TERMS OF USE (DRAFT)

 

IMPORTANT NOTICE:

PLEASE READ THESE TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE damaiminda.my WEBSITE, APP, SYSTEM, TOOL AND/OR ITS RELATED MATERIALS AND CONTENTS THEREOF (HEREINAFTER REFERRED TO AS THE “damaiminda.my WEBSITE”).

BY ACCESSING OR USING THE damaiminda.my WEBSITE, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE damaiminda.my WEBSITE.

IN THE EVENT OF A MEDICAL EMERGENCY PLEASE CALL EMERGENCY SERVICES. The damaiminda.my website is not designed or intended for use in the diagnosis or treatment of disease or other conditions, and the recommendations or information provided by the damaiminda.my website does not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. You will be solely responsible for all decisions and actions taken or not taken involving medical diagnosis, treatment and care resulting from or in any way related to the use of the damaiminda.my website.

The damaiminda.my website is only intended for use in Malaysia.

1. General

1.1 The damaiminda.my website is made available, not sold, to you by the UNIVERSITI TEKNOLOGI MALAYSIA (UTM) for use only under these Terms of Use. UTM retains ownership of the damaiminda.my website itself and reserve all rights not expressly granted to you. 

1.2 UTM reserves the right to revise this Terms of Use at any time it deems fit by updating this page. You should visit this page from time to time and review the current Terms of Use. UTM may modify any information that forms part of the damaiminda.my website any time, without the need of notice to you, and without any liability on the part of UTM. Your use of the damaiminda.my website after such changes have been made available will constitute your unconditional agreement to the modified Terms of Use and all of the changes.

1.3 UTM, at its discretion, may make available future updates to the damaiminda.my website itself. The damaiminda.my website updates, if any, may not necessarily include all existing damaiminda.my website features. The terms and conditions of these Terms of Use will govern any damaiminda.my website updates, unless such update is accompanied by a separate agreement, in which case you agree that the terms of that agreement will govern such update.  UTM further reserves the right, at UTM’s sole discretion, to remove the damaiminda.my website from access or absorb it into other online capabilities.

2. Proprietary Rights

2.1 The damaiminda.my website and its contents and materials made available on or through the damaiminda.my website, are protected by copyright, trademark and other forms of intellectual property rights. All rights in the damaiminda.my website are owned by, licensed to, managed and/or controlled by UTM.

2.2 Other terms of use, as may be indicated to you may apply upon using this damaiminda.my website or in the event you are redirected to other contents including websites, apps and/or tools. Such content may be protected by rights, copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. The aforesaid third party sites, apps, tools, contents and materials, may not be owned or controlled by UTM and UTM shall have no responsibility for their correctness or availability. In addition, UTM shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of such third party sites, tools and materials.

3. Restrictions on use

3.1 UTM grants you a revocable, non-exclusive right to access and use the damaiminda.my website subject to the following conditions:

a. The damaiminda.my website is not a medical device and should not be used as a substitute for qualified medical advice. It is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health. You will be solely responsible for all decisions and actions taken or not taken involving medical diagnosis, treatment and care resulting from or in any way related to the use of the damaiminda.my website.

b. You may access and use the damaiminda.my website in the manner permitted in these Terms of Use only. Except as otherwise provided in this Terms of Use, the damaiminda.my website may not be copied, distributed, reproduced, republished, uploaded, transmitted, or otherwise modified in any way, without the prior written permission of UTM.

c. You may use the damaiminda.my website solely for your personal, non-commercial use. You shall not rent, lease, lend, sell, trade, distribute or license the damaiminda.my website.

d. You shall not use the damaiminda.my website for the principal purpose of advertising or promoting a particular product or service without the prior written permission of UTM.

e. You shall not use the damaiminda.my website in a way that suggests any official status or that UTM or UTM’s contributors endorses you or your use of the damaiminda.my website without UTM’s prior written consent.

f. You shall not make any deletions, additions, adjustments, alterations, adaptations or modifications to the damaiminda.my website. You acknowledge and agree that any deletion, addition, adjustment, alteration, adaptation or modification of this the damaiminda.my website is a violation of intellectual property rights and other related rights subsisting therein.

g. You must secure permission from UTM prior to hyperlinking to, or framing, the damaiminda.my website or any of its contents, or engaging in similar activities. UTM reserves the right to impose conditions when permitting any hyperlinking to, or framing of the damaiminda.my website or any of its contents.

h. You agree that you will comply with the Malaysian Personal Data Protection (Amendment) Act 2024 (“PDPA”) and/or any other applicable law relating to data privacy or confidentiality, and will not cause UTM to be in breach of such laws.

i. You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the damaiminda.my website or any part thereof. 

j. You agree to use the damaiminda.my website in compliance with all applicable laws.

4. Disclaimers against Warranties, Representations and Liabilities

4.1 The damaiminda.my website is provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, UTM does not make any representations or warranties whatsoever and hereby disclaims all express, implied and statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:

a. any representations or warranties as to the accuracy, completeness, reliability, timeliness, currency, quality or fitness for any particular purpose of the damaiminda.my website; and

b. any representations or warranties that the damaiminda.my website shall be error-free or shall be available without interruption or delay, or that any defects shall be rectified or corrected, or that the damaiminda.my website is and will be free of all viruses and other harmful elements.

4.2 UTM shall not be liable to you or any third party for any damage or loss whatsoever, including but not limited to direct, indirect, punitive, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, modem or other property, arising directly or indirectly from:

a. your access to or use of the damaiminda.my website;

b. any loss of access to or use of the damaiminda.my website, howsoever caused;

c. any inaccuracy or incompleteness in, or errors or omissions arising from the damaiminda.my website;

d. any delay or interruption in the transmission of the damaiminda.my website, whether caused by delay or interruption in transmission over the internet or otherwise; or

e. any decision made or action taken by you or any third party in reliance upon the damaiminda.my website, regardless of whether UTM has been advised of the possibility of such damage or loss.

4.3. You shall not rely on the damaiminda.my website to claim or assert any form of legitimate expectation against UTM, whether procedural or substantive in nature, in respect of any action that UTM may or may not take in the exercise of its discretion.

4.4. CAUTION: YOU FURTHER ACKNOWLEDGE THAT THE damaiminda.my website, RECOMMENDATIONS, AND RELATED SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE. AND THE damaiminda.my website, RECOMMENDATIONS, AND RELATED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE RECOMMENDATIONS, CONTENT, DATA OR INFORMATION PROVIDED BY, THE damaiminda.my website COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL HARM OR ANY FORM OF HARM OR DAMAGE. 

5. Indemnity

5.1 You agree to hold harmless and to fully indemnify UTM and/or UTM contributors to the development and operation of the damaiminda.my website (such UTM contributors as determined by UTM), from any and all claims, demands, losses, liabilities, costs, and expenses (including but not limited to legal costs) against UTM and/or UTM contributors arising directly or indirectly from your use of this website, your breach of this Terms of Use, or any infringement claim by any third party resulting in damage and/or loss to UTM and/or UTM contributors, as the case may be.

6. Availability, Right of Access, Changes and Contents

6.1 UTM may at any time terminate or suspend the availability, access, operation of the damaiminda.my website or all or any of its contents for any period of time without any prior notice, whether for the purposes updating and upgrading or system maintenance or otherwise.

6.2 UTM reserves all rights to deny or restrict access to the damaiminda.my website by any person, or to block access from a particular internet address, at any time without prior notice and without ascribing any reason whatsoever.

6.3 The damaiminda.my website may be changed, modified, edited, removed or withdrawn by UTM at its absolute discretion and at any time without prior notice.

6.4 You shall obtain your own professional and/or legal advice relevant to your particular circumstances and conduct all necessary due diligence, including but not limited to making such investigations or seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning the damaiminda.my website. The damaiminda.my website does not cover all information available on a particular issue. The damaiminda.my website is not intended to be responsive to, inclusive of, or consistent with, any other sources of information available on any matters that may be addressed by or referred to by the damaiminda.my website.

6.5 The damaiminda.my website may contain hyperlinks to websites which are not maintained by UTM. UTM is not responsible for the contents or reliability of those websites and does not necessarily endorse the views expressed in them. UTM has no control over and cannot guarantee the accessibility or proper functioning of those websites. Further, UTM shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of those websites or third party information and materials. Use of the hyperlinks and access to those websites and materials are entirely at your own risk.

7. Security

7.1 UTM, as appropriate, uses available technology for the protection of the security of any communications made via the damaiminda.my website. UTM does not, however, accept any liability for the authenticity, confidentiality, integrity, and security of any communications and other transactions made through the damaiminda.my website. Internet communications may be susceptible to interception or interference by third parties.

8. Proprietary rights.

8.1 The materials contained in the damaiminda.my website, including all the information and software programmes are protected by copyright, trademark, and other forms of proprietary rights. All rights, title, and interest therein are licensed to and/owned and controlled by UTM.

9. Data Protection Policy.

9.1 The full version of the Data Protection Policy applicable to the damaiminda.my website, can be viewed at a link on its main screen.

10. Governing Law

10.1 These Terms of Use shall be governed and construed in accordance with laws of Malaysia. Subject to paragraphs 10.2 and 10.3 below, any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved in the Malaysian Courts and the parties hereby submit to the exclusive jurisdiction of the Malaysian Courts. UTM reserves the right to commence or maintain any proceedings for such dispute in the court of any country claiming or having jurisdiction in respect thereof and you irrevocably waive any objections you may have to such proceedings being brought before any such court.

10.2 UTM may, at its sole discretion, refer any dispute referred to in paragraph 10.1 above to arbitration administered in Malaysia in accordance with the arbitration rules of Malaysia for the time being in force, which rules are deemed to be incorporated by reference in this clause. Further:

a. The seat of the arbitration shall be Malaysia.

b. The tribunal shall consist of one (1) arbitrator.

c. The language of the arbitration shall be English/Malay.

10.3 Where UTM is the defendant or respondent, it shall be given at least 30 days before the commencement of any legal action against it to elect to exercise the right herein to have the dispute submitted to arbitration. This right to elect shall not prejudice UTM’s right to a limitation defence and the period to exercise the right shall not be abridged by reason of any accrual of a limitation defence in favour of UTM during the said period.