Hero Sihat Microsite Terms of Use

Hero Sihat Microsite Terms of Use

This Portal (including any and all websites, WhatsApp services, features, other applications and related services) (the “Portal”) is provided by FWD Takaful Berhad (Registration No. 731530-M) (“FWD”) in collaboration with Walnut Wellness, a wellness technology services offered by LeadinHealth Sdn Bhd (Registration No.: 1166253-P) (“WW”). Both FWD and WW are referred to as “we”, “us”, “our or “Parties”.

We provide services relating to wellness learning and consultation services on the Portal and/or such other services as we may introduce from time to time (the “Services”). Our Services are subject to the terms and conditions.

The portal does not intend to replace the relationship between doctors and patients. If you have any emergency, you are advised to visit your doctors and healthcare professionals immediately.

Please read and understand these Terms of Use as they apply to your access and use of the Portal whether as a guest, a registered user, and to any information, documents, text, graphics, photos and/or other materials uploaded, downloaded or appearing on the Portal.

YOUR ACCESS TO AND USE OF THE PORTAL SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT REGISTER FOR, ACCESS OR USE THE PORTAL. [If you have any questions on these Terms of Use, please contact enquiry@leadinhealth.com].

  1. USE OF THE PORTAL

1.1.      The Portal is provided to you for your access and use subject to these Terms of Use. By accessing and using the Portal and the services herein, you agree to be bound by these Terms of Use. You are also responsible for ensuring that all persons who access or use the Portal on your behalf or as authorised by yourself are aware of these Terms of Use, and that they are required to comply with them.

1.2.      We reserve the right at all times (but not an obligation) to remove or refuse to distribute any content on the Portal, to suspend or terminate you and/or your registered account on the Portal (your “Account”), and to reclaim your Account without any liability to us. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request;
  • enforce these Terms of Use, including investigation of potential violations hereof;
  • detect, prevent, or otherwise address fraud, illegal activities, security or technical issues;
  • respond to user support requests; or
  • protect the rights, property or safety of the Parties, other users of the Portal and the public.

1.3.      All products and services provided within this Portal are subject to the terms and conditions of the applicable agreements governing their respective use. These Terms of Use must be read together with the applicable terms and conditions governing any transaction(s), product(s) and/or service(s) provided by the Parties and undertaken by you in this Portal. In the event of any conflict between these Terms of Use and the terms and conditions governing the relevant transaction(s), product(s) and/or service(s), the latter will prevail.

1.4.      We do not guarantee that the Portal will be compatible with all hardware and software which you may use. We shall not be liable for any damage to, viruses or other codes that may affect, any computer or communication devices, software, data or other property as a result of your access to or use of the Portal.

1.5.      Some services provided through this Portal may rely upon location information. To provide these services, the Parties, its affiliates, its appointed third party service providers and partners may transmit, collect, maintain process and use your location data, including the real-time geographic location of your device. By using this Portal, you agree and consent to the Parties appointed service providers’ and partners’ transmission, collection, maintenance, processing and use of your location data to provide you with the requested services. The location data is collected in a form that personally identifies you and/or your devices.

  1. REGISTRATION & DISCLOSURE OF INFORMATION

2.1.      You must be over eighteen (18) years of age to register, access or use the Portal.

2.2.      The types of personal information WW collects includes (amongst other things) your name, contact details and wellness information. WW processes such personal information about you in accordance with our privacy policy accessible in this document. By using the Services, you consent to such processing and warrant that all information submitted to WW, whether verbally to us or otherwise, is true, accurate, complete and is not misleading by omission or otherwise. In the event of any change to the information provided to WW, you must inform WW immediately of such change in order for WW to communicate with you effectively.

2.3.      Unless otherwise indicated, any of your wellness-related personal information that you provide, or we keep as part of the Services will not be provided to the underwriting or claims department of FWD and therefore will not be used in the making of any future underwriting or claims decisions. Under no circumstances shall FWD be deemed to have knowledge of any of the Services-related information in respect of its underwriting and claims functions. In accordance with your duty of disclosure, you are still therefore obliged to disclose any of this information to the extent it may be relevant in the event of any future application for family takaful cover, changes to existing family takaful cover or claims under a family takaful certificate with FWD.

  1. SECURITY

3.1.      You agree not to misuse or abuse the Services, or to hack or otherwise attempt to gain unauthorized access to the Portal and the Services within the Portal and/or disrupt the security or its resources. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately.

3.2.      We shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any unauthorised access to the Portal by any third party, save and except where such unauthorised access was due to any wilful default, negligence, or omission attributed to us.

  1. INTELLECTUAL PROPERTY RIGHTS

4.1.      Unless otherwise indicated, the trademarks and copyright in this Portal and its contents, including but not limited to, any content published via the Portal such as through chat, opinions, assessment, comments, replies, photos, etc, that the user publishes, or any other text, images, graphics, sound files, animation files, video files, programmes, and their arrangement belong to the Parties respectively or the respective third party proprietor as identified in the Portal and are protected by applicable Malaysian and international copyright laws.

4.2.      Content, materials and information made available via the Portal may include those from publicly available source and are believed to be in the public domain unless otherwise stated, or from licensed royalty-free stock photos and videos subscribed with and paid to media library sites.

4.3.      The content of the Portal may be retrieved for the purpose of display on a computer screen or communication device screen (or equivalent thereof), for storage of such content in electronic form, download or print copies of such content, for your personal and non-commercial use or to provide such content to third parties for their personal or non-commercial use, provided all and any copyright and proprietary notices are kept intact.

4.4.      You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Portal without written permission from the Parties.

4.5.      In respect of any content posted or published within the Portal, the Parties shall own the rights to such content or, in the absence of such ownership rights, is granted worldwide, royalty-free, non-exclusive right and license to publish, distribute, reproduce, modify and/or sell any such content (provided such content has been de-identified), without any compensation to the user or provider.

4.6.      If you believe in good faith that any of the content, materials and information on the Portal infringes your copyright, you may send us a notice requesting that we remove the infringing content, material, or information.

  1. THIRD PARTY CONTENTS AND LINKS

5.1.      From time to time this Portal may also include links to other websites and services for your convenience and to provide further information. The Parties are not responsible for the accuracy or availability of any content and services on any third-party website or links that are outside of the Portal.

5.2.      Unless expressly otherwise stated, links to third party websites and services do not constitute an endorsement by the Parties of such websites or services, or the information, products, advertising or other materials made available by such third parties.

5.3.      The Parties shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products or services available on or through such linked websites.

5.4.      You may not create a link to this Portal from another website or service without the Parties’ prior written permission, and the Parties reserves the right to request from you, and you agree to promptly comply with the request, for the removal of any such link to this Portal.

5.5.      You may not create any advertising or links to advertising from another website or service within this Portal without the Parties’ prior written permission, and the Parties’ reserves the right to request from you, and you agree to promptly comply with the request, for the editing or removal of any such advertising content or advertising link in this Portal.

 

  1. DISCLAIMER OF WARRANTIES

6.1.      While we endeavour to ensure that all information including those on products and services offered on the Portal are fair and accurate, we do not guarantee or provide any warranty as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Portal for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

6.2.      Your use of any information or materials on this Portal is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Portal meet your specific requirements.

 

  1. LIABILITY AND INDEMNITY

7.1.      You hereby irrevocably agree to fully indemnify, keep indemnified, defend and hold the Parties (including our officers, directors, employees, contractors, and any other representatives) harmless against all damages, losses, liabilities, claims, expenses and costs, including any legal costs and disbursements that may be incurred by the Parties, whether directly or indirectly, in connection with or arising from:

  • your use or misuse of the Portal and the services provided herein;
  • as a result of your breach of any of the Terms of Use howsoever occasioned; 
  • any misrepresentation made or false information provided by you during your use of the Portal; or
  • any intellectual property right or proprietary right infringement, breach of confidentiality or personal data infringement claim made by a third party against the Parties in connection with your use of this Portal.

7.2.      The Parties shall not be liable to you or any other persons for any damage or loss suffered howsoever arising whether in contract tort, negligence, strict liability or any other basis, including without limitation to all direct, indirect, special, punitive or consequential damages, economic loss, loss of profits or savings, or loss of opportunity arising from any interruption or unavailability of this Portal, the services herein and/or the content herein and/or your access or use of this Portal (or any third party link to or from this Portal), and to the fullest extent permitted by law, reliance on the information contained in the Portal.

  1. ELECTRONIC COMMUNICATION

8.1.      You consent to receiving communications from us electronically and you agree to the Parties’ use of electronic communications to enter into agreements and communicate with you in accordance with the Electronic Commerce Act 2006.

  1. DISPUTE RESOLUTION AND APPLICABLE LAW

9.1.      These Terms of Use shall be governed by and interpreted in accordance with the laws of Malaysia, and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia.

9.2.      You may channel any issues or complaints with regards to your access and use of the Portal at enquiry@leadinhealth.com.

9.3.      The Parties’ performance of its obligations under these Terms of Use are subject to existing legislation, laws and regulations governing the same and nothing contained in these Terms of Use shall limit our rights to comply and conform to any governmental requests or legal requirements relating to the access to the Portal and services provided therein or in respect of the content provided to the Parties for your use.

  1. TERMINATION

10.1.    We reserve the right to terminate and/or suspend your access to the Portal and/or your Account at any time, for any reason. In particular, and without limitation, we may terminate and/or suspend your Account should you violate any of these Terms of Use, or violate the rights of the Parties, other users of the Portal, or third parties.

  1. AMENDMENTS

11.1.    We reserve the right and discretion to make amendments or update these Terms of Use, information, material, functions and content provided within this Portal from time to time with or without prior notice.

11.2.    Any changes will be notified to you via the contact information provided by you on registration or via an announcement on the Portal. The changes will apply to the use of the Portal after we have given you the notice.

11.3.    If you do not wish to accept the new Terms of Use, you should not continue to use the Portal. If you continue to use the Portal after the date on which the change comes into effect, your use of the Portal indicates your consent to be bound by the new Terms of Use.

  1. MISCELLANEOUS

12.1.    You may not transfer any of your rights or obligations under these Terms of Use to any other person. We may transfer our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected or where otherwise permitted by law.

12.2.    If you breach these Terms of Use, no failure or delay by the Parties to exercise any right or remedy provided under these Terms of Use shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

 

Last update: [9.10.2019]