Terms and Conditions
KINDLY READ THE TERMS & CONDITIONS BELOW CAREFULLY. BY CLICKING ON THE AGREEMENT AND ACCEPTANCE PORTION BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF ORIGIN PHARMACY’S SERVICES.
To proceed with your prescription order with Origin Pharmacy, you must agree to the following terms and conditions of Origin.
A. Welcome to Origin. We are an online pharmacy owned and operated by Origin Pharmacy Sdn Bhd (Registration No. 202001030325 [1386645-W]), a company duly incorporated under the provisions of the Companies Act 2016 (hereinafter referred to as “Origin”, “We”, “Our”, “Us” or “Company”) accessible through the HealthMetrics mobile application and/or web platform (“App”).
B. Your access to our products and services through the App are governed by the following terms and conditions, including the applicable policies of the App, which are incorporated herein by way of reference. These terms and conditions constitute a legal and binding contract between you (hereinafter referred to as “You” or “Your” or the “User”) on one part and Origin on the other part.
C. The App, being an end-to-end platform to simplify employee benefits administration and healthcare management, also assists facilitates online purchase of pharmaceutical products sold by various third-party pharmacies (“Vendors”) and also serve as an information platform for us to provide health and wellness related information to users accessing the App including but not limited to tele-pharmacist services (hereinafter referred to as the “Services”).
D. Origin reserves the right to change or modify these Terms & Conditions or any policy at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revised version on the App and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the mobile app and/or website will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions and applicable policies to understand the terms and conditions that apply to your use of the mobile app and/or website.
TERMS OF USE, PROHIBITIONS AND INTELLECTUAL PROPERTY
1. You acknowledge and agree that the App may contain proprietary and confidential information, material, content and intellectual property belonging to us including, but not so limited to, pricing information, copyrights, designs, databases, confidential information, layouts, patents, trade marks, badges of trade, compilations, annotations, lists, data, images, and all other forms of proprietary material (hereinafter collectively referred to as the “Intellectual Property”).
2. Unless otherwise expressly stated herein, you shall not have any rights, license, consent, authorisation nor permission from us to use, copy, reproduce, make reference to, store, circulate, distribute, sell or resell, offer for sale or resale, export or re-export, import or re-import, make publicly available, alter, amend, tamper, hack, modify or otherwise exploit and/or deal with the Intellectual Property.
ACCESSING OUR SERVICES
3. In order for you to have access to our products and Services through the App (e.g. to place an order for pharmaceutical products, to subscribe to our Services, posting rating and/or reviews), you need to first read, understand and accept this Terms & Conditions. Please note that information that was provided during your registration in the App would enable us access to your personal details including, your name, gender, email address, user name, mobile phone number, billing and shipping addresses. Kindly refer to our Data Protection Notice for information relating to the use of your personal details [ ].
4. Please note that we rely upon such information in order to serve you better. As such, you represent and warrant that the information you submit during your App account registration is truthful and accurate and that you will maintain the accuracy of such information at all times.
5. It is your responsibility to keep your contact details including your mobile phone number and email address up-to-date to enable us to communicate with you.
CONSENT TO COLLECTION AND USE OF INFORMATION
6. You agree and consent to receiving notices, announcements, advertisements and all other forms of communications from us whether physical or electronic, via mail, email, our mobile app and website.
7. The App may use geolocation functionality to determine your location which may be accessed by us to provide you the Services. Such geolocation functionality is provided by third-party service providers. 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 of use of such third-party service providers.
NO REPRESENTATIONS
8. We do not make any representations with regards to the accuracy, appropriateness and safety of the pharmaceutical products offered by us. Any and all representations made by us in the App are of general nature. You acknowledge that the effect of a particular pharmaceutical product may vary among individuals and there is a possibility that you are allergic to certain ingredient in the pharmaceutical product. You acknowledge and agree that you are solely and fully responsible to seek the necessary medical consultation and/or advice regarding the accurateness, appropriateness and safety of all pharmaceutical product intended to be ordered by you and Services rendered by us via the App and website and that you do not rely on any form of representation by us.
9. Any orders placed are subject to proximity of our pharmacy from the delivery destination, delivery capability, product availability through the App. We shall have the absolute right to reject your placement of orders or cancel any placed orders at our sole discretion.
10. Our availability and products may vary from time to time and we do not make any representations as to the continued availability of our products.
PRICES
11. All prices listed on the App of our pharmaceutical product and Services is the price of listing at that given time. We reserve the right to change and amend these prices at any time. All prices are further subject to all other applicable taxes and delivery charges. In the event that any listed price is not current, we will contact you to inform you about the price difference and you can choose to either confirm or cancel the affected order.
DISCLAIMERS AND LIMITATIONS
12. We do not make any representations nor warranties whatsoever regarding the accuracy, timeliness, quality, performance, nor any aspect whatsoever of the App nor any third-party software to be used in conjunction with the App. All such use by you is solely and fully at your own risk.
13. Our products and Services are provided on an “as is” and “as available” basis with all faults and without any warranties whatsoever, through the App or otherwise. To the fullest extent permitted by law, we disclaim all forms of warranties and conditions including, but not limited to, warranties and conditions in relation to merchantability, satisfactory quality, fitness for any particular purpose, quiet enjoyment as well as all other conditions and warranties whatsoever and howsoever arising, whether express or implied and whether by any applicable statutory law, by-laws, regulations or otherwise in relation to the App and/or third-party software.
14. You acknowledge and accept that we do not make any representations nor warranties in relation to the compliance with or non-infringement of any third-party rights with regards to the App and/or third-party software. You acknowledge and accept that you do not rely on any representations nor warranties from us in relation to any such third-party rights and any infringement or non-compliance of any such third-party rights by you via your use of the App and/or third-party software shall be at your sole risk and responsibility.
15. To the fullest extent permitted by law, in no event shall we be liable for any personal or physical injury, property damage, direct or indirect, incidental, consequential, general and/or special damages, reliance loss, expectation loss, expenses, costs and any form of damages and/or losses whatsoever and howsoever arising including, but not limited to, damages and/or losses occurring to you, any other software or applications owned by you, your personal data, and/or your personal property due to any interference, interruption, corruption or loss of data, disturbance, discontinuance, disconnection, time delays, inaccuracy, viruses, trojans, bugs, failure to transmit and/or receive data in relation to the downloading, installation, use, updating and/or restoring of the App and/or third party software as well as all other forms of non-performance, use or inability to use the App and/or third party software whatsoever and howsoever arising.
WAIVERS AND INDEMNITIES
16. In the event that your use of our Services infringes any third-party rights, you hereby agree to waive all claims against us pursuant to any such infringement. In the event that such claims are attributable to your own independent conduct, then you hereby agree as well to completely hold us harmless and indemnify us against any and all claims, suits, legal actions, prosecutions, liabilities, damages, expenses and costs that may arise out of such infringement to the extent that it is attributable to your own conduct.
17. You agree to indemnify, defend and hold harmless Origin, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors, partners and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the App, Services or any breach of these Terms & Conditions. In addition, you agree to indemnify, defend and hold harmless your Origin from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of Origin’s healthcare professional(s) or any breach of these Terms & Conditions.
GENERAL
18. You agree that no delay nor inaction on our part to enforce any of our rights pursuant to this Terms & Conditions or pursuant to all other applicable laws shall be construed as any form of waiver on our part.
19. All prices are in Ringgit Malaysia (RM). Applicable taxes will be included where it is indicated.
20. Purchased items shall not be returnable nor refundable save and except where such items are damaged or defective.
21. Where any term or terms herein is found to be invalid or illegal at any time, you agree that such invalid or illegal term(s) shall be severed from this Terms & Conditions as if it was never a part of this Terms & Conditions and the remainder of all other terms herein shall continue to be in force and binding between parties.
22. You shall not assign or transfer your rights or obligations herein without our prior written consent.
23. This Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia, under the exclusive jurisdiction of the Courts of Malaysia.
