Terms And Conditions
PLEASE READ THESE TERMS CAREFULLY. BY VISITING OUR WEBSITE OR MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE LEAVE OUR WEBSITE OR UNINSTALL OUR MOBILE APP IMMEDIATELY IF YOU DO NOT AGREE TO THESE TERMS.
A. Welcome to www.esyms.com and/or Esyms App. This is an internet based platform and/or mobile application owned and operated by Esyms Sdn. Bhd. (Company registration No. 1167990-T), a company duly incorporated under the provisions of the Companies Act 2016 (hereinafter referred to as “Esyms”, “We”, “Our”, “Us” or “Company”).
B. Your access or use of the mobile app and/or website, transaction on the mobile app and/or website and use of Services (as defined herein below) are governed by the following terms and conditions, including the applicable policies, which are incorporated herein by way of reference. These terms and conditions constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Esyms on the other part.
C. The mobile app and/or website is a platform that provides service to facilitate online purchase of pharmaceutical products sold by various third party pharmacies (“Vendors”) and also serve as an information platform providing health and wellness related information to the Users accessing the mobile app and/or website as well as other healthcare services to customers’ door-step including but not limited to tele-pharmacist services (hereinafter referred to as the “Services”).
D. Esyms reserves the right to change or modify these terms and conditions or any policy or guideline of the mobile app and/or website including the Data Protection Notice, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the mobile app and/or website and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the mobile app and/or website will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the mobile app and/or website.
1. In order to use our platform, you must be at least 18 years of age and you are required to create a user account and agree to the terms and conditions contained in our End User Agreement. Please read the terms and conditions in our End User Agreement before creating your user account. You will not be able to place any order or subscribe to any of our Services on our mobile app and/or website without first creating a user account.
2. You shall not, whether by yourself and/or through and/or by way of enabling your agents, employees, directors, shareholders, partners, representatives, affiliates and/or any other third party, reverse engineer, decompile, decode, decrypt, derive, alter, modify, amend, tamper, hack and/or create derivative works out of the mobile app and/or website, their source codes, their electronic or digital rights management components, their layouts and/or any components of the mobile app and/or website whether in whole or in part or in any combination whatsoever thereof.
3. You acknowledge and agree that the platform, mobile app and website contains proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, pricing information, copyrights, designs, databases, confidential information, layouts, patents, trade marks, badges of trade, source codes, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
4. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.
CREATING AN ACCOUNT
5. In order for you to use certain features of the mobile app and/or website (e.g. to place an order for pharmaceutical products, to subscribe to our Services, posting rating and/or reviews, receiving our e-newsletters), you need to first set up an account with us (hereinafter referred to as the “Esyms Account”). You will be required to furnish us with your personal details as requested in our Customer Information form, including, your name, gender, email address, user name, account password, mobile phone number, billing and shipping addresses. Kindly refer to our Data Protection Notice for information relating to the use of your personal details.
6. You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information at all times.
7. Your Esyms Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your Esyms Account.
8. We will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your Esyms Account, you shall immediately notify us.
9. It is your responsibility to keep your contact details including your mobile phone number and email address up-to-date to enable us to communicate with you.
CONSENT TO COLLECTION AND USE OF INFORMATION
10. You agree and consent to receiving notices, announcements, advertisements and all other forms of communications from us pertaining to our platform, whether physical or electronic, via mail, email, our mobile app and website.
12. You also acknowledge and agree that the downloading, installation, use, updating and/or restoring of the mobile app by you may involve the downloading, installation, use, updating and/or restoring of Third Party Software. Should you choose to do so, you hereby acknowledge and agree that we do not make any representations nor warranties as to such third party software and do not evaluate, assess, certify nor endorse any such third party software. You further acknowledge and agree that you shall comply with any and all terms and conditions accompanying the provision of such third party software to you.
13. We do not make any representations with regards to the accuracy, appropriateness and safety of the pharmaceutical product offered by vendors and Services rendered via our mobile app and website. Any and all representations made on our mobile app and website are of general nature. You acknowledge that the effect of a particular pharmaceutical product may vary among individuals and there is a possibility that you are allergic to certain ingredient in the pharmaceutical product. You acknowledge and agree that you are solely and fully responsible to seek the necessary medical consultation and/or advice regarding the accurateness, appropriateness and safety of all pharmaceutical product intended to be ordered by you and Services rendered by us via the mobile app and website and that you do not rely on any form of representation by us.
14. You understand that all tele-pharmacy services rendered to you and pharmaceutical products purchased by you are provided, sold and dispensed by third party pharmacist. You also understand that any other services rendered to you via our website and/or mobile app are rendered to you by third parties.
15. Any orders placed on our platform are subject to proximity of the pharmacy from the delivery destination, delivery capability, product availability and acceptance by the vendor and/or us. We shall have the absolute right to reject your placement of orders or cancel any placed orders at our sole discretion.
16. The availability of vendors and pharmaceutical product may vary from time to time and we do not make any representations as to the continued availability of any vendor and/or pharmaceutical product.
17. All prices listed on the mobile app and/or website of the pharmaceutical product and the Services is the price of listing at that given time. We reserve the right to change and amend these prices at any time. All prices are further subject to all other applicable taxes and delivery charges. In the event that any listed price is not current, we will contact you to inform you about the price difference and you can choose to either confirm or cancel the affected order.
DISCLAIMERS AND LIMITATIONS
18. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the platform, mobile app, website nor any third party software to be used in conjunction with our mobile app and website. All such use by you is solely and fully at your own risk.
19. The platform, mobile app, website and/or third party software is provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the platform, mobile app, website and/or third party software.
20. You acknowledge and accept that we do not make any representations nor warranties as to any interference, disturbance, interruption, disconnection and/or discontinuance with your enjoyment and/or use of the platform, mobile app, website and/or third party software as well as to any error-free use of the platform, mobile app, website and/or third party software.
21. You acknowledge and accept that we do not make any representations as to the digital security of our mobile app, website and/or third party software including but not limited to the transmission of any viruses, bugs and/or trojans that may result from your downloading, installation, use, updating and/or restoring of our mobile app, website and/or third party software.
22. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third party rights with regards to the platform, mobile app, website and/or third party software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third party rights and any infringement or non-compliance of any such third party rights by you via your use of the platform, mobile app, website and/or third party software shall be at your sole risk and responsibility.
23. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software as well as all other forms of non-performance, use or inability to use the platform, mobile app, website and/or third party software whatsoever and howsoever arising.
WAIVERS AND INDEMNITIES
24. In the event that your downloading, installation, use, updating and/or restoring of the platform, mobile app, website and/or third party software infringes any third party rights, you hereby agree to waive all claims against us pursuant to any such infringement. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs that may arise out of such infringement to the extent that it is attributable to your own conduct.
25. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to this Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
26. All prices are in Ringgit Malaysia (RM). Applicable taxes will be included where it is indicated.
27. There shall be no return or refund policy. We have the sole discretion to assist you with any complaint that you may have with regards to the pharmaceutical products purchased from third party pharmacy and delivered to you and Services rendered to you via our mobile app and/or website.
28. Where any term or terms herein is found to be invalid or illegal at any time, the parties agree that such invalid or illegal term(s) shall be severed from this Terms & Conditions as if it was never a part of this Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between the parties.
29. You shall not assign or transfer your rights or obligations herein without the prior written consent from us.
30. This Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.