These Terms of Use shall apply when you contribute any content to the Podcast , doctorsays360 (hereinafter referred to as “the Podcast”).

 

1. Definitions and Interpretations

1. “Agreement” refers to the terms and conditions stated herein as may be varied, amended or augmented from time to time.
2.  “the Medical Act” refers to the Medical Act 1971 (and any relevant amendments provided in the Medical (Amendment) Act 2012 shall apply in this Agreement wherever necessary);
3. “the Regulations” refers to the Medical Regulations 1974;
4. “the MASA Act” refers to the Medicines (Advertisement and Sale) Act 1956;
5. “the Code of Conduct” refers to the Code of Professional Conduct 2019.

 

2. Your Representations and Warranties

1. You represent and warrant to the Podcast that at all times during the subsistence of this Agreement, you hold and possess the necessary qualification, registration and accreditation of a fully licensed medical practitioner in accordance with the provisions of the Medical Act whereby you are qualified to provide your professional opinion and/or medical advice and/or information as a Contributor on the Podcast.

 

2. You represent and warrant to the Podcast that at the time of entering this Agreement, you hold and possess the necessary qualification, registration and accreditation of a fully licensed medical practitioner in accordance with the provisions of the Medical Act whereby you are qualified to provide your professional opinion and/or medical advice and/or information as a Contributor on the Podcast.

 

3. In the event that you are, for any reason whatsoever, no longer in possession of the necessary qualification, registration and accreditation of a fully licensed medical practitioner, you shall notify us in writing in seven (7) days from the loss and/or removal and/or dispossession of the said qualification, registration and accreditation.
4. In such circumstances as stated in paragraph 2(c), the Podcast reserves the rights to register you as a non-practicing contributor on the Podcast, or terminate this Agreement altogether.

 

5. In the event that you fail to notify the Podcast in accordance to paragraph 2(c), the Podcast reserves the right to terminate this Agreement and delete and/or remove all contents contributed by you or retain the contents thereof.

 

6. You will only provide medical advice and/or your medical opinion which is accurate, credible, valid, and proven or substantiated with adequate medical research and at all times conduct yourself in accordance to all the provisions of the Medical Act, the MASA Act, the Code of Conduct and any other laws and regulations binding upon medical practitioners in Malaysia as may be amended from time to time.

 

7. You will not make any representations to our users and/or audience which are contrary to or inconsistent with any of the provisions of the Medical Act or MASA Act or the Regulations and/or any other laws and regulations as are relevant.

 

8. You will not advertise any medical article in terms which are calculated to lead to the use of the article for the achievement of any of the following effects:

1. as a medicine, appliance or remedy for the purpose of prevention or treatment of the diseases and or conditions of human beings as specified in the Schedule of the Medical Act;
2. contraception among human beings;
3. improving the condition or functioning of the human kidney or heart or improving the sexual function or performance of human beings;
4. diagnosis of a disease as specified in the Schedule of the Medical Act.

 

1. You will not advertise any article for the procuring of miscarriage and/or abortion of women.

 

10. You will not advertise any skill or service relating to the treatment, prevention or diagnosis of any ailment, disease, injury or condition affecting the human body which you may perform, or invite whether expressly or impliedly any person to seek your advice for such skill or service.

 

11. At all times during the subsistence of this Agreement, you will comply with the provisions of the MASA Act and the Regulations.

 

50. You will conduct yourself with professionalism and good manners that is compatible with the integrity of the medical profession;

 

1000. You will present and maintain a professional and neat image befitting of your position as a medical practitioner by adopting and maintaining formal and/or business attire, grooming and hygiene during any appearances on the Podcast;

 

14. You will not use profanities, vulgarities, offensive language during any interviews and/or appearances with the Podcast;

 

• You will not express or make statements and/or comments which contains elements of racism, politics, religion, gender discrimination, or are in any other context derogatory or offensive to another during any interviews and/or appearances with the Podcast;

 

16. You will not make statements which give the effect of promoting, recommending, lauding, criticizing or in any way refer to any other commercial products and/or services which may be construed by third parties as substitutes for professional medical advice;

 

17. You will not conduct yourself, whether through action or speech, in any way which may expose the Podcast to any legal action, proceedings or liability.

 

18. You may reproduce or reuse the provisions of content on the Podcast on any other channel or platform provided it is done in a manner which is in accordance with the provisions herein. 

 

           

3. Your Acknowledgements

You acknowledge and agree that at all times during the subsistence of this Agreement that:  

 

1. You grant the Podcast an irrevocable, exclusive, perpetual license to publish, commercialize, monetize, copy and license the information, content, material and/or advice provided by you [on any platform or in any form/manner as the Podcast deems fit.

 

2. You agree that the Podcast has an absolute right to structure and/or place advertisements and/or alter and/or modify and/or edit and/or manage the contents of the Podcast in any manner as it deems fit.

 

3. You grant us as stated in item 3(a) above the right to use, adapt and share for any purpose the information, content, material and/or advice provided by you on the Podcast to any third parties.

 

4. This license survives the termination of this Agreement by you or the Podcast and the Podcast is at liberty to remove or amend the information, content, material and/or advice provided by you in the event they are found to be in breach of your Representations and Warranties as in Part 2 of this Agreement.

 

5. The Podcast reserves the right to edit, amend, delete, augment, vary or remove any content provided or created by you for whatsoever reason including but not limited to where the Podcasts determines at its absolute discretion that such content is offensive, abusive, defamatory, pornographic, threatening, obscene, or advocates or incites violence or any form of impropriety or inappropriate.

 

6. You are solely responsible for the information, content, material and/or advice contributed by you on the Podcast and you recognize that the role of the Podcast is one of publisher only.

 

7. The Podcast reserves the right to edit, amend, delete, augment or vary the terms and conditions herein set out at our absolute discretion at any time with reasonable notice to you via electronic means in accordance with item 9 below. In such circumstances, your continued contribution on the Podcast constitutes your acceptance of the new terms and conditions and you shall be bound by the same.

 

8. In the event that you should object to the amendment, deletion, augmentation or variation of the terms and conditions of this Agreement, your sole option is to terminate the Agreement by giving us thirty (30) days written notice via electronic means in accordance with item 9 below.

 

4. Your Duties and Obligations

1. Your duties and obligations shall be those commonly associated with your position as a contributor to the Podcast.

 

2. You will contribute information, content, material and/or advice within the agreed medical and healthcare topics, chapters or episodes as the case may be to the best of your knowledge in your capacity and experience as a medical practitioner.

 

3. You shall not at any time during the subsistence of this Agreement engage directly or indirectly in any other business or occupation whatsoever of a similar nature with or which is detrimental to the interests and/or reputation of the Podcast.

 

4. In addition to accuracy and veracity, you will ensure that any statement, information, content, material and/or advice which is contributed by you on the Podcast is:

1. Lawful;
2. Not uploaded for an improper purpose;
3. Not misleading or deceptive or likely to mislead or deceive;
4. Does not contain information that is defamatory, fraudulent, or would otherwise expose you and/or the Podcast to any liability, legal proceedings or disciplinary proceedings.

 

5. Termination or Suspension

1. In the event that any of the representations and/or warranties made by you are found to be incorrect or if you are found to have breached any of the terms herein or any relevant provisions under the law in your capacity as a contributor to the Podcast, we may terminate or suspend this Agreement. 

 

2. The Podcast reserves all its rights and remedies against you as allowed under the law for any such misrepresentation or breach of contract by you.

 

3. You may terminate this Agreement if it is found that we have committed any material breach of our obligations under this Agreement by providing us a written notice of thirty (30) days in advance of your desired date of termination.
4. In the event of termination, all content on the Podcast contributed by you remains the intellectual property of the Podcast, and you shall undertake no legal action against the Podcast to recover the rights to the said intellectual property.

 

6. General Provisions relating to Rights and Remedies

1. Any delay or failure by either party to enforce the terms of this Agreement will be deemed a waiver or prejudice the rights of the party.

 

2. The rights afforded to each party in this Agreement are in addition to other rights and remedies given by the law and equity which are separate and independent of this Agreement.

 

7. Limitation and Indemnity of Liability

1. The Podcast shall not be liable to you for any damages, losses or liabilities arising from this Agreement.

 

2. You agree to indemnify the Podcast and its officers, employees and/or agents against any direct or consequential liabilities, losses, damages, expenses and costs incurred or suffered by the Podcast or you as a result of any claim or proceedings instituted by third parties against the Podcast or you in connection to this Agreement or any information, content, material and/or advice provided by you as a contributor of the Podcast.

 

3. This indemnity continues as a separate and independent obligation on your part and survives the termination of this Agreement for whatsoever reason.

 

8. Assignment

You may not, under any circumstances, assign this Agreement to any other individual save and except with our written consent.

 

9. Notices

1. All notices and communications to you from the Podcast shall be made to the email address provided by you to the Podcast, whereby it shall be your responsibility to ensure that the said email address is current and accurate.
2. All notices and communications from you to the Podcast shall be made to (please insert) and addressed to (please insert).

 

10. Remuneration

There shall be no remuneration whatsoever for your contributions on the Podcast. Your contributions shall include but are not limited to inclusions or links to any other contents on any other platforms or mediums to which you have rights to.

 

You agree that there shall be no money claims for your provisions of content whatsoever at any point in time against the Podcast.

 

11.  Access

You agree that the Podcast has the absolute right and discretion to allow and/or reject and/or suspend and/or reinstate your access and/or contribution(s) to the Podcast as it deems fit at any point in time without notice to you.

 

12. Governing Law

This Agreement shall be governed by the laws of Malaysia and both parties submit to the exclusive jurisdiction of the Courts of Malaya.