Terms and Conditions of Use

This terms and conditions of use governs the use of the contents, information and materials that are made available on https://www.gem.clinic/, GEMW Group Sdn Bhd ("website" or "we" or "us").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.   

INTRODUCTION

Welcome to our website. By using our website, you confirm that you: (a) accept and (b) agree to comply with, these terms and conditions of use. Please do not use our website if you do not agree to any part of these terms and conditions.

We are permitted to revise these terms and conditions at any time as we see fit, and by using this website, you are expected to review such terms and conditions on a regular basis to ensure you are familiar with the current version and understand all terms and conditions governing the use of the website.

USING MATERIAL ON OUR WEBSITE

We own or have the licence to all intellectual property rights in our website, and in the material on it. The materials published on our website are copyright protected.

You may download extracts of or print off one copy of any page(s) from our website for your personal use subject to the following restrictions:

  • Materials you have printed off or downloaded must not be modified in any way.
  • Illustrations, photographs, video or audio sequences or any graphics downloaded from our website must not be used separately from any accompanying text.
  • If you use content from our site, you must always acknowledge us as authors of such content.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from this website in any manner;
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • use in any manner and method any of our intellectual property rights in our website without our prior written consent; and
  • use the website contrary to applicable laws and regulations.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without our express written consent.

NO WARRANTIES

We make no representations, warranties or guarantee that:

  • the content on our website is accurate, complete or up to date; or
  • the website or any service on the website will remain available.

The content on our website is provided for general information only. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.

THIRD PARTY WEBSITES

Our website may include links to other third-party websites. Such links are not recommendations, endorsements or approvals. We have no control over the content of those websites or resources and accept no responsibility for them or loss or damage that may arise from your use of them.

CHANGES, SUSPENSION AND WITHDRAWAL OF OUR WEBSITE

We may occasionally update and change our website. We are not able to guarantee that our website, or its contents, will always be available. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.

YOUR LOGIN DETAILS

If you register for an account with our website, you will be asked to choose a user ID and a password, you must keep this password confidential and must notify us immediately if you become aware of any disclosure of your password.

We may disable your user identification code or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

LIMITATIONS OF LIABILITY

We (including any of our officers, directors and employees as applicable) shall not be liable to you (including any of your officers, directors and employees, as applicable) (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing in this website disclaimer will exclude or limit our liability in respect of any death or personal injury caused by our negligence; fraud or fraudulent misrepresentation our part; or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

UPLOADING CONTENT

You warrant and represent that your content will comply with these terms and conditions, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Your content (including any audio, video, text, images or other materials which you choose to display on the website) must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

You grant to us a limited and royalty- free licence to use, store and copy that content and to distribute and make it available to third parties.

We have the right to disclose your identity to any third party who claims that content you have uploaded to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content without any notice to you.

BREACHES OF THESE TERMS AND CONDITIONS

If you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

You agree to indemnify, defend and hold us harmless (including our directors, officers, employees, agents, subsidiaries, affiliates and/or other partners) from any damages, liabilities, costs and expenses (including reasonable legal fees) on account of any claim, suit, action, demand or proceedings made or brought against any such party, or on account of the investigation, defence, or settlement thereof, arising in connection with your use of the website, your violation of this terms and conditions and your violation of any rights of any other person in connection with the website including but not limited to any infringement of intellectual property rights belonging to us or any third party arising out of any unauthorised use of intellectual property rights by you.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of Malaysia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Malaysia.

OTHER TERMS

We shall be permitted to assign, transfer, and subcontract our rights and/or obligations under these terms and conditions without any notification or consent required from you. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms and conditions.

These terms and conditions, including any legal notices and disclaimers contained on the website, constitute the entire agreement between you and us in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.

If any provisions in this terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, under any laws, such term or part shall to an extent be deemed not to form part of this terms and conditions but the legality, validity or enforceability of the remainder of this terms and conditions shall not be affected.

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