Effective: February 1st, 2023

1.0 Introduction


By accessing, registering, or using any of Qmed Asia's platforms, products, services, or mobile applications (collectively referred to as "Services"), you agree to comply with and be bound by these Terms of Use ("Terms"). Your use of our Services constitutes your agreement to these Terms, forming a legally binding contract between you and Qmed Asia.


Qmed Asia reserves the right to modify, update, or replace these Terms at any time, at our sole discretion. Any such changes will be posted on our website or communicated through appropriate channels. Your continued use of our Services following the posting of any changes to these Terms signifies your acceptance of those changes.


The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions. References to "we," "us," or "our" mean Qmed Asia, and references to "you" or "user" mean the individual or entity accessing or using our Services.

2.0 Scope and Applicability


These Terms apply to all users of our Services, including but not limited to healthcare providers, patients, third-party vendors, affiliates, and visitors, regardless of the mode of access, such as through our website, mobile applications, or API integrations.


Geographic Scope
The Terms are applicable to users both within and outside of Malaysia, subject to compliance with local laws and regulations that may apply to the use of digital health solutions.


Product-Specific Terms
Certain products or services offered by Qmed Asia may have additional terms and conditions that supplement these Terms. By using those products or services, you agree to comply with such additional terms.


Relationship with Other Agreements
These Terms must be read in conjunction with other agreements you may have with Qmed Asia, such as Privacy Policy, Service Level Agreements, and Licensing Agreements. In the event of any conflict between these documents, the specific agreement related to the subject matter shall prevail.

3.0 User Obligations


Account Responsibility
Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. They must immediately notify Qmed Asia of any unauthorized access or use.


Lawful and Ethical Use
Users must use the Services in a lawful manner, consistent with applicable laws, ethical guidelines, and industry standards. This includes, but is not limited to, privacy laws, intellectual property rights, and healthcare regulations.


Content Responsibility
Users are responsible for the content they upload, share, or transmit through the Services, ensuring it is accurate, lawful, and not in violation of others' rights.


Compliance with Guidelines and Policies
Users must comply with all applicable guidelines, policies, and instructions provided by Qmed Asia, including but not limited to security protocols, data handling procedures, and patient interaction guidelines.


Users shall not engage in activities that could harm, disrupt, or interfere with the Services, including attempts to gain unauthorized access, reverse engineering, or propagation of malicious software.


Cooperation with Investigations
Users shall cooperate with Qmed Asia in the investigation of any suspected breaches, fraud, or violations, providing necessary information and assistance.

4.0 Intellectual Property Rights


All intellectual property rights in and to the Services, including but not limited to trademarks, copyrights, patents, trade secrets, and proprietary algorithms related to Qmed Asia's products, are owned by or licensed to Qmed Asia.


Users may not copy, distribute, reproduce, modify, reverse engineer, or create derivative works from any part of the Services without Qmed Asia's express written consent. This includes but is not limited to proprietary technology in medical devices integration solutions, Clinical AI Assistant algorithms, and digital health solutions.


License to Use
Subject to compliance with these Terms, Qmed Asia grants users a non-exclusive, non-transferable, revocable license to access and use the Services solely for the purpose for which they were intended.


User Content
Users grant Qmed Asia a perpetual, irrevocable, worldwide license to use, reproduce, modify, and distribute any content they submit through the Services, subject to compliance with Qmed Asia's Privacy Policy.

5.0 Disclaimers and Limitations of Liability


No Warranty
Qmed Asia provides the Services on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.


Limitation of Liability
To the fullest extent permitted by applicable law, Qmed Asia shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to the use or inability to use the Services.


Users agree to indemnify, defend, and hold harmless Qmed Asia and its affiliates, officers, directors, and employees from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from their violation of these Terms or use of the Services.

6.0 Third-Party Links


External Links
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Qmed Asia. These links are provided for convenience only and do not constitute an endorsement.


No Responsibility
Qmed Asia assumes no responsibility for the content, policies, or practices of third-party sites. Users are encouraged to review the terms and conditions and privacy policies of those sites before accessing or using them.


Interaction with Third Parties
Any interactions, transactions, or dealings with third-party entities, including advertisers or sponsors found through the Services, are solely between the user and the third party, and Qmed Asia disclaims any liability related to such interactions.

7.0 Termination


Right to Terminate
Qmed Asia reserves the right to terminate or suspend a user's access to the Services, at its sole discretion, without notice, for conduct that Qmed Asia believes violates these Terms or is harmful to other users, Qmed Asia, or third parties, or for any other reason.


Termination Consequences
Upon termination, all rights and licenses granted to the user will cease immediately, and the user must cease all use of the Services. Qmed Asia is not liable for any damages or losses resulting from termination.


User's Right to Terminate
Users may terminate their account and cease using the Services at any time, subject to fulfilling any outstanding obligations or commitments under these Terms or any other agreements with Qmed Asia.


Provisions relating to intellectual property rights, liability limitations, dispute resolution, and any other terms intended to survive termination shall continue to apply even after termination.

8.0 Governing Law


Applicable Law
These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.


The parties agree to submit to the exclusive jurisdiction of the courts located within Malaysia for the resolution of any legal matter arising from these Terms or related to the use of the Services.


Compliance with Local Laws
Users are responsible for compliance with local laws, if and to the extent local laws are applicable. Qmed Asia makes no representations that the Services are appropriate or available for use in other locations.

9.0 Contact Information


General Inquiries
For general inquiries, concerns, or assistance related to the Services, users may contact Qmed Asia through the designated contact channels provided on the website or application.


Legal Notices
Any legal notices or formal communications should be sent to Qmed Asia's registered office address, as specified in the official documentation or on the website.


Customer Support
Customer support and technical assistance for specific products or services may be reached through specialized channels, including helplines, support emails, or dedicated customer service portals.


Qmed Asia welcomes feedback, suggestions, and comments from users. Contact details for submitting feedback are available on the website or within the application.

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