The following terms and conditions constitute an agreement between you and Encore Med Sdn Bhd (“Encore”), the operator of www.encoremed.io and related software and mobile applications (“the App”) provided by us and in respect of which these Terms and Conditions of Use are referenced (collectively “Encore Services”). These Terms and Conditions ofUse shall be read in conjunction our Privacy Policy.

1. Encore Services

   Encore Services come in two packages:

   1. Appointment and Walk-In System

      The Encore App, available on Apple’s App Store and Google’s Play Store, enable you to make appointments with doctors, dentists and/or other healthcare services (collectively, “the Doctor”) that have engaged Encore to list their services on the App. By accessing the App, you are able to view the Doctor’s roster and their availability and provides the Doctor a platform to communicate and facilitate clinic appointment making with you. Encore has no control over and cannot guarantee the availability of the Doctor at any particular time, whereby such responsibility is upon the Doctor themselves. The Doctor reserve the rights to accept or decline any appointments made through the App.

      Encore shall not be held liable for cancelled or unfulfilled appointments, or any injury resulting therefrom, or for any injury resulting or arising from or related to the use of the App.

   2. Live Queue System

      Encore Services include an automated live queue system that uses priority-based sorting algorithms to determine the order of your queue in the healthcare service providers’ facilities. If you have a pre-arranged appointments, you will be given priority in the queue, followed by clients of other types. The timing displayed serves only as an estimate and is not a guarantee that you will be served at the displayed time. The healthcare service providers reserve the right to alter the queue at their own discretion. Encore shall not be held liable for any delays or changes in timing of service, or any injury resulting therefrom, or for any injury resulting or arising from or related to the utilisation of the Software’s queue system.

2. Terms

   Unless you have a different agreement signed with Encore, by accessing and using Encore Services, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws in Malaysia. If you do not agree with any of these terms, you are prohibited from using or accessing Encore Services. The materials contained in Encore Services are protected by applicable copyright and trade mark laws.

3. User Licence

   1. Permission is granted to temporarily download one copy of the materials (information or software) on Encore’s web site for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

      1. modify or copy the materials;

      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

      3. attempt to decompile or reverse engineer any software contained on Encore’s web site;

      4. remove any copyright or other proprietary notations from the materials; or

      5. transfer the materials to another person or “mirror” the materials on any other server.

   2. This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Encore at any time. Upon terminating your viewing of these materials and/or usage of Encore Services or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

   The materials on Encore Services are provided ‘as is’. Encore makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Encore does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

   In no event shall Encore or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Encore’s web site, even if Encore or an Encore authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

   The materials appearing on Encore Services could include technical, typographical, or photographic errors. Encore does not warrant that any of the materials on Encore Services are accurate, complete, or current. Encore may make changes to the materials contained on Encore Services at any time without notice. Encore does not, however, make any commitment to update the materials.

7. Links and Advertisements

   Encore has not reviewed all of the sites and advertisements linked to Encore Services, and is not responsible for the contents of any such linked site and/or advertisements. The inclusion of any link and/or advertisements do not imply endorsement by Encore of the site and/or advertisement’s contents. Use of any such linked web site and/or viewing any such advertisement is at the user’s own risk.

8. Site Terms of Use Modifications

   Encore may revise these terms of use for its web site at any time and will notify you of such revisions when made. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

   The use of Encore Services and any claim relating to Encore Services shall be governed by the laws of the Malaysia without regard to its conflict of law provisions.

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfilment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.