TERMS OF USE

 

1. INTRODUCTION

 

1. The Podcast is operated by operated by doctorsays360 (“the Podcast”). By using the Podcast, you are entering into a binding contract with us.

 

2. The Podcast is provided to you on an “as is”, “as available”, and “with all faults” basis without warranty of any kind.

 

3. By accessing and/or using the Podcast, you understand and agree that you are deemed to have agreed to be bound by the Terms of Use in its entirety.

 

 

2. DEFINITIONS

 

In these Terms of Use,  unless inconsistent with the context or otherwise specified, the following expressions shall have the meanings set forth below:

   

 

      “Content”            means the content managed, provided, created by us and/or its content provider which includes without limitation all forms of text, graphics, video, audio, files, data, images, photographs, pictures, streams, news, live feeds and information made available on the Podcast

                                   

     “User/you/            means an individual who is accessing and/or viewing the contents

      yours”                  on the Podcast

 

“Stream”               means a contemporaneous digital transmission of an audio-visual or audio work via the Internet from the Podcast to a User’s device in such a manner that the data is intended for real-time viewing or listening and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

 

      “Post/Posted”    means to publish, display, submit and/or upload.

  

 

     C. OUR SERVICES IN GENERAL

 

1. We reserve the right to limit and/or prohibit your use and/or access to any of the contents on the Podcast at our absolute discretion and shall not be liable for any such limitation or prohibition.

 

2. We may charge or discontinue any aspect of the contents on the Podcast at any time, without any prior notice to you, and without any liability to you.

 

3. While we endeavour to ensure the utmost accuracy, we represent and warrant that the contents and/or information provided in any part of the Podcast may contain inaccuracies and/or errors, whether technical, typographical or otherwise.

 

4. We may change or update the contents and/or information on the Podcast without any notice or liability to you.

 

 

D.     LICENSING

 

1. The contents and/or information on the Podcast constitutes a limited, non-exclusive, revocable licence to make personal, non-commercial use of the said contents and/or information.

 

2. Subject to your strict compliance with the Terms of Use herein, the Podcast grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to:

 

1. Access the contents (audio or video) streamed from the Podcast;
2. Access the contents (audio, written or video) posted on the Podcast;
3. Participate in any social features or communicate with other users of the Podcast.

 

E.     YOUR INFORMATION

 

1. You may access and/or use any of the contents and/or information on the Podcast upon the provision of some personal data and particulars.

 

2. In such circumstances, you represent and warrant that all information furnished by you to us are true, current, complete and accurate in every material aspect and are not false, misleading, deceptive, defamatory and/or unlawful.

 

3. We may but have no obligation, whether express or implied, to verify the accuracy and authenticity of the information provided by you.

 

4. We reserve the right to suspend, revoke, and/or terminate your access to any or all of the Podcast materials if it is found and/or suspected that the information provided by you is untrue, inaccurate, not current or incomplete.

 

 

F.     USE OF CONTENT ON THE PODCAST

 

1. All contents and/or information and/or materials provided on the Podcast are owned by us or licensed to us, and constitute our intellectual property under the law. We reserve the right to charge for your access to any or all parts of the Podcast at our absolute discretion.

 

2. As stated in paragraph A2 above, all contents and/or information and/or materials provided on the Podcast are provide to you on an “as-is” basis and is for personal use only.
3. Unless specifically agreed in writing, they are not to be re-used, reproduced, transmitted, distributed, broadcasted, displayed, performed or otherwise exploited in any way by you, except where the contents and/or information and/or materials are configured to enable the download of the same wherein you may download one copy of such contents and/or information and/or materials for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices, make no modifications to the contents and/or information and/or materials, and do not use the contents and/or information and/or materials in a manner that suggests an association with any commercial products, services or brands by the Podcast.

 

4. You further agree not to engage in the use, copying, distribution of contents and/or information and/or materials on the Podcast other than expressly permitted herein including any use, copying or distribution for any commercial purpose whatsoever.

 

5. You agree that we are not responsible and/or liable for the accuracy, usefulness, safety, authenticity or veracity of the contents and/or information and/or materials on the Podcast.

 

6. You further acknowledge and understand that you as the user may be exposed to contents and/or information and/or materials that are inaccurate, outdated, or otherwise and agree to waive any legal or equitable remedies or rights which you may have against us and with respect thereto, agree to indemnify the Podcast to the fullest extend allowed under the law regarding all matters relating and ancillary to your use and/or access of contents and/or information and/or materials on the Podcast.

 

7. You agree to notify the Podcast immediately in writing of any unauthorised use of the Podcast wherein we cannot and shall not be liable for any loss or damage arising from any failure to notify us in accordance with this provision.

 

8. You agree to abide by all applicable local, state, and national laws of Malaysia. Recognizing the global nature of the Internet, you also agree to comply with all local laws, regulations and rules governing online conduct and communication of the country in which you reside. Where there is a conflict of jurisdiction in the event of any dispute, Malaysian law shall prevail.

 

9. You are obliged to comply with the requirements of Malaysian law including but not limited to the Malaysian Communications & Multimedia Content Code.

 

10. Where charges are applicable, you agree to be responsible for the payment of all applicable charges incurred as a result of your use of the Podcast which includes the use or misuse by an unauthorised third party by any error or any accidental use.

 

 

 

 

 

 

G.   DISCLAIMER AND LIMITATON OF LIABILITY

 

11. You agree and acknowledge that resources made available on the Podcast, are for general guidance only, and that nothing on the Podcast is intended to constitute professional legal, medical or any other type of professional advice to anyone.

 

12. You agree and acknowledge that users of the Podcast should not use the Podcast to treat or diagnose a medical condition and should never ignore medical advice or delay seeking it because of something on the Podcast.

 

13. You agree and acknowledge that the Podcast disclaims all liability (including for negligence) for any loss, damage or injury resulting from reliance on or use of any information on the Podcast.

 

14. The Podcast, its contributors, and its affiliates are not liable for any loss, claim, damage, expense, injury, whether direct or indirect (including consequential loss and loss of profits) howsoever incurred (including in tort), caused or contributed to by any person's use or misuse of the information available from the Podcast or contained on any third party website that you accessed through a link contained on the Podcast.

 

15. You agree and acknowledge that the Podcast shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this website. The information contained in any such materials is not intended nor implied to be a substitute for professional medical advice nor is it intended to be for medical diagnosis or treatment.

 

16. You shall indemnify and keep the Podcast indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by the Podcast regardless of whether they are reasonable, foreseeable or avoidable, arising directly or indirectly from any breach or alleged breach by you of any of these terms.

 

 

H.   TERMINATION

 

17. The Podcast reserves the right to cancel, withdraw, suspend or terminate your use/access to the Podcast at its absolute discretion.

 

18. In furtherance to the above, the Podcast may, in its absolute discretion, withdraw, suspend or terminate your access to the Podcast if the following is found or suspected: 

 

1. Fraudulent use; or 
2. Material violation of the terms herein, any applicable law, rule or regulations; or
3. Use of the Podcast which impairs or threatens the integrity of functionality of the Podcast.

 

19. You agree and acknowledge that the Podcast shall not be liable to you or any third party for any cancellation, withdrawal, suspension or termination of your use and/or access to the Podcast.

 

20. You agree and acknowledge that the Podcast may remove, suspend and/or delete any contents and/or information and/or materials on the Podcast at its absolute discretion without notice to you.

 

      I.   JURISDICTION

 

21. This Terms of Use shall be governed by the exclusive jurisdiction of Malaysia to resolve any disputes arising from this Terms of Use.

 

22. Notwithstanding this, you agree and acknowledge that the Podcast may still apply for injunctive or other legal remedies in any jurisdiction.

 

Any failure to insist upon or enforce strict performance of the terms herein shall not be construed as a waiver of any kind unless acknowledged or agreed to in writing.