Terms & Conditions

Terms And Conditions Of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.

The terms and conditions herein (“Agreement”) are applicable to your use of the services and content provided through www.mediharta.com.my universal resource locator (”URL”) and all its subsidiary web pages (“the Site”). This Agreement is entered into between you and the operator of the Site, Mediharta Sdn Bhd (“MEDIHARTA”). The Site may be used for informational purposes only. By accessing and using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the Site or download materials from the Site.

Registration Obligations
You agree and confirm that all information provided by you in the registration process is true, accurate, current and complete and further agree to maintain and promptly update your registration data to keep it true, accurate and complete at all times. If the information provided by you is found to be, or if MEDIHARTA has reasonable grounds to believe that such information, untrue, inaccurate, not current or complete, the Company has the right to terminate your access to the Site whether temporarily or indefinitely. In particular, you warrant to MEDIHARTA that:
- you are at least eighteen (18) years of age;
- you possess the legal capacity to sign legally binding contracts; and
- you have used the login name and password that has been assigned to you to access the Site.

MEDIHARTA shall be allowed to use any such information provided by you without prior consent to the extent permitted by law.

Limited License and Intellectual Property Rights
Subject to the terms and conditions set forth in this Agreement, MEDIHARTA grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

MEDIHARTA authorizes you to view and download the information ("Materials") at the Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way, reproduce, retransmit, publicly display, perform, distribute, sell, publish, broadcast or otherwise use the Materials for any public or commercial purpose without the prior written consent of MEDIHARTA; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, MEDIHARTA does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Acceptable use of the Site

You shall NOT:

  • send unsolicited e-mail messages which would constitute ‘spam’ or ‘junk mail’ of any kind, including without limitation commercial advertising, announcements etc to any other users of the Site or using any e-mail facilities provided by the Site;
  • send, assist and/or attempt to send any computer viruses or any other harmful, disruptive or destructive files to MEDIHARTA’s computer system or to any other system which will affect the normal operations of the Site;
  • directly or indirectly use the services on the Site in a manner which is detrimental to MEDIHARTA’s computer system, public safety or otherwise harmful to any person;
  • attempt to gain unauthorized access to any services on the Site, other accounts, computer systems or networks connected to any MEDIHARTA server or to any of the services provided in the Site, through hacking, password mining or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the services of the Site;
  • deliberately cause any interference to the Site or any part thereof, without limitation, mailbombing, flooding, intentional attempts to overload a system and broadcast attacks;
  • infringe or otherwise adversely affect any intellectual property rights in the Site;
  • at any time during or after the termination or expiration of this Agreement assert or claim any interest in or do anything which may adversely affect the validity or enforceability of any of MEDIHARTA’s intellectual property rights;
  • register or cause others to register or otherwise claim proprietorship of any URL containing or consisting of MEDIHARTA’s marks in any language, country code top level domain name and/or any subsequent top level domain name;
  • commit any activities which compromise the integrity of the Site;
  • share your login name, password and activation code with any other person or allow any other person to access the Site with your login name, password or activation code;
  • deep link any part of the Site without express consent;
  • post any content which may contravene any laws including but not limited to the laws relating to defamation, sedition, misrepresentation, harassment and the like; and
  • Post any content which may be offensive, vulgar, obscene or otherwise objectionable.

Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MEDIHARTA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. MEDIHARTA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. MEDIHARTA MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

MEDIHARTA does not warrant the uninterrupted use and your continued access to any part of the Site and the use of any services therein. MEDIHARTA does not warrant an error free or secure access to the Site. MEDIHARTA reserves the right to terminate your access to any part of the Site at any time without prior notice to you at MEDIHARTA’s sole and absolute discretion.

Third Party Sites
As a convenience to you, MEDIHARTA may provide, on the Site, links to Web sites operated by other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. MEDIHARTA makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that MEDIHARTA or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of MEDIHARTA or any of its affiliates or subsidiaries.

In no event shall MEDIHARTA be liable to anyone for any loss or damage arising from or occasioned by your use of the third parties’ websites or the information or material accessed through these websites.

External Links to the Site
All links to the Site must be approved in writing by MEDIHARTA, except that MEDIHARTA consents to links in which: (i) the link is a text-only link containing only the name "Mediharta Sdn Bhd"; (ii) the link "points" only to www.mediharta.com.my and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by MEDIHARTA nor be such as to damage or dilute the goodwill associated with the name and trademarks of MEDIHARTA or its Affiliates. MEDIHARTA reserves the right to revoke this consent to link at any time in its sole discretion.

Information Provided By You
Any personally identifiable information you may provide to MEDIHARTA via the Site is protected by the Privacy Policy associated with the Site. MEDIHARTA does not want you to, and you should not, send any confidential or proprietary information to MEDIHARTA via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to MEDIHARTA will not be considered confidential or proprietary. By providing any such information or materials to MEDIHARTA, you grant to MEDIHARTA an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that MEDIHARTA is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to MEDIHARTA. You further recognize that MEDIHARTA does not want you to, and you warrant that you shall not, provide any information or materials to MEDIHARTA that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages
IN NO EVENT SHALL MEDIHARTA OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF MEDIHARTA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOULD ANY CLAIM ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT WHICH RESULTS IN MEDIHARTA BECOMING LIABLE FOR ANY LOSS OR DAMAGE NOT CAPABLE OF EXCLUSION UNDER THESE TERMS AND CONDITIONS, THEN THE TOTAL LIABILITY FOR SUCH LOSS SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO MEDIHARTA UNDER THIS AGREEMENT.

Changes
MEDIHARTA reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. MEDIHARTA may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. MEDIHARTA may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. MEDIHARTA may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

No Agency Relationship
You and MEDIHARTA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee is intended or created by this Agreement.

No expert advice
All information and advice provided in the Site are intended for informational purposes only. These services do not constitute and are not a substitute for expert advice and should not in any way be relied on as such. You should exercise independent judgment and discretion in the use of such information, which may be misleading. Individual circumstances and country laws may vary and you are strongly advised to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Indemnity
You agree to indemnify, defend and hold harmless MEDIHARTA, its directors, employees, affiliates, agents and contractors, from and against any and all liability, losses, damages, judgments, costs and expenses (including reasonable attorney’s fees) arising out of any claim, suit, action or other proceeding brought by any third party relating to a breach of any of your obligations herein, and your use of the Site, including without limitation any claim, suit, action or other proceedings relating to any content provided by you in the Site.

International Users and Choice of Law
The Site is controlled, operated and administered by MEDIHARTA from its offices within Malaysia. MEDIHARTA makes no representation that materials at the Site are appropriate or available for use at other locations outside of Malaysia and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of Malaysian export laws and regulations. If you access the Site from a location outside of Malaysia, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of Malaysia, without giving effect to its conflict of laws provisions.

This Agreement constitutes the entire agreement between MEDIHARTA and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Headings
Headings, wherever appearing, are for convenience of reference only and shall in no way define, limit, construe or describe the scope or extent of any provision.

Waiver
Any failure, delay or indulgence by MEDIHARTA to act with respect of any breach by you or others or to enforce any of MEDIHARTA’s rights shall not constitute a waiver on the part of MEDIHARTA. It shall also not preclude or limit MEDIHARTA’s right to take action later and / or to act with respect to subsequent or similar breaches.

Privacy Policy
MEDIHARTA is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from the Site.

Information Collected
In general, you can visit the Site without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. In addition, there are portions of the Site where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. The information collected from you may include your name, address, designation, company name, Ministry of Health registration number, telephone, fax number, or e-mail address.

Use of Collected Information
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of the Site and to improve the content of the Site. When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request (such as to receive electronic annual reports or to be added to our supplier diversity database). This information may be shared with other MEDIHARTA businesses, but only if necessary to fulfill your request or for related purposes. We may share the personal information you provide with other companies we have hired to provide services for us. These companies - our vendors – are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third-parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud).

If you register with one of MEDIHARTA's business units online, they may use this information to provide you with custom information about MEDIHARTA's offerings in support of your business needs. You should review the privacy policy associated with the Site for further information about that MEDIHARTA business' privacy practices. For example, a technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a Web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. You may set your browser to notify you when you receive a cookie.

Links to Other Sites
The Site may contain links to other sites such as MEDIHARTA distributors and partners. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.

Security of Collected Information
We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those MEDIHARTA workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information are subject to disciplinary action.

Access to Collected Information
You may review and update the information that you provide to us through the Site by contacting us as described below.

Contacting Us
If you have any questions about this privacy policy, please use the Contact Us page. We welcome your questions and suggestions about our privacy policy.

Changes to this Policy
Please check this privacy policy periodically to inform yourself of any changes. Although we reserve the right to modify or supplement this privacy policy, we will provide notice to you on the Site of any major changes for at least 30 days following the change.



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