1. Introduction and Application

This agreement (Platform Agreement) constitutes a legal agreement between you and Encore Med Sdn. Bhd. (Company No: 1198745-V) of Unit 3A-07, Manara MBMR, No 1, Jalan Syed Putra, 58000 Kuala Lumpur, Malaysia (i.e. us).

By accessing or using our Platform, you are taken to have agreed to the terms and conditions under this Platform Agreement. If you do not agree to these terms, you should not register for or use our Platform.

2. Definitions

2.1 In this Platform Agreement, where the context so admits, the words and expressions used in this Platform Agreement shall have the following meaning:

2.2 The words "we", "us", "our" or any of their derivatives refer to Encore Med Sdn. Bhd. and its successors and any novatee, assignee, transferee or purchaser of Encore Med Sdn. Bhd.'s rights and/or obligations hereunder.

2.3 The words "you", "your", "yours" or any of their derivatives refer to the person using or accessing our Platform and shall include, as the context may require, personal representatives (as the case may be).

3. General Terms and Conditions

3.1 The General Terms and Conditions are found in Schedule 1 of this Agreement.

4. Your Duties and Responsibilities

4.1 Eligibility. You warrant and represent to us, and shall be deemed to warrant and represent to us that you are above 18 years old and a citizen of Malaysian.

4.2 Information required. Upon request, you shall provide a valid phone number, a password, and verification code (that our System will send to you upon request), which are necessary for you to gain access to restricted areas of the Platform. You agree that:

1. we are entitled to rely and act, and continue to rely and act, on the information you provide to us without verifying such information, and without any further inquiry or investigation;
2. you are, at all times, responsible and liable for the accuracy, correctness, and completeness of the information;
3. you will promptly update and inform us of any change in such information; and
4. you shall be solely responsible for ensuring that the Services we provided is suitable and appropriate for you.

4.3 Provision of information by you.  We may require additional information, confirmation or declaration from you when you make Appointment through Platform, and you shall provide such information, confirmation or declaration promptly. You represent and warrant that each information, confirmation or declaration you provide to us is accurate, true and complete, and not misleading in any material particular.

4.4 Security measures. Your access and use of the Platform shall be strictly limited to yourself. You agree that:

1. we may determine the appropriate Access Methods, which may involve a combination of one or more access controls;
2. you shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of the Platform, including but not limited to the security and confidentiality of your Access Methods (such as your password). We shall be entitled to terminate or suspend your Access Methods if we are notified or suspect that your Access Methods have been stolen, lost, damaged, compromised or there has been unauthorised use of them, provided always that you shall remain responsible for any actions taken through the use of your Access Methods before they are so terminated or suspended; and
3. 3.you shall be solely responsible for, and be bound by, all acts or omissions of any person using the Platform through your Access Methods. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any Appointment details submitted by any person accessing or using the Platform through your Access Methods or through alternative methods.

4.5 Compliance with applicable laws. You shall access and use the Platform in compliance with all applicable laws. Without limiting the generality of the foregoing, your use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.

4.6 Suspected breach of security. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your Access Methods.

4.7 Keeping the integrity of the Platform. You shall not introduce into the Platform any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.

4.8 You Duties. Any data, information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.

4.9 Confidentiality of other information. You must keep confidential, all information about the Platform, our System and any information, data, materials or documents provided to you.

5. Our Rights

5.1 Monitoring of access and use. We may monitor all your access to and use of Platform so as to detect any improper activity relating thereto. You shall comply in a timely manner with our requests for information and other material requested by us.

5.2 Right of termination. We reserve the right to restrict, temporarily or permanently, the operation of the Platform at any time and with immediate effect, if any of the following events occur:

1. you have breached the terms of this Platform Agreement;
2. you are using the Platform in a manner that may cause us to breach applicable laws, have legal liability or disrupt others’ use of the Platform;
3. we become aware or suspect that your Access Methods are stolen, lost, damaged or compromised;
4. we become aware or suspect that the person logged into using your Access Methods is not you,
5. you create multiple account;
6. you create Accounts by automated means or under false or fraudulent pretenses;
7. we are required to do so by applicable laws or pursuant to a request by any government or regulatory body;
8. scheduled downtime or recurring downtime;
9. a Force Majeure Event;
10. you publish, post, transfer, distribute or upload any content or information to the Platform which is false, misleading or inaccurate, contains rude and inappropriate language or which creates the impression that any content is sponsored or endorsed by us;
11. you modify, adapt or reverse engineer the Platform or any part thereof;
12. you transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform; or
13. any representation or warranty made by you under this Agreement or through the Platform or for the Services is incomplete, untrue, incorrect or misleading in any material respect;

5.3 For the avoidance of doubt, we shall not be in breach of this Platform Agreement, nor liable for any failure or delay in the performance of any other obligations under this Platform Agreement arising from or attributable to any of the circumstances giving rise to a right to restrict (temporarily or permanently) under Section 5.2 of this Platform Agreement.

5.4 Effect of termination. On termination of the Account or any Services or the agreement or relationship between you and us:

1. 1.you will stop using any Services; and
2. 2.you shall, upon our request (acting reasonably), return, destroy or delete any information or documents received from us, including any copies thereof.

1. Representations

1.1 You represent and warrant that:

1. you are an individual of age 18 and above and a citizen of Malaysia;


2. all information and documents provided to us (including information provided prior to you opening an Account with us), are true, correct and complete and not misleading in any material way;


3. you have the capacity, power and authority to enter into, exercise your rights and perform and comply with your obligations under this Agreement;


4. all actions, conditions and things required to be taken, fulfilled and done, in order: (i) to enable you to lawfully enter into, exercise your rights and perform and comply with your obligations under this Agreement, and (ii) to ensure that those obligations are valid, legally binding and enforceable, have been taken, fulfilled and done;


5. your obligations under this Agreement are valid, binding and enforceable;


6. your use of our Services complies with all law applicable to you; and


7. you will inform yourself and, if necessary, consult your own professional advisers as to the relevant legal and data control regulations in force in the countries of your citizenship, residence or domicile.

2. Acknowledgements

2.1 You have read Important Notice and Disclaimer and are fully aware that we are a technology platform connecting you and hospital or clinic.

2.2 You acknowledge that we have no control over the availability of doctor at any particular time and agree that your Appointment made through the Platform is subject to doctor’s acceptance and (to the fullest extent permitted by applicable laws) we gave no warranty as to its timeliness, reliability and merchantability, fitness for a particular purpose.

2.3 You acknowledge that we have an interest with hospital or clinic and you agree that you are solely responsible for making your own independent judgement and appraisal of all offer and promotions and your own independent verification of any information, opinion, and feedback provided by others on the Platform. You agree that you will only accept these information, opinion, and feedback on the basis of your own independent review and determination that the promotion or offer are suitable and appropriate for you, taking into account your specific needs.

2.4 You understand that all diagnoses, treatments, and procedures will be provided and performed exclusively by or under the supervision of hospital or clinic, in their sole discretion, as they deem appropriate and therefore no representation or warranty, express or implied is made by us as to the accuracy, completeness or suitability of such diagnoses, treatments, or procedures.

2.5 You acknowledge that we have an interest in the Appointment made by you through the Platform and or may otherwise benefit from your Appointment.

2.6 You have read Privacy Policy and are agree with the data practices described therein.

3. Electronic Records

3.1 Our records (including computer and microfilm stored records or any other electronic records stored by us) of all matters relating to you, any Appointment on your Accounts, the Accounts and/or any Services provided to you is conclusive evidence of such matters and is binding against you for all purposes, save for manifest or clerical error, subject to our right to rectify any error or omission therein and our right to adduce other evidence. You hereby agree not to at any time dispute the authenticity or accuracy of any computer output relied upon by us for any purpose whatsoever.

3.2 You acknowledge and agree that we shall be entitled to destroy or dispose of all registers and other records and documents relating to the Account, Services or Appointment at any time after the expiration of any period of retention required by applicable law. We shall not be liable in any way for such destruction or disposal.

4. Intellectual Property Rights

4.1 The names, images, interface, logos and slogan or any other trademarks (Marks) identifying us and our services are subject to our copyright, design rights and trade marks, and all rights to the Marks are expressly reserved by us. Nothing contained in this Platform Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any of our trademark, patent, design right or copyright, without our prior written consent. You shall not use our Marks in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.

4.2 We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors, own and retain all rights, titles and interests in and to: (a) the Platform; and (b) all hardware, software, and other items used to provide the services to you; (c) all materials, including without limitation, the information, databases, data in the Platform which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. You shall also not decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the Platform except under the specific circumstances expressly permitted by us in writing.

4.3 By submitting, posting or displaying content on or through the Platform, you grant to us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt and publish such content on the Platform for the purpose of displaying, distributing and promoting the Platform or any other services we may provide to you. You further grant to us an irrevocable non-exclusive licence to use such content submitted, posted or displayed, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing and/or marketing of any of our services. We reserve the right to retain an archival record of all such content including those deleted or removed by you.

4.4 In the event that you download any software, applications or script in relation to or from the Platform, the software, applications or script, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed by us to you on a non-exclusive, non-transferable, and non-sublicensable basis for the sole purpose of utilising our services in accordance with this Platform Agreement. For the avoidance of doubt, we are not transferring and do not transfer, title ownership or any other rights to the Software to you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software. Any Software downloaded from the Platform shall be at your own risk.

4.5 You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the Platform or any information, data, products or services obtained from the Platform (Platform Contents). Unauthorised conduct or use of the Platform or the Platform Contents may violate our intellectual property rights and may also be an offence under the Malaysian Computer Crimes Act 1997. You shall be entitled to retrieve and display the Platform Contents on any compatible device owned by you and retain a copy of the Platform Contents for record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.

5. Disclaimers and Liabilities

5.1 The Platform is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We disclaim to the fullest extent permitted by applicable laws all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform, or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any System or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.

5.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.

5.3 Assumption of risks. You acknowledge that there are certain security, corruption, transmission error and availability risks associated with using the Platform and agree, to the maximum extent permitted under applicable laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:

1. delays in, or inability to, access or use the Platform due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;


2. loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;


3. the need to conduct maintenance of the Platform system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and


4. the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the Platform, the privacy of your information or otherwise,

and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.

5.4 Exclusion of Liability. To the maximum extent permitted under applicable laws and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:

1. any unavailability of the Platform and/or your access or use (or inability to access or use) the Platform;


2. any failure of our System or Platform;


3. any inaccuracies contained in information or result relating to the System;


4. any failure to receive or delay in receiving your Appointment because of any failure of our System or other facilities or the telecommunication links used to transmit the Appointment;


5. any delay where the contents of an Appointment or your Access Method are ambiguous, incomplete or otherwise not up-to-date or inaccurate;


6. any unauthorised use of the Platform or Access Methods;


7. any breach of security or unauthorised use of, corruption or transmission error associated with our System or other facilities;


8. any act or omission of telecommunications carriers, internet service providers or any other service providers;


9. the exercise of any of our rights under this Platform Agreement;


10. our reliance on such information submitted to us;


11. any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; or


12. any event or circumstance beyond our control.

5.5 Your indemnities to us. To the maximum extent permitted under applicable laws and without prejudice to any other rights we may have under this Platform Agreement, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns, against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform or our services; or (ii) our operation of the Platform or the provision of our services, save where such losses are directly caused by our own gross negligence or wilful default or that of our directors, officers, employees or agents. Without prejudice to the generality of the foregoing, you shall indemnify us for any losses we may incur (directly or indirectly), from:

1. any breach of, or non-compliance with, this Platform Agreement by you;


2. any unauthorized use by any party of your Access Methods or the Platform or any part thereof;


3. any failure or malfunction in your system used in connection with the Platform;


4. any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorised access which have been introduced by you, which affects or causes the Platform, our hardware, software and/or other automated systems to fail or malfunction;


5. any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;


6. the exercise of our rights under this Platform Agreement;


7. our acting or relying on the Appointment submitted by you;


8. your use or failure to use the Platform; or


9. material comprised in the information or otherwise provided by you violating any applicable laws or third party rights, including intellectual property rights.

5.6 You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), you shall procure that such person will indemnify and hold us and our directors, officers, employees and agents harmless on the same terms as those set out above.

6. Force Majeure Event.

6.1 With reference to Section 5.2.9 of the Platform Agreement, Force Majeure Event means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Platform Agreement, including the offering of the Platform thereto, including, without limitation:

1. war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;


2. terrorist attacks, civil war, civil commotions or riots;


3. acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;


4. any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;


5. fire, explosion or accidental damage;


6. collapse of building structures or failure of plant machinery, computers or vehicles;


7. interruption or failure of utility service, including but not limited to electric power, gas or water; or


8. any labour disputes, including but not limited to strikes, industrial action or lockouts.

7. Affiliates

7.1 You acknowledge and agree that we, in the conduct of our functions, instead of acting ourselves, may delegate to or appoint any service provider, agent, sub-agent, contractor, sub-contractor or other third parties, whether in Malaysia or otherwise (and such persons shall each be referred to in this Agreement as an “Affiliate” of ours, where the context permits) to carry out, execute any Appointment, or provide on-going maintenance and support services for the operation of the Platform or such other Services or business as may be required by us.

7.2 You acknowledge and agree that we may delegate to such Affiliates all or any of the power, authority or discretion vested in us and any such delegation may be made upon such terms and conditions as we may think fit and, provided always that we shall have exercised reasonable care in the selection of such Affiliate, we shall not be bound to supervise the actions of and shall not in any way or to any extent be responsible for any loss incurred by you or any failure, neglect, default or breach by any such Affiliate.

7.3 You agree that our employees, officers, or Affiliates shall not have any authority to bind us to any obligations or liabilities as otherwise expressly provided in this Agreement.

8. Confidential Information

8.1 Our duty. Save as permitted under this Agreement or any other agreement with you, we shall treat all information relating to you and your Accounts as confidential.

8.2 Non-confidential information. You acknowledge that the following information will not be regarded as confidential information and we do not owe you or any other person any duty to keep such information confidential:

1. information that as at the date of its disclosure is in the public domain (other than through a breach of this Agreement) or which subsequently enters the public domain;


2. information that was already in our possession before you provided the information to us;


3. information which we received from a third party who has lawfully acquired such information and is under no confidentiality obligation regarding its disclosure to us; and


4. any information which is anonymised or encrypted in such a manner where the identities of any person cannot be readily inferred, or which cannot be referable to any particular person.

8.3 Exceptions from duty of confidence. You give us permission to disclose information relating to you and your Account as follows:

1. any of our directors, officers, employees, representative, agents or delegates;


2. any of our Affiliates, shareholders or related corporations and any of their successors, assigns or sub-contractors ,any their directors, officers, employees, representatives, agents or delegates;


3. our professional advisers, consultants;


4. any person who we believe in good faith to be your legal advisers or other professionals;


5. pursuant to applicable law in Malaysia or pursuant to a request by any regulatory body (regardless of the reason for such request and whether such request is exercised under a court order or otherwise);


6. to such other persons or under such other circumstances as you agree;

provided that in the case of disclosure under any of the circumstances in Section 8.3.1 to 8.3.3 above, we shall, where reasonably possible, procure that the recipient is subject to the same duty of confidence.

8.4 Survival. The permission you give by agreeing to this Section will apply even after this Agreement ends or your Account is terminated.

8.5 Your duty. Please refer to Section 4.8 & 4.9 of the Backoffice Agreement

9. Notice

9.1 All notices, demands or other communications required or permitted to be given under this Agreement (Notices) shall be sent as follows:

1. in the case of a Notice to you, to the phone number or electronic mail address indicated by you at Account opening or edited subsequently through the “Change of Phone No. or Email procedure” available on the Platform or by posting a Notice on the Platform; and


2. in the case of a Notice to us, by email to support@encoremed.io

9.2 You are deemed to receive the Notice sent by us upon the earlier of:

1. receipt of the Notice by you on the Platform;


2. receipt of the Notice by you through your electronic mail address; or


3. expiration of the calendar month following the posting of the Notice on the Platform or to your electronic mail address.

9.3 We are deemed to receive the Notice sent by you on the date upon which it is sent, unless it is sent after 5.45 pm on a Business Day or at any time on a non-Business Day in which case it will be deemed to have been received on the next following Business Day.

9.4 You must promptly inform us in writing of any change in your phone number and/or email address for communication or any of your relevant particulars available in our records and send us all supporting documents if we so require. We will need a reasonable time period, not being less than seven (7) Business Days from receipt, to act and effect the change in our records, after which, we may rely on the change.

10. General

10.1 Other agreements. This Platform Agreement does not supersede or replace any other consent you may have previously or separately provided to us in respect of your access or use of the Platform, and your consent to this Platform Agreement is in addition to any other rights which we may have in respect of your access or use of the Platform.

10.2 Amendment. Our Platform Agreement may change from time to time. We will post any changes on Platform Agreement. If you continue to use or access our Platform, you are deemed to have agreed to such changes without reservation.

10.3 Assignment. You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.

10.4 Survival on Termination. All disclaimers, indemnities, exclusions and confidentiality in this Platform Agreement shall survive the termination of this Platform Agreement.

10.5 Severance. If any provision of this Platform Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further, and for the avoidance of doubt, the rest of this Platform Agreement shall continue in full force and effect, and the legality, validity and enforceability of the whole of this Platform Agreement in any other jurisdiction shall not be affected.

10.6 No Third Party Rights. A person who is not a party to this Platform Agreement shall have no right under any law, to enforce any provision in this Platform Agreement.

10.7 No Waiver. No failure or delay on our part in exercising any rights hereunder and no notice or demand which may be given to or made upon you by us with respect to any right hereunder, shall constitute a waiver thereof, or limit or impair our right to take any action or to exercise any rights hereunder without notice or demand, or prejudice our rights as against you in any respect or render us responsible for any loss arising therefrom. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another rights, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

10.8 Governing Law and Jurisdiction. This Platform Agreement shall be governed by, and construed in accordance with, the laws of Malaysia. Any dispute arising out of or in connection with this Platform Agreement and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Malaysia, and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.

We are always happy to talk. If you have any questions or concerns, please contact us at contact us via phone at +603-2770 2539 (Monday to Friday, 8.45am to 5.45pm) or email to support@encoremed.io. And we will do everything we can to help.