We reserve the right, in our sole discretion, to make additions, deletions, changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and we will use reasonable efforts to notify you in advance of the effective date of any changes. Change notices may be communicated by expressly designated legal notices or terms located on particular parts of the ARiCa Web App and the ARiCa website. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and Conditions by your continued use of the ARiCa™ after the date such revised Terms are posted.

The information provided on the ARiCa™ is not intended for distribution or use by any person or entity in any jurisdiction or country outside of Malaysia where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the ARiCa™ from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The ARiCa™ is intended for users who have already registered his/her account with us. Persons that have not registered any account in ARiCa™ are not allowed to use the ARiCa™. 

SCOPE OF SERVICES AND FUNCTIONS OF THE ARICA™ 

The ARiCa™’s embedded statistical model collects data entered by Healthcare Specialists for the calculation of an individual’s BRCA risk score. The collected data and the associated BRCA risk scores are captured and stored in a server database. Data stored in the server database is capable of being retrieved, generated and saved as reports in pdf (“ARiCa™ Reports”). Healthcare Specialists may download, print and thereafter email or transmit ARiCa™ Reports to the individuals concerned and other Healthcare Specialists using the inmailing functions in their account.

Notwithstanding the above, the ARiCa™ merely provides an educational and informational tool. Its functions do not extend to the provision of genetic testing and genetic counselling. You acknowledge and agree that it is genetic testing itself that influences the diagnosis, prevention, management and treatment of breast cancer. Healthcare Specialists are to use the Services and functions of the ARiCa™ in accordance with these Terms and Conditions.

The ARiCa™’s functionalities do not extend to enabling or allowing or permitting users to chat, submit, post, share, display or transmit User Contributions (as hereinafter defined) other than through the inmailing functions in their account. The ARiCa™ does not have features such as public discussion forums, community groups, any social media wall or such other functionalities that enable the public submission, posting, sharing, display or transmission of User Contributions. Users are to comply with all prohibitions and /or restrictions in respect of the foregoing stipulated in these Terms and Conditions.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the ARiCa™ is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the ARiCa™ which shall exclude User Contributions (collectively, the “Contents”) and the trademarks, service marks,

and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights laws of Malaysia. The Contents and the Marks are provided on the ARiCa™ “AS IS” without any warranties, whether express or implied solely for your use of the Services.

These Terms and Conditions do not convey any rights of ownership or any other intellectual property license or right in or related to the ARiCa™ or any part of the ARiCa™, the Contents and the Marks or any intellectual property rights owned by us and /or our licensors unless expressly stated so. You acknowledge and agree that nothing in these Terms and Conditions, permits or allows for any part of the ARiCa™ and/or the Contents or Marks to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.

All rights not expressly granted to you in and to the ARiCa™, Contents and the Marks are reserved by us and/or our licensors.

USER REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (1) you are a Healthcare Specialist and that all information and documentation including without limitation your name, medical qualifications, specialization, NRIC /passport or other identification documentation, place of work i.e. profiles of the hospital or clinic that you are attached to and contact information that you submit for the registration of an account will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and you will promptly inform us if your registration information is not up-to-date so that we can update such registration information for you as necessary; (3) you have the right, authority and legal capacity to register for an account and to use the Services offered through the ARICA and you agree to comply with these Terms and Conditions; (4) you will not access the ARiCa™ through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the ARiCa™ for any illegal or unauthorized purpose; and (6) your use of the ARiCa™ for the Serviceswill not violate any applicable laws or regulations and will not expose us to any liabilities or claims whatsoever.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the ARiCa™ (or any portion thereof).

USER REGISTRATION

You are allowed to register to use the ARiCa™ if you are a Healthcare Specialist with a medical license number as well as an active annual practicing certificate . You shall not use the name, qualifications or credentials of another person when registering. We reserve the right to approve, refuse, suspend or cancel your registration, remove or reclaim your account, if we determine, in our sole discretion, that the registration information provided is fraudulent, that the account is fake, inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENTS

At this time, you may access and use the Services provided by the ARiCa™ without charge, but you are responsible for procuring all equipment and services needed to connect to the Services (such as, for example, computers, laptops or mobile devices owned or controlled by you (collectively “Devices”), Internet services and cellular data services). Should we charge any fees in the future for access and usage of the Services, we shall update these Terms and Conditions accordingly.

USER CONDUCT AND PROHIBITED ACTIVITIES

Subject to you complying with these Terms and Conditions, you are granted a revocable, non-exclusive, non-transferable, limited license to access and use the Services provided through the ARiCa™ . We reserve the right to revoke this license and/or to deny or suspend your use of the Services and/or the ARiCa™ or any portion thereof for any reasons.

You agree to comply with and be bound by the following:

1. You will keep your username and password confidential and will be responsible for all use of your account and password at all times.

2. You will not permit or allow any other person to use your identity or account. You are solely responsible for your use of the Services, for any User Contributions that you submit, post, share, display or transmit through the inmailing functions in your account, for all activities and anything that occurs through your account and for any consequences thereof. You agree to inform us of any actual or threatened breach of security, including without limitation any unauthorized access of your account.

3. You will access and use the Services only for informational and educational purposes to raise awareness and improve the knowledge and understanding of individuals on their risks of having a BRCA gene alteration and for making referrals or recommendations for healthcare services to be provided to individuals.

4. You acknowledge and agree that the ARiCa™ is not a medical device and that the provision of Healthcare Services (as defined in these Terms and Conditions) is not within the scope of Services provided through the ARiCa™. You are not to construe and/or use or attempt to use the ARiCa™ as a medical device and/or as a platform to provide Healthcare Services. You will not otherwise use the ARiCa™ in any manner that exceeds the scope of use of the Services.

5. You agree that you will not use the ARiCa™ as a platform to interact or communicate with other Healthcare Specialists and /or individuals to schedule appointments for the provision of consultations to individuals and/or to prescribe genetic tests or genetic counselling or medication or products through the ARiCa™. You agree that we do not participate in the interaction between you and other Healthcare Specialists and/or individuals for the provision of Healthcare Services and that we do not have control over and are not responsible for the quality, reliability, timing, pricing, risks, legality, integrity, authenticity, accuracy, appropriateness, provision or failure to provide or responsiveness of the information provided by Healthcare Specialists in the provision of Healthcare Services.

6. You agree and acknowledge that your use of the Services, your emailing or transmission of any User Contributions using the Services and any communication and interaction with other Healthcare

 

 

Specialists and individuals by using the Services offered through the ARiCa™ is at most a form of social interaction and sharing of knowledge, information and experiences about health issues and no professional /working relationship and/or doctor patient relationship exists by doing so.

7. You will not advise, diagnose or treat any person at any time based on the Contents, information or material that is contained in the ARiCa™ or that you receive through the Services. At all times, you as a Healthcare Specialist remain solely responsible for your decisions /determination as to whether individuals are required to go for genetic testing and/or genetic counselling and for any medical advice, diagnosis and Healthcare Services that you provide. We are not liable in any way for any misdiagnosis, acts or omissions on your part and /or unsatisfactory provision of Healthcare Services. All Healthcare Specialists who are users of the ARiCa™ are independent providers /contractors and are not employed by or affiliated with us in any way.

 

In addition, without limitation, as a user of the ARiCa™, you agree not to:

1. Systematically retrieve data or other Contents from the ARiCa™ to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, make any modification, adaptation, improvement, enhancement, translation, or derivative work from the ARiCa™.

2. Make any unauthorized use of the ARiCa™, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating accounts by automated means or under false pretenses.

3. Use a buying agent or purchasing agent to make purchases on the ARiCa™.

4. Use the ARiCa™ to advertise or offer to sell goods and services.

5. Circumvent, disable, or otherwise interfere with security-related features of the ARiCa™, including features that prevent or restrict the use or copying of any Contents or enforce limitations on the use of the ARiCa™ and/or the Contents contained therein.

6. Engage in unauthorized framing of or linking to the ARiCa™.

7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as usernames and user passwords;

8. Make improper use of our support services or submit false reports of abuse or misconduct.

9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10. Interfere with, disrupt, or create an undue burden on the ARiCa™ or the networks or services connected to the ARiCa™, make the ARiCa™, available over a network or other environment permitting access or use by multiple devices or users at the same time.

11. Attempt to impersonate another user or person or use the username of another user or otherwise misrepresent yourself, your affiliation with any person or entity.

12. Register for more than one account, register for an account on behalf of an individual other than yourself.

13. Sell, license or otherwise transfer or assign your account, profile, username or any account rights.

14. Use any information obtained from the ARiCa™ in order to harass, abuse, or harm another person.

 

 

15. Use the ARiCa™ as part of any effort to compete with us or otherwise use the ARiCa™ and/or the Contents for any revenue-generating endeavor or commercial enterprise or other purpose for which it is not designed or intended such as using the platform for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the ARiCa™.

16. Decipher, decompile, decode, disassemble, or reverse engineer, alter or modify any of the software comprising or in any way making up a part of the ARiCa™, reassemble or attempt to derive the source code of, or decrypt the ARiCa™.

17. Attempt to bypass any measures of the ARiCa™ designed to prevent or restrict access to the ARiCa™, or any portion of the ARiCa™.

18. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the ARiCa™ to you.

19. Delete the copyright or other proprietary rights notice from any Contents, remove, alter, or obscure any proprietary notices (including any notice of copyright or trademark) posted by us or the licensors of the ARiCa™.

20. Copy or adapt the ARiCa™’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

21. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the ARiCa™ or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the ARiCa™.

22. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

23. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the ARiCa™, or using or launching any unauthorized script or other software.

24. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the ARiCa™.

25. Use the ARiCa™, to send automated queries to any website or to send any unsolicited commercial e-mails;

26. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the ARiCa™.

27. Access the ARiCa™, by any means other than through the interface provided by us for use in accessing the Services

28. Use the ARiCa™ in a manner inconsistent with any applicable laws, rules or regulations so as to result in a violation of such applicable laws, rules or regulations in connection with your access or use of the ARiCa™.

 

USER CONTRIBUTIONS, PERSONAL DATA PROTECTION AND CONFIDENTIALITY

You are solely responsible for the messages, text, notes, ARiCa™ reports, content, information, materials, pictures, images, photographs, graphics, videos, links that you email or transmit using the inmailing function of your account (“User Contributions”). Where your User Contributions comprise of Personal Information, you consent to us using and processing the Personal Information for the purposes and in the manner as set out in our Privacy Policy. For the purposes of this Agreement, Personal Information and sensitive personal data has the meaning as defined in our Privacy Policy. When you email or transmit any User Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Contributions does not and will not infringe the intellectual property rights of any third parties, including but not limited to copyright, patent, trademark, trade secret, design rights or moral rights provided under applicable laws and regulations.

2. You are the creator and owner of all intellectual property rights or have the necessary assignments, licenses, rights, consents, authorizations, waivers, releases, and permissions from all third parties involved to authorize us to use your User Contributions in accordance with these Terms and Conditions.

3. You have procured the necessary written consent, authorization, release, waiver and/or permission of each and every identifiable individual for our collection, use and processing of such individual ’s Personal Information derived from your User Contributions in the manner as set forth in our Privacy Policy. Specifically, in relation to sensitive personal data, you have procured the explicit consent of all individuals involved. If so required, you would be able to provide to us such signed express consent /authorization forms of all individuals identifiable by such Personal Information in any manner as may be determined by us.

 

4. Your collection, handling, accessing, processing and disclosure of Personal Information is not in breach or contravention of the Personal Data Protection Act 2013 (“PDPA”), the Public Healthcare Facilities and Services Act 1998 (“PHFSA”), Confidentiality Guidelines issued by the Malaysia Medical Council (“MMC”) and any other applicable laws, regulations, codes of practice and guidelines and that as a Healthcare Specialist providing Healthcare Services, you have in place your own privacy practices which are in compliance with the foregoing applicable laws and regulations. 5. You are solely responsible for ensuring that you email /transmit your User Contributions (which include Personal Information) to the intended and/or correct recipients.

6. Your User Contributions are not false, inaccurate, or misleading.

7. Your User Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

8. Your User Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

9. Your User Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

10. Your User Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

11. Your User Contributions do not violate any applicable laws, regulations, or rules.

12. Your User Contributions do not violate the privacy or publicity rights of any third party.

13. Your User Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your User Contributions do not otherwise violate, or link to material that violates, any provision of our Privacy Policy, these Terms and Conditions, or any applicable laws or regulations.

 

Any use of the ARiCa™ in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the ARiCa™.

LICENSE TO USE USER CONTRIBUTIONS

The ARiCa™ is open to Healthcare Specialists who have a medical license with an active annual practicing certificate. Therefore, to ensure the privacy of your Account Information (as defined in our Privacy Policy) and the Personal Information of other persons please exercise care in emailing /transmitting your User Contributions and please do not include anything in your User Contributions that you wish to keep private and/or for which you do not have the necessary written consent, authorization, release, and/or permission of identifiable individuals to disclose. Please also do not include anything in your User Contributions of which you are not the creator and owner of the intellectual property rights or of which you do not have the necessary assignments, licenses, consents, authorizations, waivers and releases of the third parties who own the intellectual property rights.

By emailing /transmitting your User Contributions using your inmailing function in your account, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Contributions and to prepare derivative works of, or incorporate into other works, such User Contributions and to use such User Contributions for any other purposes whatsoever, whether at present or in the future. Notwithstanding the foregoing, Personal Information derived from such User Contributions shall be subject to such protections, restrictions, limitations, exclusions and prohibitions pertaining to Personal Information as provided under our Privacy Policy, the PDPA and all applicable personal data regulations.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your User Contributions, and you warrant that moral rights have not otherwise been asserted in your User Contributions. This license to retain and use your User Contributions in the manner specified herein is subject to the Term and Termination Clause of this Agreement. Retention of Personal Information is specifically subject to our retention policy under our Privacy Policy.

We do not assert any ownership over your User Contributions. You retain full ownership of all of your User Contributions and any intellectual property rights or other proprietary rights associated with your

User Contributions. We are not liable for any statements or representations in your User Contributions . You are solely responsible for your User Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any data included in your User Contributions which we shall utilize for the purposes of research and publication; and (2) to re-categorize any User Contributions to place them in more appropriate locations on the ARiCa™ backup server (E.g. store data in backup server);

FEEDBACK LICENSE

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other recommendations regarding the ARiCa™ and regarding any possible corrections, changes, improvements or extensions related to the Services ("Feedback") provided by you to us in any form or by any means (whether through the Services, or by direct communication (e.g., e-mail) with Cancer Research Malaysia or any of its officers, directors, employees, representatives, agents or business partners) are non-confidential and shall become our sole property. You acknowledge and agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby represent and warrant that any such Feedback is original with you and does not include your own or any third party’s confidential or proprietary information or Personal Information; or that you have the right to submit such Feedback by having obtained the necessary written consent, authorization, release, waiver and/or permission of each and every identifiable individual person. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

ARICA™ MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the ARiCa™ for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates all applicable laws, rules or regulations or this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, remove, delete or disable (to the extent technologically feasible) any of your User Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the ARiCa™ or otherwise disable all files and Contents that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the ARiCa™ in a manner designed to protect our rights and property and to facilitate the proper functioning of the ARiCa™.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the ARICA™. WITHOUT LIMITING ANY

OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ARICA™ (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY USER FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION, REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES, A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS), DISCONTINUANCE OR MATERIAL MODIFICATION TO THE SERVICES (OR ANY PORTION THEREOF), UNEXPECTED TECHNICAL OR SECURITY ISSUES OR PROBLEMS OR EXTENDED PERIODS OF INACTIVITY. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE ARICA™ OR DELETE YOUR ACCOUNT AND ANY CONTENTS OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. WE SHALL NOT RETAIN AND USE ANY OF YOUR USER CONTRIBUTIONS WHICH SHALL INCLUDE YOUR PERSONAL INFORMATION OR THE PERSONAL INFORMATION OF OTHER PERSONS UNLESS IN AN AGGREGATED OR DE-IDENTIFIED FORM IN THE MANNER AS DESCRIBED IN THIS AGREEMENT.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Contents of the ARiCa™ at any time or for any reason at our sole discretion without notice (e.g. for the purpose of research and publications, maintenance, improvement of the ARiCa™ Web App and backup process). We also reserve the right to modify or discontinue all or part of the ARiCa™ without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the ARiCa™.

We cannot guarantee the ARiCa™will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the ARiCa™, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the ARiCa™ at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the ARiCa™ during any downtime or discontinuance of the ARiCa™. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the ARiCa™ or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

This Agreement shall be governed by, construed and enforced in accordance with the laws of Malaysia and the Parties shall submit to the exclusive jurisdiction of the courts of Malaysia.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) to resolve Disputes (as defined below) under the exceptions to Informal

Negotiations and Arbitration as provided below shall be commenced or prosecuted in the state and federal courts located in Kuala Lumpur, Malaysia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a "Dispute" and collectively, the “Disputes”) brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least fourteen (14) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by private and confidential binding arbitration. The arbitration shall be conducted in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.

(a) The appointing authority shall be the Kuala Lumpur Regional Centre for Arbitration;

(b) The number of arbitrators shall be one;

(c) The place of arbitration shall be Kuala Lumpur, Malaysia;

(d) The language(s) to be used in the arbitration proceedings shall be English;

(e) The law applicable to this Agreement shall be that of Malaysia.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive or other equitable relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the ARiCa™ that contains typographical errors, inaccuracies, or omissions that may relate to the ARiCa™, including descriptions and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the ARiCa™ at any time, without prior notice.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE ARICA™ AND ALL CONTENTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE ARICA™’S SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ARICA™ AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION AND QUIET ENJOYMENT. WE MAKE NO WARRANTIES, REPRESENTATIONS, GUARANTEES, ENDORSEMENTS, APPROVALS OR RECOMMENDATIONS ABOUT THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF THE ARICA™’S SERVICES, THE ARICA™’S SOFTWARE, CONTENTS, INFORMATION OR MATERIALS OR THE CONTENTS AND/OR INFORMATION OR ADVERTISEMENTS OF ANY WEBSITES AND/OR MOBILE APPLICATIONS LINKED TO THE ARICA™ AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OMISSIONS, DEFECTS OR INACCURACIES OF THE ARICA™’S SERVICES, THE ARICA™’S SOFTWARE, CONTENTS, INFORMATION OR AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ARICA™, (3) ANY UNAUTHORIZED ACCESS TO, USE OF OR MODIFICATION, DUPLICATION, THEFT, DESTRUCTION OR FALSIFICATION OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION, DELAY OR CESSATION OF TRANSMISSION TO OR FROM THE ARICA™, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ARICA™ BY ANY THIRD PARTY, AND/OR (6) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENTS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARICA™. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ARICA™, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

MEDICAL DISCLAIMER

THE ARICA™ IS NOT A MEDICAL DEVICE, IS SOLELY FOR THE USE OF HEALTHCARE SPECIALISTS AS AN INFORMATIONAL AND EDUCATIONAL TOOL TO RAISE AWARENESS AND IMPROVE THE KNOWLEDGE AND UNDERSTANDING OF INDIVIDUALS ON THEIR RISKS OF HAVING A BRCA GENE ALTERATION. THE ARICA™ AND ALL CONTENTS PROVIDED THEREIN ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE ARICA™ DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, MEDICAL TREATMENT,

HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY MEDICAL COUNSELLING, MEDICAL TESTING, MEDICATION, PROCEDURE OR THERAPY RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY ACUTE OR CHRONIC ILLNESS, DISEASE OR CONDITION (COLLECTIVELY THE “HEALTHCARE SERVICES”) THROUGH THE ARICA™ AND THE CONTENTS AND /OR INFORMATION AND MATERIALS PROVIDED THEREIN SHOULD NOT BE SO CONSTRUED OR USED BY HEALTHCARE SPECIALISTS AS A PLATFORM FOR THE PROVISION OF HEALTHCARE SERVICES. THE ARICA™ IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES WHICH ARE NOT OFFERED THROUGH THE ARICA™.

THE ARICA™ IS INTENDED ONLY AS A TOOL, WHICH CAN BE USED TO ASSIST HEALTHCARE SPECIALISTS IN MAKING REFERRALS OR RECOMMENDATIONS FOR HEALTHCARE SERVICES TO BE PROVIDED TO INDIVIDUALS. THE ARICA™ ITSELF IS NOT INTENDED FOR USE IN THE PROVISION OF HEALTHCARE SERVICES AND ANY EMERGENCY OR URGENT MATTER. AS A RESULT OF ITS LIMITED ROLE MERELY AS A TOOL TO ASSIST HEALTHCARE SPECIALISTS IN MAKING REFERRALS OR RECOMMENDATIONS, WE HAVE NO CONTROL OVER THE APPROPRIATENESS, ACCURACY, QUALITY, TIMELINESS, SCOPE, PRICE OR RISKS OF OR ASSOCIATED WITH ANY HEALTHCARE SERVICES. THEREFORE, AS A HEALTHCARE SPECIALIST YOU AGREE TO RELEASE US AND INDEMNIFY US FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES AND LIABILITIES, OF ANY TYPE AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, PRESENT AND FUTURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE HEALTHCARE SERVICES THAT YOU PROVIDE (INCLUDING ANY INJURIES OR DISABILITY ARISING THEREFROM).

TO THE EXTENT THAT ANY HEALTHCARE SERVICES ARE OFFERED TO ANY PATIENTS, THEY ARE PROVIDED BY THE APPLICABLE HEALTHCARE SPECIALISTS, NOT US. ACCORDINGLY, HEALTHCARE SERVICES ARE NOT DEEMED TO BE WITHIN THE SCOPE OF SERVICES PROVIDED BY US AND WE SHALL HAVE NO LIABILITY REGARDING HEALTHCARE SERVICES.

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC HEALTHCARE SPECIALIST, HEALTHCARE PROVIDER OR HEALTHCARE SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) WARRANTY, STATUTE OR OTHERWISE, INCLUDING ANY LOST PROFITS OR SAVINGS OR GOODWILL, LOST BUSINESS, LOSS OF REVENUE, LOSS OR INACCURACY OR CORRUPTION OF DATA, LOSS OR INTERRUPTION OF USE OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES OR SERVICES, LOSS OF OPPORTUNITY OR OTHER DAMAGES OR INTANGIBLE LOSSES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE ARICA™, ARICA™’S SERVICES, ARICA™’S CONTENT, USER CONTRIBUTIONS OR ANY ASPECT OF THE SERVICES AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, ALTERATION OR USE OF YOUR ACCOUNT, TRANSMISSION OF DATA, OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE ARICA™. YOU AGREE THAT WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, ILLEGAL OR OTHER CONTENT OR CONDUCT OR FOR ANY VIOLATION OF ANOTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, THE RIGHTS OF PUBLICITY OR PRIVACY RIGHTS. YOU AGREE AND ACCEPT THAT WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS AGENTS, PARTNERS, SUBSIDIARIES, AFFILIATES OR LICENSORS SHALL NOT BE LEGALLY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MIGHT SUFFER RELATED TO YOUR USE OF THE ARICA™, WHETHER FROM ERRORS OR OMISSIONS IN OUR DOCUMENTS OR INFORMATION, ANY GOODS OR SERVICES WE MAY OFFER OR FROM ANY OTHER USE OF THE ARICA™. THIS INCLUDES YOUR USE OR RELIANCE ON ANY THIRD PARTY CONTENTS, LINKS, COMMENTS OR ADVERTISEMENTS WHICH SHALL BE SUBJECT TO THE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, PRIVACY AND SECURITY PRACTICES OF THESE THIRD PARTIES. YOUR USE OF, OR RELIANCE ON, ANY INFORMATION OR MATERIALS ON THE ARICA™ IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses due to or arising out of or in relation to: (1) your use of the ARiCa™ and our Services; (2) any User Contributions transmitted by you which infringes the intellectual property rights of, violates the privacy or causes harm to a third party; (3) any breach of your representations and warranties, covenants or obligations set forth in these Terms and Conditions; (4) any breach by you of contractual obligations or duties owed to a third party or torts committed against a third party; (5) your interactions or dealings with other users and/or patients in the provision of Healthcare Services; and /or (6) any overt harmful act toward any other user of the ARiCa™ with whom you connected via the ARiCa™. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the ARiCa™, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the ARiCa™ satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC

DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE ARiCa™. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the ARiCa™ constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign and/or novate any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the ARiCa™. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of capacity by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the ARiCa™ or to receive further information regarding use of the ARiCa™, please contact us at:

Cancer Research Malaysia

Subang Jaya Medical Centre South Tower,

No.1, Jalan SS12/1A,

47500 Subang Jaya, Selangor.

+603-5650 9795

arica@cancerresearch.my