Terms & Conditions
GENERAL TERMS AND CONDITIONS OF USE
We, RING Solutions Sdn Bhd (RING) strongly recommend that you carefully read the following before downloading and using the RING Mobile App (RMA), the RING Web Application (RWA) and RING Website. For your information, these terms and conditions (T&C) was last updated on 1st January 2023 .
GENERAL TERMS & CONDITIONS OF USE
1. DEFINITIONS
1.1. “HCP User” shall refer to Users who are using the Services in the capacity of a healthcare provider, including but not limited to, healthcare providers, hospitals, clinics, doctors & health-care professionals
1.2. “Non-HCP User” shall refer to Users who are using the Services in a personal capacity, and are not using the Services in the capacity of a healthcare providers, hospitals, clinics, doctors & health-care professionals.
1.3. “Users” in the general form shall refer to both HCP and non-HCP Users
1.4. “You” shall refer to all individuals and entities that access or utilize the Services.
1.5. “Personal Data” as defined in the Personal Data Protection Act 2010, means any information in respect of commercial transaction, which –
(a) is being processed wholly or partly by means of equipment operating automatically in response to the instructions given for that purpose;
(b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system
that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010
1.6. “Personal Information” for the purposes of this policy means information that identifies you, such as your name, address, phone number, fax number and/or email address.
1.7. “Sensitive Personal Data” as defined in the Personal Data Protection Act 2010 shall refer to any personal data consisting information as to the physical or mental health or condition of a subject, his political opinions, his religious beliefs, or other beliefs of a similar nature, the commission or alleged commission by him of any offence or any other personal data as the Minister may determine by order published in the Gazette
1.8. “Health-Related Information” for the purposes of this T&C means individually identifiable health information, including information related to an individual’s physical or mental health and shall include your medical records and accompanying documents, scans, x-rays, etc.
2. PROPERTY OF THE PLATFORM
2.1. The property of the RING Mobile Application (“RMA”), RING Web Application (“RWA”) and RING website (www.ring.website) (“Website”) belongs to: RING Solutions Sdn Bhd (“RING”), located at 8-02, Tower B, The Vertical Business Suite, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
2.2. The General Terms & Conditions of Use (the “T&C”) and Privacy Policy governs the use of RMA and/or RWA (“Application” or “Applications”) and the use of the services offered through the RMA and RWA (the “Service” or “Services”), through mobile devices and computers as the case may be, that enables you to share/receive your individual medical record(s) through the Internet and browser, the conditions of sharing/receiving your individual medical record(s) provided through the use of our Applications, and the relationships between you (User(s)), healthcare providers, hospitals, clinics, doctors & health-care professionals (hereinafter collectively referred to as the said “HCP”) and Applications.
2.3. Subject to your acceptance of and adherence to these T&C and Privacy Policy, RING hereby grants you a single, conditional, non-exclusive and non-transferrable license (“License”) to utilize the Services as set forth herein. For the avoidance of any doubts, the License granted to you herein is conditional upon you adhering at all times to all the T&C herein and in the event of any breaches and/or violations of any of the T&C herein, we reserve the right to terminate the License to you and/or suspend the Services afforded to you hereunder, wherein you hereby agree that you shall waive any and all rights that you may have against us for the termination of the License or suspension of the Services under these circumstances.
1.5 Services are only available to registered Non-HCP Users and HCP Users. The Non-HCP User may access the Services through the RMA or RWA or Website. By your affirmative actions of using the Services, as applicable, you and the HCP expressly consent to and accept the T&C herein and the Privacy Policy contained herein.
2. DISCLAIMER OF THE PLATFORM
2.1 The RMA and RWA connects the registered Non-HCP User and HCP but in any case, the
Applications shall only be acting as mere intermediary. The information shared by the non-HCP User and the HCP may contain Health-related information and personal data information. By registering for the Services, you expressly understand, agree and consent that your information may be shared with the HCP and/or non-HCP User. However, RING or the Application does not own any of such data or information shared between the Non-HCP User and HCP. Thus, any data provided by the Non-HCP User or the HCP belong exclusively to them. Therefore, RING and cannot be held liable for any event occurred relating to such data.
2.2 Despite the fact that RING and the Application does not own any of such data shared by the Non-HCP User and HCP, RING has applied all the measures required for “Sensitive
Personal Data” by the Malaysian Personal Data Protection Act 2010, in order to grant the protection of the data and information of the Non-HCP User and HCP User as required by law.
3. REGISTRATION PROCESS
A) NON-HCP USERS
3.1. In accordance with the provisions of the law governing these T&C, registration for the Services is limited to persons over 18 years of age. Persons under 18 years of age may access the Services by using a dependent account under a parent or guardian’s account. Therefore, when registering on our Services, you expressly state and guarantee that you fulfil this requirement and otherwise accept the consequences if they arise. If you are unable to comply with the conditions laid down in this paragraph, please do not register on our Applications.
3.2. Non-HCP Users may register using your mobile phone number or by using your Google account. For Non-HCP User who have registered using their mobile phone numbers, the registered mobile phone number will serve as the username and a one-time password (“OTP”) will be sent to your registered email address every time you log in.
3.3. Non-HCP User may add their dependents by adding dependent account(s). Registering a dependent account for a child shall mean that you expressly state and guarantee that you are the parent and/or legal guardian of the child. In other cases where you are registering a dependent, you expressly state and guarantee that you have their permission and/or consent to register them as a dependent, and that you may have access to their data and information. By registering the dependent accounts, you expressly guarantee that you fulfil the above requirements and otherwise accept the consequences if they arrive. RING will not be liable for any damages arising from the breach of this express condition.
4. As stated in Clause 3.1, registration for the Services as a NON-HCP user is limited to persons over 18 years of age. Persons under 18 years of age may access the Services by using a dependent account under a parent or guardian’s account. Only Non-HCP Users above the age of 18 may add their dependents by adding dependent accounts. Registering a dependent account for a persons under the age of 18 (i.e. a child) shall mean that you expressly state and guarantee that you are the parent and/or legal guardian of the child. In other cases, where you are registering a dependent that is above the age of 18, you expressly state and guarantee that you have their permission and/or consent to register them as a dependent, and that you may have access to their data and information.
By registering the dependent accounts, you expressly guarantee that you fulfil the above requirements and otherwise accept the consequences if they arrive. RING will not be liable for any damages arising from the breach of this express condition. If you are unable to comply with the conditions laid down in this paragraph, please do not register on our Applications.
B) HCP USERS
4.1. Registration as a HCP User is limited to medical professionals who are qualified to meet all of the requirements demanded by their profession in the country in which they pursue this profession.
4.2. Therefore, by being onboarded by the hospital where you work or registering on our website as an HCP User, you expressly state and guarantee that you meet this requirement and accept the consequences that may arise if otherwise. HCPs can register an account by creating a Username and a password on both the RMA and RWA.
4.3. HCP are obligated to ensure, to their best ability, that their account will not be used by any other persons other than themselves. Failure to comply with this clause may cause the Users’ data to be compromised.
4. HOW DO WE WORK?
4.1 Once registration is completed by the User or the HCP, the Service can be accessed via the RWA and through mobile devices where the RMA has been downloaded and installed.
4.2 HCP may access the Services via the RMA and the RWA, whereas non-HCP Users can
only access the Service via the RMA. Both the User and the HCP may customize the profile
by using the Configuration Panel on the respective Applications.
4.3 By registering as a User, you will allow RING to use your non-identifiable data as part of
aggregated and anonymous data sets. Specifically, the data you provide consent to RING using for these purposes are: (1) Date of Birth (2) Sex (3) Country of Residence (4) Diagnosis. Should you wish for your data to be excluded from this, kindly notify us in writing and we will exclude your data.
4.4 Non-HCP Users may enter, access, modify, correct, update, or delete their profile information. HCP users may access, modify, correct, update their contact information. Some information on the HCP profile may not be edited to prevent wrongful use of the HCP’s profile. If there are any errors on the HCP profile that need to be rectified kindly notify us in writing.
4.5 Additionally, the Applications provide Non-HCP User and HCP an intermediary service between the two in which, through the Applications, the HCP can communicate, advise, monitor,
send and receive data from the Non-HCP User.
5. MODIFICATIONS TO THE T&C
5.1 The T&C may be amended and updated from time to time. A link to the most current T&C
will be available on the home page of the RING’s website, www.ring.healthcare and we will indicate the date of the “Latest Update” at the bottom of the T&C.
5.2 You are required to visit this page periodically to review the most current T&C. Your continued use of the RMA and RWA Services following the posting of such changes constitutes your acceptance of the amended T&C.
5.3 After incorporation of the new content in the T&C and Privacy Policy, the User shall declare to have read and accepted the new content and all its content.
5.4 In case of modification, change or termination of any of the content in these T&C and Privacy Policy under sentence or judgment given by a competent court or under an award made by an arbitrator or by a court of arbitration, the other content that have not been modified, changed, or resolved remain in force and shall be valid for both parties.
6. PRECAUTIONS
6.1 RMA provides a mobile platform so that Non-HCP User can access their respective medical records through their mobile and to enable Non-HCP User to show their said medical records to their
HCP. However, it does not provide any legal, medical, or psychological advice, diagnoses, or treatment.
6.2 Therefore, you assume full risk and responsibility for your use of your own medical records stored in the RMA Services.
6.3 You acknowledge that all the information and content in the RMA Services is for informational purposes only and is not intended to replace the relationship between you and a HCP and/or HCP User.
6.4 We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions thereby we do not give medical, legal, or psychological advice, diagnoses, or treatment.
6.5 The RMA Services may provide helpful Health-Related Information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment.
6.7 Never disregard professional medical advice or delay in seeking it because of something you have read on or through the RMA Services. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the RMA Services.
6.8 You are not a patient or client of RMA. You must contact a professional for medical, legal, or psychological advice. If you think you may have a medical emergency, call your doctor or emergency phone number immediately.
7. TERMINATION
7.1 These General T&C will continue to apply until terminated by either you or RING in
accordance with the following provisions:
(i) For Non-HCP Users, you may terminate your account with RWA/RMA by deleting
your account in the RMA/RWA.
(ii) Termination of your account will result in the deletion of your data stored in
the RMA/RWA
(iii) Accounts of HCP Users may only be deactivated by the admin. Existing data will remain to ensure proper flow of transactions and function of the services.
(iv) RING reserves the right to terminate the Service offered to you at any time if:
a) You breach any of the clauses in the T&C and Privacy Policy; or
b) RING no longer provides Services to Non-HCP User and HCP within the User’s country of residence or the country in which the HCP practices their profession or the country in which the User uses the Services.
(v) The result of the termination will be to cancel the Services and cancel the account
of the User or the HCP, as appropriate, and deletion of all their personal data.
8. OWNERSHIP OF THE APPLICATION SERVICES
8.1 RING owns or has rights to all the content in the RMA and RWA, excluding User Health-
Related Information, which belongs exclusively to the User and/or HCP, as stated in Clause 2.
8.2 The contents of the RMA and RWA Services include: designs, text, graphics, images,
video, information, logos, button icons, software, audio files, computer code, and other RMA/RWA content. All RMA/RWA Content and the compilation (meaning the collection, arrangement, and assembly) of all RMA and RWA Content are the property of RING or its licensors and are protected under copyright.
8.3 For this reason, the User or HCP shall refrain from reproducing, adapting, combining or integrating into other applications, arranging or otherwise handling or transforming, and from publicly communicating or publishing the RMA and RWA Content.
8.4 According to the law in effect at the time, RING responds promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by Non-HCP User or HCP. Such claims shall, where appropriate, be notified to the appropriate authorities.
8.5 RING reserves the right to use anonymous contributions made by all Non-HCP User or HCPs in the
contact form on the Website or the review section in the app store to promote the Services offered through the RMA and/or RWA by, but not limited to, the insertion of advertisements in different media or publishing books.
8.6 RING reserves the right to remove links to any website that Non-HCP User or HCPs place in the testimonial area, or post on the Website, if they have actual knowledge that the activities in such websites, or content thereof, are illegal or violate the rights of others, or if it is required to do so under a court order, arbitration award, or administrative order.
8.7 RING reserves the right to remove at any time (in their sole and absolute discretion) any content posted by a User or HCP in the testimonial area, campaigns, or in the forum on the
RMA, RWA and/or Website, that infringes industrial or intellectual property of others, or
is contrary or may be contrary to the law, morality or public order of the User’s country or
that of the home country of RING.
9. DISCLAIMERS, LIMITATIONS AND PROHIBITIONS
9.1 You are responsible for your actions when using and relying on the RING’s Services. Therefore, You are solely responsible for Your User Health-Related Information and Personal Data stored with the Applications.
9.2 You assume all risks associated with Your User Health-Related Information, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Health-Related Information contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
9.3 You are solely responsible for the transmission of Health-related Information and personal data through our platforms. Therefore, you undertake to comply with all the security measures and obligations applicable, excluding RMA/RWA and RING of any liability regarding such data.
9.4 Non-HCP Users and HCP are strictly forbidden to publish or disseminate information, photographs and any other type of content that, in any obvious way by RING discretionary judgment, violates the law, morality, public order or good manners.
9.5 Non-HCP and HCP are strictly forbidden to publish or distribute personal information, including images or photographs and any other information belonging to anyone other than
themselves or their dependants, to anyone other than the owner of the information itself.
9.6 RING reserves the right to terminate the account of a User or a HCP and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of RING and/or the content of the Applications or its products or Services or the products or services of third parties, as well as offensive content that could incite, promote or advertise illegal activities or defamatory, pornographic character content, violent or discriminatory attitudes or promote discrimination for reasons of race or ethnicity, gender, affiliation, creed or sexual orientation.
9.7 Both User and the HCP use the Services in any of its versions under their sole, exclusive and unique responsibility.
9.8 The registered HCP guarantees that they are a HCP and has the credentials as required
of a medical professional to work as a medical professional in the country in which they
are practicing this profession. The HCP will be responsible for any directives
regarding health and treatment communicated to the registered User.
9.9 Non-HCP User and HCP hereby agree that we may change or discontinue, temporarily or permanently, any feature or component of the RMA and RWA Services at any time without further notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the RMA and RWA Services.
9.10 We are not responsible for any disputes or disagreements between you and any third party, including clinicians, with whom you interact using the RING Services. You hereby agree to assume all risk associated with dealing with third parties. You hereby also agree to resolve disputes directly with the other party without involving us. You hereby agree to release RMA/RWA and RING of all claims, demands, and damages in disputes among Non-HCP User of the RMA Services. You also agree not to involve us in any or all disputes with any third parties, HCP and other Non-HCP User. We urge you to always use caution and common sense when using the RING Services and/or interacting with any third parties and your HCP.
9.11 The RING Services may provide links or references to websites operated by third parties but where at all times, you are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. We suggest that you read the T&C and privacy policies (if any) on those third party websites. You
assume all risk and we disclaim all liability arising from your use of them.
9.12 The User and the HCP hereby agree and acknowledge that there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the RMA and RWA Services in any of their versions and in any event, the User and the HCP hereby irrevocably waive any and all claims under any circumstances or any compensation against us and RING for any damage or injury caused or suffered by the use of the RMA and RWA Services in any of their versions.
9.13 The User is solely responsible for contributing content for testimonies and forums and indemnifies and keeps indemnified RING for any and all content which the User has contributed for testimonies and forums, which causes loss or damages.
9.14 RING does not exercise any control over content provided by HCP or Non-HCP User and makes no warranties of any kind as to the truth, accuracy, legality and/or the legitimacy over any content provided by HCP or Non-HCP User.
10. PRIVACY POLICY
GENERAL INFORMATION AND CONSENT
This privacy policy applies to the RMA, RWA and the Website.
10.1 Existence of file: In compliance with the Personal Data Protection Act 2010 of Malaysia (“PDPA Malaysia”), we hereby inform the Non-HCP User and HCP that their personal
data, Health-Related Information and other information provided through the registration form and during the use of the RMA and RWA Services and during the download, installation or use of the Application shall be included and kept in a database for processing, whose responsibility is RING (regardless of the fact that they are not transferred to RMA in any case).
10.2 The User may exercise their right to access, rectify, challenge, and cancel the data through the RMA and RWA account, in writing to RING Solution Sdn Bhd via email at info@ring.healthcare or to the address at 8-02, Tower B, The Vertical Business Suite, Jalan Kerinchi, Bangsar South, 59200 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur, Malaysia.
10.3 Obligation to provide information: All data fields marked with an asterisk (*) on the registration form are
required for registration. Failure to communicate the mandatory data makes it impossible for RMA/RWA to determine if the Services offered can be used by the User and the HCP, as it is impossible for the User to use the Application as it is intended to be used.
10.4 Purpose and Consent: By voluntarily providing personal data to create a Non-HCP User, HCP User, or HCP account, and completing and submitting the registration form for the User and HCP, or to use the Services or the Application, and by clicking on the corresponding checkbox, the Non-HCP User, HCP user and/or (as relevant) the HCP give their express consent for RMA and/or RWA to process their personal data in order to manage the use of the RMA or RWA Services, or the Application’s functionality, and to receive information or news related to the RMA and RWA by any means, including electronic Emails.
10.5 Statistics Report: Please note that RING may use the data provided by the Non-HCP User and HCP through the RMA Services in order to draw general conclusions based on these data and statistical reporting to improve our Services. In preparing these reports, the data will be in an aggregate form so it will always be used anonymously and without any elements that identify the User or HCP who provide such data. Therefore no identification data such as email account, first name and last name of any User or HCP will be included in these statistical reports.
10.6 Questionnaires, Surveys and Essays: Please note that RING may send Non-HCP User and HCP electronic communications to their email, inviting them to participate, if you chose to do so voluntarily, in survey questionnaires and electronic communications as well as in clinical trials or of a nonclinical nature (“Questionnaires, Surveys and Studies”) organized by RING or third parties other than RING, such as associations or organizations of any type or in conjunction with RING with one or more third parties, in order to mine data and findings that advance research.
10.7 Participation in these Questionnaires, Surveys and Tests will be entirely voluntary and optional. In case you choose to participate in Questionnaires, Surveys and Tests, your participation is subject to the General Terms and Privacy Policy governing such Questionnaires, Surveys and Tests. By clicking on the corresponding checkbox you state and expressly agree to receive communications inviting you to participate in online surveys and questionnaires, as well as trials of a clinical or non-clinical nature. However, you are free to participate or not participate, and you do not have to nor will you be under any obligation to participate in those proposals or invitations contained within such communications.
10.8 Please note that RMA/RWA merely acts as intermediary between the Non-HCP Users and HCP. As the RMA/RWA merely acts as an intermediary between the parties, RING does not store the health records. Non-HCP and HCP Users are responsible to keep their own health records and not rely on the RMA/RWA as a depository of their health records.
11. WHAT PERSONAL INFORMATION WE COLLECT?
11.1 “Personal Information” for the purposes of this policy means information that identifies you, such as your name, address, phone number, fax number and/or email address.
11.2 We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
11.3 We collect Personal Information when you: register for an account on the RMA and/or
RWA, communicate with us through customer support and communicate with us by sending a feature request.
12. INFORMATION YOU ELECT TO SHARE WITH OTHERS
12.1 Through the RMA and RWA Services, you can collect and store Health-Related
Information, which you can then share with others if you chose to do so.
12.3 You should be aware that such information is not encrypted when stored on your mobile device, and can be read by others if you do not take the proper security safeguards.
12.4 When a Non-HCP User shares their data with a HCP User and/or HCP, the Non-HCP User expressly agrees that the HCP User and HCP will have access to the data provided. In addition, the non-HCP User acknowledges that data shared to the HCP User and/or HCP cannot be retracted and/or deleted unless by the HCP User and/or HCP themselves. The non-HCP User hereby expressly authorizes RMA and RWA to transfer the Non-HCP User’s personal data to communicate with their selected HCP User and/or HCP through the RMA.
12.5 The HCP User and/or HCP undertakes to not disclose the Non-HCP Users’ data to any third parties without the express prior consent of the User. The HCP User and/or HCP shall be liable for any unauthorized sharing of Users’ data and shall be responsible for any consequences arising from such unauthorized sharing.
12.6 The HCP User and/or HCP may only receive the User’s data when a User has chosen to share the specified data to the HCP User and/or HCP, in order to be able to follow up and monitor the User, and give the advice they consider most appropriate for the period that the User decides.
12.7 At any time, the User and the HCP may terminate their relationship through the RMA and/or RWA by using one of the options that is available to both in their configuration panels. From the moment that the HCP or the User decide to end their relationship through the RMA and/or RWA, the person that the User designated as their HCP will immediately cease to access the data p8rovided by the User to RMA.
13. CHILDREN AND PERSON UNDER THE AGE OF MAJORITY
13.1 If we discover that a child under the age of 18 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.
14. UPDATES TO THIS POLICY
14.1 We may update this Policy periodically. The date last revised appears at the bottom of the Policy. Users hereby agree that changes take effect immediately upon posting and shall be binding on the User, without the need for RING or RMA to inform User of such changes and you are advised read this T&C periodically to ensure that you are updated on any changes made herein.
15. DATA SECURITY
15.1 The Company has applied all the measures required for the “Sensitive Personal Data” by the PDPA Malaysia in order to grant the protection of the data and information of the Non-HCP User and HCP User.
15.2 RING ensures, to the best of its ability, absolute confidentiality and privacy of our Non-HCP Users’ and HCP Users’ personal data, and has therefore adopted essential security measures to prevent alteration, loss, treatment or unauthorized access to guarantee its integrity and safety.
15.3 However, RMA and RWA shall not in any manner or way be liable for any incidents that may arise with respect to personal data that derive either from an attack or unauthorized access to systems that is impossible to detect by the security measures implemented.
15.4 All of your Health-Related Information recorded by the means of the Services is encrypted and stored in RING’s server and is in no way accessible by us. The information will be auto-downloaded onto your mobile device – you may change this feature via Settings. All of your Health-Related Information recorded by the means of the Services which are not downloaded will be deleted from the server after 3 days. You will be notified prior to the deletion of any files.
15.5 Once the data has been downloaded, the information will be stored in your mobile device and under your full responsibility. Once the data has been downloaded and stored in your mobile device, we exercise no control over how your information is stored, maintained, or displayed by third parties that you have shared your Health-Related Information with. Therefore, RING will be held liable for any loss and/or damages arising from the wrongful use of your information once the information has been downloaded and is out of RING’s control.
16. COOKIES
16.1 Our RWA uses automatic data collection systems, not directly provided by the User and the HCP, such as cookies. Cookies are files that are installed on the hard drive of the User’s and the HCP computers, or in the memory on the default browser pre-configured in the computer’s operating system, to identify said User or HCP. While it does not contain intelligible information, it associates the User and HCP’s identity with personal data that they leave on the Website.
16.2 Cookies are generated and stored on the RING client browsers or APKs in order to optimize the Services of the RING regarding the specific requirements and preferences of Non-HCP User and HCPs expressed through their browsers.
16.3 On accessing the RMA and/or RWA, the User and the HCP are giving their consent to install the aforementioned cookies on their hard disk. If the User or HCP does not want to install a cookie on their hard drive, they must configure their Internet browser software in order to disable them.
17. GENERAL PROVISIONS
17.1 Governing Law, Disputes and Jurisdiction
These User T&C are subject to the laws of Malaysia. Any dispute, claim or controversy arising out of or relating to these User T&C or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of RING as RING may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Malaysian Arbitration Act 2005 (“Act”) or any other law amending or replacing this Act. The reference shall be made to a sole arbitrator appointed by RING. The place of the arbitration shall be Kuala Lumpur, Malaysia, unless otherwise mutually agreed by RING and You in writing. The arbitration proceeding shall be conducted in English and the decision of the arbitrator shall be binding upon the Parties. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Malaysia.
17.2 Force Majeure
We shall not be liable for any failure to perform any obligations under this User T&C, if the performance is prevented, hindered or delayed by a Force Majeure. Force Majeure means any cause whatsoever outside a parties reasonable control, including strikes (other than in respect of the personnel of the affected party), riots, acts of war, epidemics, pandemics, fire, earthquakes, floods or other natural disasters, act of any military, civil or regulatory authority (“Force Majeure Event”) and in such case our obligations under this User T&C shall be suspended for so long as the Force Majeure Event continues.
17.3 Indemnification
By accepting these User T&C and by using the Services, You agree that You shall defend, indemnify and hold RING, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, Practitioners, third party service providers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these T&C or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party; or (c) Your use or misuse of the Application or Service.
17.4 Limitation of Liability
(i) The information, recommendations and/or Services provided to You on or through the RWA and RWA are for general information purposes only and does not constitute advice. RING will reasonably keep the RMA and RWA and its contents correct and up to date but does not guarantee that (the contents of) the RMA and RWA is free of errors, defects, malware and viruses or that the RMA and RWA is correct and accurate.
(ii) RING shall not be liable for any damages resulting from the use of or inability to use the RMA and RWA Services, including damages caused by usage of an outdated or old version of the RMA and RWA Services, wrong usage of the Services, network issues, malware, viruses or any incorrectness or incompleteness of the Information on the RMA or RWA.
(iii) In no event shall RING be liable for:
(a) provision of or failure to provide all or any service by HCP or listed third parties to a Non-HCP User contacted or managed through the RMA and/or RWA;
(b) any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the RMA and/or RWA;
(c) any unauthorized access to or alteration of your transmissions or data; or
(d) any other matter relating to the RMA and/or RWA or the Service.
(iv) If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of RING shall be the minimum permitted under Applicable Law.
(v) Under no circumstances, including but not limited to negligence, shall RING, its employees and directors, its suppliers and its third party advisors be liable to You for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of the RMA and/or RWA Services, with the delay or inability to use the RMA and/or RWA Services or any links or items on the RMA and/or RWA Services , the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this RMA and/or RWA Services, or otherwise arising out of the use of this RMA and/or RWA Services, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this RMA and/or RWA Services or obtained or messages received or transactions entered into through or from the RMA and/or RWA or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
(vi) You hereby agree that we shall not be liable for any damages arising from interruption, suspension or termination of the RMA and/or RWA, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.
17.5 Intellectual Property Ownership
(i) For the avoidance of any doubt and notwithstanding any of the contrary, RING alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Site, Application or the Service. Third party trademarks may appear on the RMA and RWA and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
(ii) For the avoidance of any doubts, these User T&C do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by RING. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the RMA & RWA.
17.6 Invalidity of One or More Provisions
(i) The invalidity of any term of these T&C shall not affect the validity of the other provisions of these T&C. If and to the extent that any provision of these T&C is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these T&C.
(ii) CONFLICT- In the event of any contradiction or inconsistency between this T&C and any other agreement executed between You and RING, the terms of the User T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User T&C.
17.6 No Warranty
Although all efforts are made to ensure that information and content provided as part of the RMA and RWA are correct at the time of inclusion on the RMA and RWA, however, there is no guarantee to the accuracy of the Information. We do not make representations or warranties as to the fairness, completeness or accuracy of Information on the RMA and RWA. There is no commitment to update or correct any information that appears on the Internet or on the RMA and RWA. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of the RMA and RWA or the information is at your own risk.
17.7 No Liability
The Services provided by RING or any of its licensors or service providers/partners are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). RING does not provide or make any representation, warranty or guarantee, express or implied about the RMA and RWA or the Services. RING does not guarantee the accuracy or completeness of any content or information provided by HCP or Non-HCP Users on the RMA and RWA. To the fullest extent permitted by law, RING disclaims all liability arising out of Your use or reliance upon the RMA and RWA, the Services, representations and warranties made by HCP or non HCP or any content or information provided by the HCP or non-HCP users on the RMA and RWA.
17.8 Authority to Act
The User/You hereby authorizes RING to carry out his/her instructions, affecting such transactions as may be permitted by RING from time to time, in accordance with these T&C and such other terms as may be specified by.
17.9 Evidence of Transactions
For any transaction which may be permitted by RING from time to time, RING’s own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of The Transaction as generated from the systems of RING shall be conclusive proof of the genuineness and accuracy of such transactions.
17.10 Restrictions on Use
(i) Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in the RMA and RWA for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of RING is strictly prohibited. Any violation of this provision would be strictly dealt with.
(ii) You may download material displayed on the RMA and RWA for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
(iii) You acknowledge and affirms that You shall not:-
(a) Engage in fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use;
(b) Use the RMA and/or RWA to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
(iii) Although RING may, from time to time, monitor or review any facilities, if established or otherwise offered at the RMA and RWA for discussions, chats, postings, transmissions, bulletin boards, campaigns, and the like on the RMA and RWA, RING is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the RMA and RWA. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. RING will fully cooperate with any law enforcement authorities or court order requesting or directing RING to disclose the identity of anyone posting any such information or materials.
17.11 Notices
Notices under these T&C may be given by RING to You/User in writing by delivering them to the last address given by the User, or to the email address registered by the user
upon registration. The User may give notice to RING by delivering them to the address mentioned on the Website. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the RMA and RWA. RING shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.
17.12 Exclusive Agreement
You agree that these T&C are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and RING relating to the subject matter of these T&C. These T&C, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the RMA and RWA and/or RING.
17.13 Assignment
You shall not assign Your rights under these T&C without prior written approval of RING. RING can assign its rights under the T&C to any affiliate.
17.14 No Waiver
RING or any of its third party service providers etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of RING or service providers, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
17.15 Time
Time wherever mentioned shall be of the essence.
17.16 Languages
In the event of any conflict or discrepancy between any translated version of this T&C and the English language version, the English language version shall prevail.
18. CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS
18.1 If you have questions, comments, concerns or feedback regarding this Policy or any other privacy or security concern, send an e-mail to info@ring.healthcare.
Date of last revision of the General Conditions of Use and Privacy Policy: 1st January 2023 .