1.2. This 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”).
1.3. When the terms “You”, “Your”, “Yourself”, “PrEP Provider” or such other similar terms are used in this TOU, they refer to the individual on behalf of and/or independent healthcare provider/s and/or healthcare institution/s who is considering registering or has registered to the Platform.
1.4. Individual who has registered on this Platform are referred to as (“Member”) in this TOU.
1.5. This TOU hereby govern Your access to and use of this Platform through which account dashboard, clinic directory, Booking System and/or any relevant online platform services (“Services”) are offered and provided by Us to You.
1.6. This Platform provides similar Services to Member to access to the medical consultation, medical assessment, prescription of medication, and/or any relevant medical services (“Care”) offered by PrEP Provider.
2. PrEP Provider and Account
2.1. Upon completion of the registration process, You will be issued a provider account (“Account”).
2.2. 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.
2.3. 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, not limited by informing US, to ensure that the accuracy of this information is maintained, updated and complete.
2.4. 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 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 or institution/s other than Yourself.
3. Panel Clinic
3.1. Your use and access to the Service is contingent upon the following:
3.1.1. Your agreement to this TOU and
3.1.2. Your agreement to comply to the laws (specified in Clause 4 and 5),
3.1.3. Your receipt of completion of a dedicated HIV, PrEP, PEP Training Course required by Us.
3.2. PrEP Provider who has fulfilled all the above sub-clause will be listed as (“Panel Clinic”) in the Platform.
4. The Care
4.1. PrEP Provider shall perform and otherwise provide at its own cost all tools, equipment, materials, and human resources necessary to complete the Care.
4.2. If any services, materials, functions, or responsibilities not specifically described in the Services are required for, incidental to, implied by, or inherent in the proper performance and provision of the Care, they shall be deemed to be included within the Care.
4.3. PrEP Provider shall ensure all Care is performed, whether by PrEP Provider or on behalf of PrEP Provider, diligently in accordance with all applicable laws and ethics (specified in Clause 4 and 5).
5. Booking System
5.1. The Booking System is a standalone system in this Platform that provides Member a direct channel to make appointment with the PrEP Provider of their choice.
5.2 Upon your confirmation to enable the Booking System for Your clinic, You agree to operate Your Account in accordance to the (“User Guide”) provided by Us.
5.3 You agree to ensure that all booking request/s to Your clinic is attended within three (3) working days.
6. Compliance with Laws and Ethics
6.1. This TOU shall be governed by and construed in accordance with all applicable laws, in Malaysia and internationally.
6.2. PrEP Provider may use the Platform only if comply with this TOU and all applicable laws, in Malaysia and internationally.
6.3. PrEP Provider must be a registered healthcare institution/s and/or healthcare provider/s under the applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities.
6.4. PrEP Provider shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on performance of the Care provided by PrEP Provider.
7. Data Security, Privacy, and Confidentiality
7.1. You understand, acknowledge, and agree to join the effort and responsibility in Our commitment to abide the Personal Data Protection Act 2010 (“PDPA”) which requires Us to inform Member/s of Member/s’ rights in respect of Member/s’ personal data that is being processed or that is being collected and further processed by Us and PrEP Provider for the purposes of data processing and record keeping.
7.2. 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 which can potentially leads to breaches of Member’s medical information.
7.3. 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.
7.4. You understand, acknowledge, and agree not to access or use the Account of any other Member/s and/or PrEP Provider/s for any reason.
8.1. You may terminate Your account for any reason and at any time by writing a request email to firstname.lastname@example.org. Your request for termination will be reviewed and take into effect within seven (7) working days with an email confirmation.
8.2. Upon termination, it is Your responsibility to assure that you meet all your obligations in connection with Care for Member/s who has assigned to You.
8.3. In the case that You provide Us with false and inaccurate details in relevance to Your Account and/or any and all information of the Member, We hold the rights to suspend Your Account and/ or terminate this TOU without being held liable for the same.
8.4. 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.
9.1. You agree to defend, indemnify and hold harmless this Platform, its affiliates, Us, and service providers, and its and their respective principal investigator, researchers, research assistants, contractors, and employees (each an “Platform Indemnified Party”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, penalties, audits, consent decrees, or fees (including attorneys’ fees) (singularly, “Loss” and collectively, “Losses”) arising out of or relating to the following
9.1.1. Your negligence or wilful misconduct, including without limitation Your professional malpractice,
9.1.2. Your breach or violation of this TOU,
9.1.3. Your failure to maintain the secrecy and security of Your Account’s login information (such as your username and password) or any Member/s’ information,
9.1.4. Your failure to comply with PDPA,
9.1.5. The unauthorized disclosure or breach of any information (as defined under PDPA),
9.1.6. Your use of the Platform, including, but not limited to, any use of the Platform’s content, services, and products other than as expressly authorized in this TOU,
9.1.7. Or Your use of any information obtained from this Platform.
10.1. 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.
10.2. PrEP Provider shall not be a representative of this Platform and shall not be authorized to enter into contracts or agreements binding on Us or this Platform without the express written approval from Us.
10.3. We reserve the right to audit PrEP Provider/s’ records in this Platform with respect to performance of Care to the Member/s.
10.4. PrEP Provider is free to perform services for any other company at any time provided such engagements do not interfere with its obligations to this Platform as set forth under this TOU.