This page (together with the documents referred to on it) tells you the terms and conditions (Terms & Conditions) on which we supply any of the products (“Products”) listed on our website www.retailpharmacy.mahkotamedical.com (“the Site”).  The following terms and conditions (including our Privacy Policy) (collectively, the “Terms of Service”) constitutes a legal agreement between you and Mahkota Medical Centre Sdn. Bhd. (Company No.:199001009048(200619-H)) (“MMC”). Products listed on the Site may be supplied directly by MMC. Please read these Terms & Conditions carefully before ordering any Products from the Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms & Conditions which may be varied from time to time without further notification. You can print a copy of these Terms & Conditions.

The contents of this website should not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written approval of the MMC Pharmacy.

Modification of any of the contents or use of the contents for any other purpose will be a violation of MMC’s copyright and other intellectual property rights. Graphics and images on this web site are protected by copyright and may not be reproduced or appropriated in any manner without written approval of MMC. For enquiries, please contact MMC Pharmacy at 06-283 6185.

Information about us

The Site is operated by Mahkota Medical Centre Sdn. Bhd. and/or our affiliates (“we” / “us”).

Definition

Whenever used in this Terms of Service unless the context shall otherwise require, the following expressions shall have the following meanings:

“Personal Data” has the meaning ascribed to it in the Malaysian Personal Data Protection Act 2010;

“Privacy Policy” means the policy on the privacy and protection of Personal Data adopted by MMC as made available at Privacy Policy, as may be supplemented, amended or varied from time to time;

In this Terms of Service, unless otherwise stated, (i) words in the singular shall include the plural, and vice versa; (ii) clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement; (iii) the words “include” and “including” shall not be construed as having any limiting effect; and (iv) any reference to any statute or legislation shall be deemed to be a reference to such statute or legislation as amended from time to time and be deemed to include any subsidiary legislation made thereunder.

Data Protection

If you provide any personal data to MMC via the Site during the registration process or otherwise, you consent to our collection, use, processing, and disclosure of your personal data in accordance with our Privacy Policy.

User’s Obligations

You hereby represent and warrant that:

• You have read and agreed to these Terms of Service, including our Privacy Policy and Consent Policy;

• You are at least 18 years old and have the necessary legal capacity, right, power, and authority to agree to these Terms of Service. If you are contracting as parent/guardian of a child who is less than 18 years old and who is accompanied by you at all times while accessing and/or using the Site, you agree to be bound by these Terms of Service and to be liable for your child’s acts and omissions while accessing and/or using the Site;

• All of the information provided by you to MMC (including, without limitation, personal particulars, contact information) is current, accurate, and complete. You agree that we are entitled to rely and act, and continue to rely and act, on the information you provide to MMC without verifying such information. You undertake to promptly update and inform MMC of any change in such information; and

• You have consulted your own professional advisers as to the relevant legal and data control regulations in force in the countries of your citizenship, residence or domicile.

Your access and use of the Site shall be strictly limited to yourself. If you elect to create an account on the Site:

• You may create only one account for your personal use;

• You shall be solely responsible to safeguard your password and supervise the use of your account. We shall be entitled to terminate or suspend your account, without any liability to you, if we are notified or suspect that your account has been stolen, lost, damaged, or unauthorised use, provided always that you shall remain responsible for any actions taken through the use of your account before they are so terminated or suspended;

• You shall be solely responsible for, and be bound by, all acts or omissions of any person using the Site through your account. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any details submitted by any person accessing or using the Site through your account;

• You agree that MMC may through the Site send you automatically via email, mobile telephone or other contact information provided by you in your account, any content including but not limited to the details relevant to your purchase.

• You agree to pay all fees or charges to your account when it is due and payable in accordance with the invoice issued by MMC; and

• In order to facilitate payment for your purchase via the Site, you hereby consent to the disclosure by MMC of your debit or credit card information and associated payment information to its designated payment processor. This information will be shared solely for the purpose of collecting the fees and charges.

You agree and undertake:

• to comply with this Terms of Service, and such other notices or guidelines (which are hereby incorporated by reference into this Terms of Service) that may be posted on the Site by MMC from time to time;

• not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade, or exploit for any commercial or other purposes, any portion of, or any access to the Site;

• not to use the Site for any unlawful purpose, and to comply with all applicable laws and regulations, including copyright law; and

• not to hack into, interfere with, distribute Viruses or other harmful computer code, or disrupt the Site or Servers.

You must check all items dispensed to you and should not take any Products that appears to have been tampered with or appear to be damaged. Failure to abide by this warning could seriously damage your health.

Rights of MMC

We may monitor all your access to and use of the Site so as to detect any improper or unlawful activity. You shall comply with our requests for information and other material requested by MMC.

MMC reserves the right to terminate your access and/or use to all or any part of the Site of the following events occurs:

• you have breached the terms of this Terms of Service and is incapable to rectify;

• MMC believes that you have been using any of the Site, for unlawful activity, or in a manner that may cause MMC to breach applicable laws, have legal liability or disrupt others’ use of the Site;

• MMC becomes aware or suspect that your account has been stolen, lost, damaged, or unauthorised use;

• MMC is required to do so by applicable laws or pursuant to a request by any government or regulatory body; and

• a force majeure event as stated herein.

We shall not be held liable for any failure or delay in the performance of any other obligations under this Terms of Service arising from or attributable to any of the circumstances giving rise to a right to terminate as mentioned above.

Disclaimer

All information provided through the Site is intended to be for general information purposes and/or for your convenience only. We do not make any representations with regards to the accuracy, appropriateness and safety of any of the Products on the Site. Any and all representations made on the Site are of general nature. You acknowledge that the effect of a particular pharmaceutical product may vary among individuals and there is a possibility that you are allergic to certain ingredient in the Products.

You shall not take product description as medical advice. You acknowledge and agree that you are solely and fully responsible to seek the necessary medical consultation and/or advice from the appropriate professional personnel regarding the accurateness, appropriateness and safety of all Products intended to be ordered by you via the Site and that you do not rely on any form of representation by us.

To the fullest extend permissible by applicable law, MMC disclaims all warranties, express or implied, including implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description of any Products available on the Site, and the warranty of non-infringement of the Site.

Without limiting the foregoing, MMC does not warrant that the functions contained in or access to the Site will be timely, uninterrupted, error-free, without omission, defects will be corrected, free of Viruses, or that the download, installation, or use of any Site will not affect the functionality or performance of the computer. You agree not to hold MMC responsible or liable for any cost of all necessary servicing, repair, or correction, including any defect, problem, and damage in any computer.

Third Party Sites

The Site may contain links to other websites, users and advertisers which are not maintained by MMC (“Third Party Sites”) and other websites may contain links to the Site. You acknowledge and agree that MMC has no control over the Third Party Sites and is not responsible for any contents of the Third Party Sites and shall not be liable for any damages or injury arising from the contents of the Third Party Sites. Any links to the Third Party Sites are provided as a convenience to you as a user of the Site, but it does not imply MMC’s endorsement of the Third Party Sites or association with Third Party Sites’ operators. MMC disclaims all responsibility and liability for any damage or losses (direct or indirect, including any virus, spyware, malware contained in the Third Party Sites) caused or alleged to be caused by as a result of the use or reliance on any content of Third Party Sites, which are accessed and used at your own risks.

You further agree that MMC shall not be responsible for any loss, damage, expense, or liability incurred by you arising from your use, acceptance or reliance on any of the content, statement, offer, information, opinion, and material, from the Third Party Sites, where available on or accessible via the Site.

Transfer of Information

Any information that you provide to MMC in connection with your use of the Site, purchase of products will be transferred to MMC’s related companies or subsidiaries or authorised representatives in accordance with MMC’s Privacy Policy and the applicable law. By accessing and using the Site, you consent to this transfer of information.