Terms of Use (Last updated 16th June 2019)

This page (together with the documents referred to on it) sets out the terms of use (“Terms of Use”) on which users may make use of our website www.SuperMed.my (“Website”) and mobile application (“App”) collectively “Service” or “Services”, whether as a guest or a registered user (“You”,”yourself,”“your”, “users”). You are advised to read these Terms of Use carefully before you start to use the Services. By using the Services, you indicate that you agree and accept to these Terms of Use and that you agree to abide by them. Your use of any part of the Service constitutes your acceptance of these Terms of Use which takes effect on the date on which you first use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.The Website is owned and operated by SuperMED Sdn Bhd, company number 1294006-A. We are pleased to offer you a platform that enables you or the users of the Services to communicate electronically via any references in such as text, picture and/or audio messages about health issues with independent healthcare providers and/or healthcare professionals including but not limited to general practitioners, specialists, nutritionists, dieticians and/or pharmacists who may not under agreement with SuperMed or certain of SuperMed affiliates. YOU ACKNOWLEDGE THAT SuperMed DOES NOT PROVIDE ANY HEALTH-RELATED INFORMATION AND/OR ELECTRONIC MEDICAL RELATED SERVICES AND/OR HEALTHCARE SERVICES AND SuperMed IS NOT A HEALTHCARE PROVIDER. IT IS UP TO THE INDEPENDENT HEALTHCARE PROVIDERS AND/OR HEALTHCARE PROFESSIONALS TO OFFER THE HEALTH-RELATED INFORMATION AND/OR ELECTRONIC MEDICAL RELATED SERVICES AND/OR HEALTHCARE SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH HEALTH-RELATED INFORMATION AND/OR ELECTRONIC MEDICAL RELATED SERVICES AND/OR HEALTHCARE SERVICES. THE SERVICE OF SuperMed IS TO LINK YOU WITH SUCH INDEPENDENT HEALTHCARE PROVIDERS AND/OR HEALTHCARE PROFESSIONALS, BUT DOES NOT NOR IT IS INTENDED TO PROVIDE HEALTHCARE SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY WHATSOEVER AS AN ACT OF A HEALTHCARE PROVIDER AND/OR HEALTHCARE PROFESSIONAL. ALL AND ANY HEALTH-RELATED INFORMATION AND/OR ELECTRONIC MEDICAL RELATED SERVICES AND/OR HEALTHCARE SERVICES ARE SOLELY PROVIDED BY INDEPENDENT HEALTHCARE PROVIDERS WHO ARE NOT EMPLOYED BY SuperMed OR ANY OF ITS AFFILIATES. PLEASE NOTE THAT SuperMed SHALL NOT BE RESPONSIBLE FOR ANY SESSION OR ANY FORM OF COMMUNICATION AND CHATTING WITH THE INDEPENDENT HEALTHCARE PROVIDERS AND/OR HEALTHCARE PROFESSIONALS WHICH INCLUDES ANY MEDICAL CONSULTATION, DIAGNOSIS, TREATMENT AND/OR PRESCRIPTION AND/OR ANY OTHER HEALTHCARE SERVICES AND THAT SuperMed IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS AND/OR NEGLIGENCE OF THE INDEPENDENT HEALTHCARE PROVIDERS AND/OR HEALTHCARE PROFESSIONALS AND/OR ANY HEALTHCARE SERVICES PROVIDED TO YOU. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU PROCEED, BECAUSE WHEN YOU CLICK “I ACCEPT,” YOU ARE AGREEING THAT YOU WILL ONLY USE SuperMed’S SERVICES, including its website www.SuperMed.com (“Website”) and mobile application(s) (“App”) and all content, information and/or materials provided by or through SuperMed (collectively “Service” or “Services”), IN ACCORDANCE WITH ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE AND THAT YOU WILL BE BOUND BY THEM. If you have any questions please contact us at hero@SuperMed.my.By registering your user account with SuperMed (“ SuperMed Account’) you will be able to conduct medical service booking or requests with an independent healthcare provider and/or healthcare professionals including but not limited to medical practitioners, specialists, nutritionists, dieticians and/or pharmacist. We advise you to check the validity of the license or practicing certificate or any certificate of the independent healthcare providers and/or healthcare professionals which are required by the relevant registry before proceed to communicate and chat with the independent healthcare providers and/or healthcare professionals as SuperMed does not warrant the legality and/or validity of the licenses or practicing certificates of such independent healthcare providers and/or healthcare professionals and that SuperMed is not responsible to ensure its legality and/or validity nor SuperMed be held liable for any illegality and/or invalidity of such licenses or practicing certificates and/or any consequences resulting therefrom.Before registering your SuperMed account, you warrant and affirm that you will NOT:Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law; (c) is defamatory, trade-libellous, unlawfully threatening or unlawfully harassing; and (d) inject into the SuperMed App in any manner any content containing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.To keep SuperMed running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Terms and Conditions.Our ServicesSuperMed is a mobile application that provides you a platform to conduct medical service booking and/or requests with an independent healthcare providers and/or healthcare professionals including but not limited to general practitioners, specialists, nutritionists, dieticians and/or pharmacists in the comfort and convenience of your personal medical needs, and to provide you medical advices and/or deliver medical treatments in-person Provided Always that our services is strictly not suitable for those with serious medical conditions and/or emergency conditions and/or life-threatening illnesses. If you have any serious medical conditions and/or medical emergency and/or life-threatening illnesses, we advise you to call your personal doctor or local emergency or ambulance immediately if necessary. We shall perform thorough background checks on all independent healthcare providers and/or healthcare professionals to ensure that they are in current good standing with Malaysian Medical Council and/or other local relevant authorities based on information made available to us by Malaysian Medical Council and/or other local relevant authorities however we are not responsible to ensure its total accuracy.The independent healthcare providers and/or healthcare professional doctors that promote themselves on SuperMed, are not employees of SuperMed. Employees of SuperMed do not provide users healthcare services and take no part in your medical diagnosis and/or treatment. SuperMed shall not be liable for any professional advice and/or activity from the independent healthcare providers and/or healthcare professional doctors providing their professional medical service via medical schedule booking or any on call services, nor for any information obtained on our Application. We do not recommend or endorse any specific tests, healthcare or service providers, medications, products or procedures. You acknowledge that your reliance on any independent healthcare providers and/or healthcare professional doctors that promote themselves on our Application or information provided by such independent healthcare providers and/or healthcare professional doctor to you is solely at your own risk and you assume full responsibility for all risks associated therewith, as allowable by the extent of the law.Consult with your regular licensed doctor as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or healthcare related procedure or activity. Do not disregard medical advice issued to you by your regular licensed doctor or healthcare provider.The independent healthcare providers and/or healthcare professional doctor that promotes themselves on SuperMed is independent, and SuperMed is not responsible for any issues you may have with respect to the independent healthcare providers and/or healthcare professional doctor’s or healthcare professional’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the independent healthcare providers and/or healthcare professional doctor or healthcare professionals.You use this Service entirely at your own risk and acknowledge that SuperMed is not responsible for all damages, losses, costs or expenses which you may suffer because the service is unavailable or does not operate as expected or causes loss or damage to any data and/or mobile devices and /or computers and/or other tangible and/or intangible losses..Terms and Conditions of UseThe following are the principal conditions of your use and participation in the SuperMed App and SuperMed‘s website (“the Service”). Without prejudice to any of our rights against you in the event you breach any terms and conditions of this agreement, we reserve the exclusive and discretionary right to terminate your use of the SuperMed App or the Service without prior notice to you by deactivating your SuperMed App Account and banning you from registering for any further SuperMed App Account should you violate or fail to comply with any of the following conditions:1. Consultation via the Booking Platform1.1 It is important that the information you provide is accurate and that you disclose all relevant facts as this could affect the information and or advice you are given by the independent healthcare providers and/or healthcare professionals. If you are providing information about a person other than yourself, you must ensure that they fully understand our Terms of Use, Privacy Policy and how their information will be used and that you have their full authority to provide it to us and to give all the relevant consents on their behalf. By providing their information to us you are confirming this to be the case. WARNING: You must check any information and/or advice given with your own doctors before taking or refraining from any course of action or treatment. Failure to do so could seriously damage your health.2. Electronic Prescriptions2.1 For each session, the independent healthcare providers and/or healthcare professionals may at their sole discretion prescribe medicines based on conditions provided by you to them. For avoidance of doubt, SuperMed takes no part in any prescription issued by the independent healthcare providers and/or healthcare professionals and shall not in any way be held responsible for such electronic prescription.2.2 During the end of each session of chatting with the independent healthcare providers and/or healthcare professionals, you may also intend to request for prescribed medicines. In the event you opted to place an order and accept the prescription medicines as prescribed by the independent healthcare providers and/or healthcare professionals and agreed to the dispensation of prescription medicines by our selected pharmacies, you are required to make payment for the prescribed medicines ordered at the price as indicated by our selected pharmacies. We are not responsible for the unavailability of any items ordered. If you are not agreeable to the price charged for the medicines offered by our selected pharmacies, please do not proceed with the payment. Once you have proceeded with payment as instructed by our selected pharmacies you will assume to have accepted the medicines at the price as indicated. There shall be strictly no refund and no exchange for goods or service once payment have been made. Our selected pharmacies reserve the right to not dispense medicines to you.2.3 SuperMed does not involve nor it is intended to be involved in the dispensation of medicines or in any way act as an agent to dispense the medicines. In which event, SuperMed be held responsible for such declination and for any consequences thereof. SuperMed shall not be held responsible and liable for any dispensation of prescription medicines as issued and directed by the independent healthcare providers and/or healthcare professionals. Any actions issues and disputes arising from the prescribing and/or dispensing services of medicines must be taken up and brought against the independent healthcare providers and/or healthcare professionals directly.2.4 Upon receiving the electronic prescription from the independent healthcare providers and/or healthcare professionals with your acceptance to the order placement and successful payment, the independent healthcare providers shall work to dispense the prescription medicines. In the event if you are unable to collect your own medicine, please present an authorization letter for the person collecting on your behalf. You or your authorized carer are jointly and severally responsible for signing the medicine package upon delivery. Please present a valid ID and QR code from the Application for confirmation and verification at all times.2.5 Please note that prescription medicine orders are strictly not allowed for those who are under 18 years old. Please further note that only delivery within Malaysia is allowed. Additional charges and/or costs for delivery and/or all prevailing statutory taxes and/or any future taxes that may be in force at any point of time may be charged to you.2.6 You are responsible for informing SuperMed and the independent healthcare providers and/or healthcare professionals if you are taking any other medications, supplements and traditional medicine. You are responsible for informing SuperMed and the independent healthcare providers and/or healthcare professionals of your current health status and personal medical information/records. You are also responsible for informing SuperMed and the independent healthcare providers and/or healthcare professionals of any allergies. SuperMed is not responsible for any allergic reactions resulting from allergies that were not clearly stated and /or allergies that are not previously identified or known.2.7 WARNING – You must check all items dispensed to you and should not take any medication that appears to have been tampered with or which may have been dispensed in error. Failure to abide by this warning could seriously damage your health and SuperMed and the independent healthcare providers are not responsible should you fail to notify us of any damage or error. If your prescription medicines appear to be damaged (with evidence and photos taken) you are responsible to contact us at prescription@SuperMed.com. SuperMed will liaise with the independent healthcare providers will make every effort to replace any damaged products when indicated.3. Promotions and Offers3.1 We may encourage you to participate and enjoy our promotions. Our promotions and offers are at most served as an invitation only and it is up to you to accept our promotions and offers. Once you have accepted our promotions and offers of any kind these Terms of Use and the following terms and conditions shall apply, unless otherwise stated. By accepting any promotional offer, you agree to be bound by these Terms of Use and all additional terms and conditions which may be imposed and associated therewith from time to time at our sole discretion. The Application reserves the right to send particular promotions to particular Users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contents and promotions, as further described in our Privacy Policy provided however that we will not use your personal information for our promotions or for our marketing of products without your prior written consent. Notwithstanding the foregoing, you agree that SuperMed may communicate your personal information to the independent healthcare providers and/or healthcare professionals featured on the Application in connection of any health information provide by the independent healthcare providers and/or healthcare professionals. SuperMed is not responsible for any unauthorized promotions and offers offered by third parties through the Application.4. Representations and Warranties4.1 You agree not to post User Content that:•is sexually explicit or pornographic;•creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;•may create a risk of any other loss or damage to any person or property;•seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;•violates, or encourages any conduct that violates laws or regulations;•contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;•contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);•infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;•contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or•is fraudulent, false, misleading, or deceptive.4.2 You agree not to engage in any of the following prohibited activities:•Use, display, mirror or frame the Service, any individual element within the Service, the SuperMed name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;•Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;•Attempt to probe, scan, or test the vulnerability of any SuperMed system or network or breach any security or authentication measures;•Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SuperMed or any of our providers or any other third party (including another user) to protect the SuperMed Content;•Attempt to access or search the User Content or SuperMed Content or scrape or download User Content or SuperMed Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SuperMed or other generally available third party web browsers;•Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;•Use any meta tags or other hidden text or metadata utilizing SuperMed trademark, logo, URL, or product name without SuperMed‘s express written consent;•Use SuperMed user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;•Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;•Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;•Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;•Impersonate or misrepresent your affiliation with any person or entity;•Violate any applicable law or regulation;•Request, collect or store username, password, token or any other account authentication information from other users; or•Encourage or enable any other individual to do any of the activities prohibited in this Terms and Conditions.4.3 You agree to comply with and be bound by the following:•You will only access and use the Service for informational or educational or referencing purposes;•You will only access and use the Service in non-emergency situations;•You will not access or use the Service or the App as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider;•You will not in any circumstances whatsoever access or use the Service or the App for the purpose of seeking for any diagnosis, prognosis, treatment, prescription, product recommendation or medical advice of any kind;•You will not consider the information, content and material provided by or obtained through the Service, the independent healthcare providers and/or healthcare professionals, other SuperMed’s users, employees, licensors or any other third parties in connection with SuperMed to be diagnosis, prognosis, treatment, product recommendation or medical advice of any kind;•You will not advise, diagnose or treat any person at any time based on the information, content or material that is contained in the Website or the App or you receive through the Service, the Website or the App or when interacting with the independent healthcare providers and/or healthcare professionals by using the Service, the Website or the App;•You are solely responsible for your interactions with the independent healthcare providers and/or healthcare professionals with whom you communicate by using the Service, the Website or the App;•You are solely responsible for your use of the Service, for any User Content you post to the Website or the App, for anything that occurs through your SuperMed Account and for any consequences thereof;•You agree and acknowledge that your use of the Service, post of any User Content by using the Service and any communication and interaction with the independent healthcare providers and/or healthcare professionals by using the Service or the App is at most served as a form of social interaction and sharing of experiences and information about health issues and no doctor-patient relationship exists by doing so;•You agree and acknowledge that SuperMed does not participate in the interaction between you and the independent healthcare providers and/or healthcare professionals and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision or failure to provide or responsiveness of the information provided by or to the independent healthcare providers and/or healthcare professionals; you are responsible for informing SuperMed of any poor or substandard quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness of Services provided by independent healthcare providers and/or healthcare professionals.•You agree and acknowledge that in most circumstances the Services provided on or through the Website or the App is not licensed by any state in Malaysia or any country.4.4 You agree to the following general conditions:•Your use of the Service is at your solely risk. The Service is provided on an “as is” and “as available” basis without warranty or representation of any kind, whether express or implied;•You will save and hold SuperMed harmless for any event or activity occurs through your SuperMed Account;•You will not interfere or attempt to interfere with the operation of the Service or the App;•SuperMed may, but has no obligation to, remove content and accounts containing content that it determines in its sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use without prior notice;•SuperMed does not warrant that: 1.the Service will meet your specific requirements;2.the Service will be uninterrupted, timely, secure, or error-free;3.the results that may be obtained from the use of the Service will be accurate or reliable;4.the quality of the Service, information, or other material obtained by you through the Service will meet your expectations; and5.any errors in the Service will be corrected;•You warrant that you are 18 years of age or older and have full power, legal authority and legal capacity to enter into the agreement of these Terms of Use;•You expressly acknowledge and agree that SuperMed shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other tangible or intangible losses (even if SuperMed has been advised of the possibility of such damages), resulting from: 1.the use or the inability to use the Service or the App;2.unauthorised access or use of your SuperMed Account;3.statements or user content or conduct of any users or third party on the Service; or4.any other matter relating to the Service or the App;•The failure of SuperMed to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and SuperMed and govern your use of the Service, superseding any prior agreements between you and SuperMed (including, but not limited to, any prior versions of the Terms of Use);•We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If you want to stop using your SuperMed Account, you can delete it at your own option. Upon termination of your SuperMed Account, you will not be entitled to any refund and we reserve the right to deal with your information and any content you uploaded and shared using such account in any way as we shall deem fit.4.5 You agree to use your SuperMed Account in accordance with the following:•You are responsible for maintaining the security of your account and password. SuperMed will not be liable for any loss or damage from your failure to comply with this security obligation. You agree and undertake to notify SuperMed in writing of any unauthorized or fraudulent use of your SuperMed Account or password;•You will not permit others to use your SuperMed Account and will refrain from charging anyone for access or use of any portion of your SuperMed Account;•You will not create account with SuperMed through unauthorised means, including but not limited to, by using an automated device, script, robot, spider, crawler or scraper;•You will not use the Service, the Website or the App for any illegal or unauthorised purpose;•You are responsible for anything that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. You also represent that all information you provide or provided to SuperMed upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy;•Violation of these Terms of Use may, in SuperMed‘s sole discretion, result in termination of your SuperMed Account without any prior notice to you. You understand and agree that SuperMed will not be responsible for any User Content posted on or to the Service and your communication and interaction with any users, the independent healthcare providers and/or healthcare professionals or any third party. You use the Service at your own risk. If you violate these Terms of Use, or otherwise create risk or possible legal exposure for SuperMed, we can stop providing all or part of the Service to you at our absolute discretion without liability and prior notice;Medical DisclaimerTHIS WEBSITE OR APPLICATION IS NOT INTENDED FOR THE PURPOSE OF PROVIDING MEDICAL ADVICESuperMed does not provide healthcare services or health information and SuperMed is not a healthcare provider. It is up to the independent healthcare providers to offer the healthcare services or medical information to you and it is up to you to accept such unconventional healthcare services or medical information. The Service of SuperMed is to link you with such independent healthcare providers via booking platform, but does not nor it is intended to provide healthcare services or medical information or any act that can be construed in any way whatsoever as an act of a healthcare provider.All information, content, and material provided procured and/or obtained through or by using the Service is for informational purposes only and are not intended to serve as a substitute of your usual consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider.MEDICAL EMERGENCYIf you have a medical emergency, call your doctor or local emergency and ambulance immediately.WEBSITE INFORMATION INTENDED FOR USE BY INDUSTRY PROFESSIONALSSuperMed is geared towards providing information and medical booking platform to users regarding the capabilities and ranges of products of SuperMed. The information contained on the website or application is compiled from a variety of sources and is not considered complete. The information accessed through this website is provided “AS IS” and without any warranties, whether expressed or implied.Disclaimer of Warranties To the Fullest extent permitted by law, SuperMed DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, regarding any information or other material displayed on the website or service, whether authored by the SuperMed or others; and the operation of this website, including any warranty of merchantability and/or fitness for a particular purpose or use.The SuperMED Sdn Bhd makes no representation or warranty as to the reliability, accuracy, timeliness, usefulness, adequacy or suitability of the information contained in the website or the App and does not represent and/or warrant against human or machine error, omissions, delays, interruptions or losses, including the loss of any data. SuperMed makes no warranty that the App or the Service will meet your requirements nor does SuperMed make any warranty as to the results that may be obtained from the use of the Service or the App. You understand and agree that any material downloaded or otherwise obtained through the use of the App or the Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material and/or information. No advice or information, whether oral or written, obtained by you from or through the App or the Service will create any warranty not expressly made herein. Neither the content nor any other service offered and provided by or through the App or the Service is intended to be for medical diagnosis or treatment and does not serve as a substitute for your own sound and reasonably prudent judgment. Persons accessing the information, content and any material on or in connection with the Service assume full responsibility for the use of the information and agree that SuperMed is not responsible or liable for any claim, loss, or damage arising from the use of the information or the Service. SuperMed does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, off-label drug uses or other information that may be mentioned through the Service or the App. Your reliance upon the content obtained or used by you is solely at your own risk.Limitation of LiabilitySuperMed and any of our owners, subsidiaries, affiliated companies, employees, shareholders, or directors shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including and without limitation to any damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the App or the Service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Your use of the App or the Service is at your own risk. If you disagree or dissatisfied with any portion of the App or the Service, your sole and exclusive remedy is to discontinue use of the App or the Services.IndemnificationYou agree to indemnify and hold harmless SuperMed and any of our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, officers, consultants and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including and without limited to cost of defence of claims, suits or proceedings brought against SuperMed), in any way related to your access to or use of SuperMed or the Service or your breach of any of these Terms.Governing Law and JurisdictionThese Terms of Use and any claim, cause of action or dispute arising out of such use of the Service or the App are governed by and construed in accordance with the internal substantive laws of Malaysia and under the exclusive jurisdiction of Malaysian Courts, without respect to its conflict of laws principles.Dispute ResolutionAll claims or dispute arising out or related to the use of the Service or the App must be settled amicably and all parties involved must exhaust all possible means to resolve the disputes or claims in amicable manners including arbitration, mediation or other alternative dispute resolution available but not limited in Malaysia before resorting to Malaysia court system.TerminationSuperMed may terminate your use of the App or the Service or your SuperMed Account for any reason, without notice, at any time, and without liability to you. If you want to stop using your SuperMed Account, you can delete it at your own option. Upon termination of your use of the Service or your SuperMed Account, you will not be entitled to any refund of fees paid (if any) and we reserve the right to deal with your information and any content you uploaded using such account in any way as we shall deem fit. We will not be liable to you or any other party for any termination of your access to the App or the Services or deletion of your SuperMed Account or content uploaded by you.Legal NoticeThe information content and material contained provided procured or obtained through or by using this website or service is not intended to recommend the self management of health problems or wellness. It is not intended to endorse or recommend any particular type of medical treatment. Should any users have any serious or emergency conditions or health care related issues, promptly call or consult your personal physician or healthcare provider or call ambulance or visit local emergency if necessary. This Website or App should be used by any user to disregard medical and/or health related advice or provide a basis to delay consultation with a physician or a qualified healthcare provider.You should not use any information content and material contained provided procured or obtained through or by using this website or app to initiate use of dietary supplements, vitamins, herbal and nutritional products or homeopathic medicine, and other described products prior to consulting first with your regular licensed physician or healthcare provider. SuperMed disclaims all and any liability based on information content and material contained provided procured or obtained through or by using this website or service.SuperMed reserves the right, but is not obligated, to remove or request to be removed any User Content for any reason or for no reason, including User Content that SuperMed has reasonable grounds to believe it violates this Terms and Conditions. SuperMed may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in SuperMed‘s sole determination, a User violates any provision of our Terms and Conditions, or for no reason. SuperMed also holds the right, but is not obligated, to filter through the content you post or share and retain it for 24 hours upon publishing.SuperMed reserves the right to make any changes and corrections to these Terms. We may revise and make changes to these Terms of Use from time to time and the most current version will always be posted on our website. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms of Use. Please refer to this page from time to time to review these and any new additional terms and information.