Terms of Use
1. General
1.1. My PrEP Locator (“Platform”) is owned and operated by the research team from the Centre of Excellence for Research in AIDS (CERiA), Pusat Perubatan Universiti Malaya (“We”, “Us”, or “Our”).
1.2. When the terms “You”, “Your”, “Yourself”, “Member” or such other similar terms are used in this TOU, they refer to the individual who is considering registering or has registered to the Platform.
1.3. Please read these terms of use (“TOU”) carefully. By accessing or using My PrEP Locator (“Platform”), You have hereby agreed that You have read, understood, and accepted the TOU, including any additional terms and conditions and any policies referenced herein. If You do not agree with this TOU, please do not use this Platform.
1.4. This TOU hereby govern Your access to and use of this Platform through which directory and booking system, sexual risk assessment, and mental health assessment (“Services”) are offered and provided by Us and selected healthcare institutions and/or healthcare providers who provide Human Immunodeficiency Virus (“HIV”) Pre-Exposure Prophylaxis (“PrEP”).
1.5. To use the Platform as directory, You must be at least 18 years of age. You can register for an account to get access to the booking system and assessments.
2. Services and PrEP Providers
2.1. Directory and Booking System
2.1.1. You understand, acknowledge, and agree that this Platform is merely a web-based geolocated directory of medical practitioners and/or institutions who provide HIV Pre-Exposure Prophylaxis (“PrEP Providers”) in Malaysia, hence, shall not substitutes for any medical consultation, examination, and/or care.
2.1.2. You understand, acknowledge, and agree that the availability of the PrEP Provider listed on this Platform may vary from time to time, and We do not make any representations as to the continued availability of any related services.
2.1.3. You understand, acknowledge, and agree that the PrEP Provider are independent contractors engaged by Us for the provision of the Services. The PrEP Provider are not Our employees, agents, or representatives. You hereby acknowledge and agree that the PrEP Provider are independent contractors and that they are solely responsible for the manner in which the services they provided to You.
2.1.4. You further acknowledge and agree that We exercise no control or influence over the level of service rendered and the independent judgments of the PrEP Provider with respect to the information, advice and/or recommendations that have been communicated by them to You.
2.1.5. You understand, acknowledge, and agree that all PrEP Provider rendered to You and services provided by the PrEP Provider in this Platform are not Your only choice to access to related services.
2.1.6. You understand, acknowledge, and agree that the PrEP Provider database about each individual clinic, provider, hospital, or other health institution may change from time to time.
2.1.7. You understand, acknowledge, and agree that the Services provided through the Platform may not be appropriate for everyone and/or every situation.
2.2. Sexual Risk Assessment
2.2.1. You understand, acknowledge, and agree that the Sexual Risk Assessment provided in this Platform is an evaluation of sexual risk status but not diagnosis of any medical (physical and/or mental) condition.
2.2.2. You are advised to seek professional advice if the result of the sexual risk assessment is concerning to You.
2.3. Mental Health Assessment
2.3.1. You understand, acknowledge, and agree that the Mental Health Assessment provided in this Platform is an evaluation of mental health status but not diagnosis of any medical (physical and/or mental) condition.
2.3.2. You are advised to seek professional advice if the result of the mental health assessment is concerning to You.
3. Your Account
3.1. Upon completion of the registration process, You will be issued an account (“Account”).
3.2. You understand, acknowledge, and agree that You are responsible for maintaining the confidentiality of Your username and password and any other security information related to Your Account. We advise You to change Your password frequently and to take extra care in safeguard Your password.
3.3. You hereby confirm and agree that all the information that You have provided in or through the Platform and Your Account is, and all information that You will provide in or through the Platform and Your Account in the future, will be accurate, true, current, and complete. You further agree that steps will be taken to ensure that the accuracy of this information is maintained, updated and complete.
3.4. You hereby confirm and agree that Your access to and use of the Platform and Your Account to receive the Services is intended for Your own personal access and use only and that You are not using the Platform, Your Account and/or receiving the Services for and on behalf of any other person other than Yourself.
3.5. In the case that You provide Us with false and inaccurate details, We hold the rights to suspend Your account and/ or terminate this TOU without being held liable for the same
3.6. We reserve the right to suspend or terminate Your access to our Platform if We reasonably believe that You have breached, are acting in breach of, or repeated breach of, this TOU.
4. Compliance with Laws
4.1. You may use the Platform only if comply with this TOU and all applicable laws, in Malaysia and internationally.
4.2. This TOU shall be governed by and construed in accordance with the laws of Malaysia.
5. Data Security, Privacy, and Confidentiality
5.1. We abide by the Personal Data Protection Act 2010 (“The Act”) which requires Us to inform You of Your rights in respect of Your personal data that is being processed or that is being collected and further processed by Us and the purposes for the data processing.
5.2. The Act also requires Us to obtain Your consent to the collection and processing of Your data that enables Us to perform, analyse and improve Our services, offer Our Services, and communicate with You. We will use this data to provide You with the Services requested, to maintain Our records and/or to send You relevant information.
5.3. You understand, acknowledge, and agree that that the Platform may use geolocation functionality to determine Your location. Such geolocation functionality is provided by third-party service provider. You acknowledge and agree that by using the geolocation functionality, You are consenting to the collection of information in relation to Your location and agree to be bound by the terms and conditions of such third-party service provider.
5.4. You understand, acknowledge, and agree that it is Your responsibility to, and that You shall, notify Us immediately of any unauthorised access or use of Your Account or any other concern of breach(es) of Your Account.
5.5. You understand, acknowledge, and agree that We will not be liable for any losses and/or damages suffered and/or incurred as a result of someone else accessing or using Your Account, either with or without Your consent and/or knowledge.
5.6. You agree and undertake not to access or use the Account of any other individual for any reason.
6. Links to Third-Party Websites
The Platform may contain links to third parties’ websites. Please note that the Platform is not responsible for the collection, use, maintenance, sharing or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and Platform is not responsible for the information processing practices or privacy policies of such sites.
7. Indemnification
7.1.1. The PrEP Provider will use the Platform only in accordance with applicable standards of good professional practice.
7.1.2. You understand, acknowledge, and agree that while We endeavour to ensure the credentials and authenticity of the PrEP Provider listed on the Platform, We make no representation or warranty whatsoever of any kind, express or implied, regarding the actions, advice, quality, fitness of the products for a particular purpose, the adequacy, validity, reliability and/ or availability of any kind by the PrEP Provider including but not limited to the medical products sold and You are advised to make Your own research and/or seek the necessary advice (if applicable) before making a purchase and/or engaging the Services of PrEP Provider listed on the Platform.
7.1.3. You agree to indemnify, defend and hold harmless Us and this Platform including but not limited to its affiliate PrEP Provider from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by You pursuant to this TOU.
8. Miscellaneous
8.1. We reserve the right to change this TOU at any time in its discretion and to notify You of any such changes solely by changing this TOU. Your continued use of the Platform after the posting of any amended TOU shall constitute Your agreement to be bound by any such changes.