The following terms and conditions constitute an agreement between Bio IntelTech Sdn Bhd (Company No. 201901032064 (1341394-T)) (“Bio IntelTech”, “we”, “our” or “us”), the operator of a healthcare-as-a-service platform known as “FEV3R” that is available in mobile application and desktop versions (the “Platform”) and guests or registered users of the Platform (“you”, “your”, “yourself” or “user”). These terms of use (“Terms of Use”), together with our Privacy Notice located at the Platform (which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Platform.
By using or otherwise accessing the Platform, you agree to the terms of this Agreement. If you do not agree with this Agreement, you must refrain from accessing or using the Platform. Please note that we offer the Platform “AS IS” and without warranties. You are required to register and authorize the use and disclosure of your information for purposes of allowing us to grant you access to the Platform and as otherwise disclosed in our Privacy Notice.
1 FEV3R PLATFORM
1.1 The Platform is an application that enables you to virtually consult medical professionals when you have registered on the Platform and receive medicine prescribed by the medical professionals. The services and functions of the Platform include symptoms checker using our artificial intelligence technology, communicating with a medical professional on your symptoms, fixing an appointment with the medical professionals, and consultation through a voice call or video call (“Services”). You can also upload your medical records and other health related data onto the Platform including your past medical reports, scans, prescriptions and medical certificates to better manage your health data and facilitate virtual consultations by a medical professional.
1.2 The Services on the Platform are generally available on a subscription basis. If you are using the Platform on a trial subscription, you may not have access to all the Services available on the Platform. As a trial user, you can only consult a medical professional based on an appointment which is fixed and view your health related documents through the Platform.
1.3 While we can receive appointments for consultation from any location worldwide, we can only deliver medication to locations within Malaysia for the time being.
1.4 The Services on the Platform are not suitable for users with serious medical conditions, emergency conditions and/or life-threatening illnesses. If you have any serious medical conditions, medical emergency and/or life-threatening illnesses, you are advised to call your personal doctor, emergency helpline or ambulance immediately if necessary.
2 REGISTRATION
2.1 Before you start using the Platform, you are required to register for an account before you can proceed to use the Services available on the Platform. As part of the registration process, you are required to provide your mobile number which your organisation has
registered with us for verification purposes. Once you have verification process is completed by keying the verification code sent to you mobile number, you will be prompted to provide your name, email address, identity card/passport number and create a password. These are your registration details for accessing the Platform (“Account Information”). The Account Information must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to
2.2 You must be 18 years of age or over to register with us or use the Platform. If you do not qualify under these Terms of Use, do not use the Platform. By using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
3 YOUR PERSONAL INFORMATION
We collect and process your personal data in accordance with the Privacy Notice at www.fev3r.com/privacy and you hereby consent to the processing of your personal data in accordance with the said notice. Your personal data in relation to your consultation with the medical professionals is collected and processed in accordance with the privacy notice of the clinics. You are advised to read the privacy notice of the clinics to understand how your personal data is being processed. We are only a data processor in respect of the personal data collected and processed during your consultation with the medical professionals.
4 NO WARRANTIES IN RELATION TO MEDICAL PROFESSIONALS
4.1 The medical professionals with whom you may seek to consult are consultants engaged by our partner clinics. We will ensure that all medical professionals providing consultation and prescription through the Platform are fully qualified and registered with the Malaysia Medical Council and in possession of valid Annual Practicing Certificate.
4.2 Notwithstanding the foregoing, we do not:
4.2.1 recommend or endorse any medical professionals; and
4.2.2 make any representations or warranties with respect to these medical professionals or the ability of the medical professionals to consult you and provide medical advice.
4.3 Without prejudice to the foregoing, you acknowledge that:
4.3.1 all medical professionals delivering services through the Platform are independent medical professionals and are solely responsible for the compliance of requirements applicable to the services each of them provides to you;
4.3.2 we are not in any way involved in the practice of medicine or any other licensed profession, and do not interfere with the practice of medicine or any other licensed profession by the medical professionals
4.3.3 your use and/or access of the Platform, and/or providing health data or medical records through the Platform do not create a healthcare provider- patient relationship between you and us;
4.4 Except as set out in these Terms of Use, Bio IntelTech only acts as an intermediary between you and the medical professionals. Bio IntelTech is not involved in the arrangement between you and the medical professionals and shall not be liable to either you or the medical professionals in relation to any such consultation or medical advice. You must resolve any dispute between you and the medical professionals (as the case may be) directly.
5 FEES
5.1 As an employee of an organisation, your access and use of the Platform is:
5.1.1 based on a subscription plan purchased and maintained by your organisation with us; and
5.1.2 subject to your compliance with our fair use policy which you are responsible to ensure that you are aware of its contents by checking with your organisation.
5.2 It is important to note that the payment amount stated on the payment page does not reflect the actual price of service for users who are employees of an organisation who subscribed to use the Platform. Your organisation will be billed accordingly based on agreed commercial arrangement for the use of service.
6 ACKNOWLEDGEMENT AND CONSENT
By accepting these Terms of Use, you consent to the following terms to be binding on you, and you further acknowledge and agree that:
6.1 receiving calls, auto-dialled and/or pre-recorded messages or calls, from us at any time with the use of the mobile number that has been provided by you when you register for an account on the Platform;
6.2 you may be contacted by our partner clinics or service providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under these Terms of Use. Such contact will only be made for the purpose of delivering our Services to you, and will be made in accordance with the respective contracts, agreements and/or policies;
6.3 details of your health information, medical history may be discussed during your voice or video consultation with the medical professionals, and the medical professionals may perform a physical examination aided by these technologies;
6.4 the telehealth services you receive from the medical professionals are intended to supplement but not replace a primary care physician relationship or be your permanent medical solution. No results can be guaranteed or assured. You should seek emergency help or follow-up care when recommended by a medical professional or when otherwise needed, and continue to consult with your primary care physician and other medical professionals as recommended;
6.5 any symptom checks which you conduct through the Platform based on our artificial intelligence technology is intended to collect preliminary information from you as a guide to assist the medical professional who will be providing consultation to you.
6.6 you will have direct access to customer support services for any enquiries on medication reactions, side effects or other adverse events;
6.7 all electronic communications are directed to the medical professionals and their assistants through a secure and encrypted interface;
6.8 the telehealth services may not be appropriate for a part of or all of your treatment needs and the medical professionals may refuse to provide the requested telehealth services to you through the Platform;
6.9 there are risks associated with the use of telehealth services which include without limitation the following:
6.9.1 information transmitted may be insufficient (such as poor resolution of images) for appropriate assessment of any health care decision by the medical professionals;
6.9.2 delays in assessment or treatment due to failures of any electronic devices or equipment. In such event, you may be contacted by phone or other means of communication;
6.9.3 a lack of access to all of your health records which may result in adverse drug interactions or allergic reactions or other judgement errors; or
6.9.4 security breaches which may result in the privacy of your health information being compromised.
7 USER OBLIGATIONS
7.1 By registering an account on the Platform, you agree to abide by the following terms and conditions:
7.1.1 you may only use the Platform for lawful, non-commercial, internal, personal and medical purposes and not for any purpose that is illegal or prohibited by these Terms of Use;
7.1.2 you are responsible for protecting the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access the Platform;
7.1.3 you will not post or transmit any material or information which is offensive, defamatory, obscene, false, inaccurate, misleading, deceptive, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
7.1.4 you will not post or transmit any material or information which creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person,
7.1.5 you may not attempt to gain unauthorized access to the Platform, user accounts, computer systems or networks through hacking, password mining or any other means;
7.1.6 you agree to provide current, accurate and up-to-date information about yourself as required under these Terms of Use;
7.1.7 you will not to post or transmit any unsolicited advertising or promotional materials;
7.1.8 you will not infringe our intellectual property rights or those of any third party in relation to your use of the Platform;
7.1.9 you will not post or transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware; and
7.1.10 you accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time.
7.2 Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform.
8 CONTENT
8.1 For the purpose of this section, “Content” means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Platform, excluding the User Content. You acknowledge that the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and do not constitute an opinion, recommendation or advice, nor is it a substitute for the same. The Content is solely provided for informational purposes to assist you with receiving non-
emergency healthcare assistance.
8.2 You are solely responsible to:
8.2.1 evaluate the quality, adequacy, completeness and usefulness of the Services, Content, User Content, advice, opinions and other information obtained or accessible through the Platform; and
8.2.2 seek further professional advice at all times and obtain independent verification of the materials and information provided herein prior to making any decision based on any such materials or information. You agree that your use of the Content and User Content is solely at your own risk.
8.3 We may, but have no obligation to have the Content posted through the Platform reviewed by our editorial personnel and/or medical personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content are not guaranteed. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Content.
8.4 In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send as an email at enquiries@fev3r.com to report any such infringement.
9 CONTENT YOU POST OR SUBMIT
9.1 It is important that you act responsibly when providing any information, data or photographs (“User Content”) and you shall at all times comply with the above section on User Obligations. We reserve the right to investigate and take appropriate legal action against anyone who breaches this provision or the above section on User Obligations, including without limitation, refusing, editing or removing any offending content from the Platform and terminating the account of such violators or blocking your use of the Platform at our sole discretion.
9.2 You are solely responsible for the User Content which you post on the Platform. By posting or submitting the User Content through the Platform, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such User Content to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such User Content.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable license to use the Platform solely for you to utilise the telehealth services provided on the Platform.
10.2 Copyright in the Platform and the Content (including designs, texts, graphics, logos, icons, user interfaces, visual interfaces and software) is owned or licensed by us and/or our third party licensors. You acknowledge that the Platform and any underlying technology or software used in connection with the Platform contain our proprietary information and/or our third party licensors. We give you permission to use the Platform and the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform.
10.3 Except as expressly authorised by these Terms of Use, you may not in any form or by any means:
10.3.1 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform and/or Content;
10.3.2 commercialise any information, products or services obtained from any part of the Platform;
10.3.3 modify, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or use any part of the same to provide or incorporate into, any product of service provided to a third party; or
10.3.4 copying, duplicating, storing or downloading the Content.
10.4 If you use any of Bio IntelTech’s or our third party licensor’s trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities, products or services, you must include a statement attributing the Marks to us. You must not use any of the Marks:
10.4.1 in or as the whole or part of your own trademarks;
10.4.2 in connection with activities, products or services which are not ours;
10.4.3 in a manner which may be confusing, misleading or deceptive; and/or
10.4.4 in a manner which disparages us or our information, products or services.
11 LINKS TO OTHER SITES
11.1 The Platform may contain links to other websites (“Linked Websites”) that do not belong to or are not maintained by us. Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. For more information about the content or privacy practices of the Linked Websites, please visit the Linked Websites for the applicable terms of use and privacy policy.
11.2 The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
12 PROHIBITED ACTIVITIES
12.1 We may (but shall be under no obligation to) investigate if you have misused the
Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal.
12.2 The following is a non-exhaustive list of prohibited activities which you shall not engage in with respect to the Platform. We reserve the right to amend this list at any time. The prohibited activities include, without limitation:
12.2.1 impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform;
12.2.2 expressing or implying that any statements you make are endorsed by us without our specific prior written consent;
12.2.3 using any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
12.2.4 “frame” or “mirror” any part of the Platform, without our prior written authorization;
12.2.5 using any code or other devices containing any reference to us or the
Platform to direct persons to any other website and/or service;
12.2.6 using the content contained on the Platform for any illegal, fraudulent or harmful purpose;
12.2.7 using the Platform in any manner that could damage, disable, overburden, impair the operation of the Platform, our servers or networks, or interfering with any other party’s use and enjoyment of the Platform, or violate any requirements, procedures, policies or regulations of such networks;
12.2.8 tracing or attempting to trace information of any users of the Platform to its source;
12.2.9 exploit the Platform, the Content or the User Content in any manner which compromises personal information belonging to other users of the Platform;
12.2.10 violating any laws; and
12.2.11 publicly disseminate information regarding the performance of the Platform or access or use the Platform for competitive analysis or benchmarking purposes.
13 PLATFORM MAINTENANCE
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the
Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform.
14 DISCLAIMER
14.1 You release us from all liability for you having acquired or not acquired the Content or User Content through the Platform. We make no representations concerning any Content or User Content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the Platform.
14.2 Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Platform, including without limitation any warranties that the Platform is merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. We do not guarantee that you will be able to access or use the Platform (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Platform or any other data or information provided or received through Platform. Except as expressly set forth herein we make no warranties about the Platform or any other security associated with the transmission of sensitive information. We do not warrant that the Platform will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the Platform is free of computer viruses, contaminants or other harmful items.
15 LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from or in connection with your use of, or inability to use the Platform including without limitation bodily injury, emotional distress, and/or any other damages resulting from your use of any information, suggestion or advice provided to you by a medical professional, or communications or meetings between or amongst you, any minor for whom you are responsible, and any medical professionals, members or any other persons you meet through the Platform. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.
In the event we are liable under these Terms of Use, our maximum and cumulative total liability to you (or to any third party claiming under or through you) in respect of any and all claims, damages and/or losses, howsoever arising under these Terms of Use shall, to the maximum extent permitted by law, not exceed the annual subscription fees paid by you or your organisation to us for the Services rendered to you.
16 INDEMNIFICATION
You agree to indemnify us, our directors, employees, officers, partners or suppliers (collectively “Indemnitees”) against any loss, damage or cost incurred by the Indemnities arising out of your access or use of the Platform, including, without limitation, the Content, User Content or any other information accessible over or through the Platform, any content submitted by you or your violation of these Terms of Use, or any other laws, regulations and rules. You will also indemnify the Indemnitees against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).
17 TERMINATION
17.1 We may terminate and/or suspend your account immediately, without notice, if there has been a breach of these Terms of Use or other policies and terms posted on the Platform by you or by someone using your Account Information. We may also block or deny your access to the Platform, or cancel or suspend your account for any other reason. We shall not be liable to you or any third party for any termination of your access to the Platform. Further, you agree not to attempt to use the Platform after any such deletion, deactivation or termination.
17.2 If you no longer wish to use the Platform, you may terminate this Agreement by deleting your account through the user settings found on the Platform. Please note that the deletion of your account is irreversible. If you wish to reactivate your account, you will need to repeat the registration process.
17.3 Notwithstanding anything contained in this Agreement, any provisions of this Agreement which are capable of having effect after the termination of your account shall remain in full force and effect following the termination of your account.
18 GENERAL
18.1 Amendments to these Terms of Use
We reserve the right to amend these Terms of Use and the other documents consisting of the Agreement at any time. Upon any such change, we will post the amended terms on the Platform or we may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by these Terms of Use or other applicable Agreement document, as amended. If at any time you choose not to accept these Terms of Use, including following any such modifications hereto, then you must stop using the Platform.
18.2 Severability
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the
remaining terms and conditions shall nevertheless continue in full force.
18.3 Governing Law
This Agreement shall be governed by the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction.
18.4 Non-waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
18.5 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Platform including the Privacy Notice, constitute the entire agreement between you and us and supersede all previous written or oral agreements.
18.6 Headings
The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
18.7 Non-assignment
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.