GeneJunction

Last updated on September 2024.

Introduction, Definition and Interpretation
Account
License and Acceptable Use
Purchase and Use of the Services
Rescheduling, Cancellation, Refund and Return Policy
Privacy Policy
Intellectual Property
Terms of Payment
GeneCredit
Disclaimers and Indemnities
Suspension and Termination
Variation
General
Waiver
Illegality
Severability
Survival
Governing Law

1.	Introduction, Definition and Interpretation
1.1	These terms of use ("Terms of Use") governs your use of the website/platform on www.genejunction.com or any other internet domain property of GeneJunction Sdn Bhd (Registration No. 202001042506 (1398827-W)) ("GeneJunction") or any entities which are members of GeneJunction group of companies whether or not directly or indirectly controlled by GeneJunction ("Website") and GeneJunction's mobile application available on mobile operating systems ("Mobile App") (collectively, the "Platform").
1.2	BY REGISTERING FOR AN ACCOUNT ON THE WEBSITE OR THE MOBILE APP AND BY USING THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER TERMS AND POLICIES AS MAY BE FOUND ON THE PLATFORM IN FULL, INCLUDING ANY TERMS SET OUT IN OUR PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OR ALL OF THESE TERMS OF USE, PLEASE DO NOT USE OR CONTINUE ANY FURTHER USE OF THE PLATFORM. YOUR CONTINUED ACCESS AND USE OF THE PLATFORM WILL BE DEEMED AS FULL KNOWLEDGE AND ACCEPTANCE OF THESE TERMS OF USE.
1.3	These Terms of Use are without prejudice to any other terms and conditions and our Privacy Policy as may be found on the Platform. In the event of any conflict, the conflict shall be resolved in the following order of primacy: (i) these Terms of Use; (ii) our Privacy Policy; and (iii) any other terms and conditions as may be found on the Platform.
1.4	Definition: In this Terms of Use, save where the context otherwise requires, the following words and expressions shall have the meanings respectively set out opposite them: “Account” means your account which you have registered with us for access to the Platform; “Affiliates” means any entities which are members of GeneJunction group of companies whether or not directly or indirectly controlled by GeneJunction; “Consultants” means a hospital, clinic or healthcare professionals (including Medical Practitioners) who are registered with us to offer and provide the Services on the Platform; “Medical Practitioners” means a licensed medical doctor within the jurisdiction in which the Medical Practitioner practices; “Member” means any person that has registered for an Account on the Platform and is subjected to these Terms of Use herein; “Member+” means any member who has subscribed and paid the subscription fees in accordance with paragraph 4.1 of these Terms of Use and who has access to Healthcare Data on HealthFolio. “On-site Consultation Booking Services” means the service to book or make appointments between the Consultant and the Member or Member+ at the Consultant’s premises; “Personal Data” shall have the same meaning in the Privacy Policy; "Privacy Policy” means the privacy policy of GeneJunction, as may be amended from time to time, which can be found on the Platform; “Services” means consult-linked services provided by a Consultant on or through the Platform such as, including but not limited to, (i) TeleConsult Services, (ii) On-site Consultation Booking Services, (iii) diagnostic services, and (iv) prescription fulfilment service; “TeleConsult Services” means the online consultancy appointments or virtual clinic between the Consultants and the Member or Member+; and "User" means any user that accesses the Platform.
1.5	Any references to "we/ us/ our/GeneJunction" in these Terms of Use refer to both GeneJunction's actions and/or as the operator of the Platform, where applicable.
1.6	Headings in these Terms of Use are for convenience of reference only and shall not affect the interpretation hereof. Words importing the singular include plural and vice versa. Words importing any gender include all gender. Reference to a person shall include reference to a body corporate and unincorporated body of persons and vice versa.

Account

2.1

You will need to have an account registered with us in order to access the Platform to purchase or use the Services provided on or through the Platform. You may sign up and register for an account on the Platform and you will be subject to these Terms of Use.

2.2

Registration

The following governs the terms and conditions for the registration of an account with us:

2.2.1	A person would be required to provide contact details, including but not limited to full name, birth date, email address, contact details, gender and preferred password.
2.2.2	The membership of the Platform is restricted to those above 18 years of age. You must also be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
2.2.3	Upon submitting an application for an account, you will be required to verify your identification. GeneJunction will send a unique code to the registered mobile number provided by you and thereafter, you will be required to key in the unique code to verify your application. Once verified, you will be required to complete an Electronic Know Your Customer (eKYC) process, which involves document and biometric verifications. Your Account will be successfully created upon successful completion of the eKYC process.
2.2.4	Once you have successfully registered your Account, you may proceed to log in and use the Platform.
2.2.5	Registration for an account is free of charge, as such you would not be required to make any payment when signing-up and registering for an account.

2.3

Member+

Once you have registered and your Account is created, you may opt to subscribe for access to the additional features on the Platform as follows:

2.3.1	As a Member+, you will be able to store and with your exclusive consent, share your Personal Data in your HealthFolio in your Account to the Consultants that you are engaging with on our Platform, during or even after the consultation. Should you elect not to consent to share your Personal Data in your HealthFolio to the Consultants, you hereby acknowledge and agree that the accuracy and reliability of your assessment during the consultation may be affected due to the lack of access to your Personal Data, including medical record/history by the Consultants. For avoidance of doubt, should you elect not to consent to share your Personal Data in your HealthFolio to the Consultants, your consent for GeneJunction to collect, store and process your Personal Data in accordance with the terms of our Privacy Policy remains valid and subsisting.
2.3.2	All your Personal Data stored in your HealthFolio is encrypted to ensure that your Personal Data is stored safely and securely and complies with international data security standards. By subscribing and uploading your Personal Data onto your HealthFolio, you hereby acknowledge and agree that GeneJunction has a non-exclusive and free of charge use of your Personal Data. All collection, processing, use and/or disclosure of your Personal Data shall be subject to our Privacy Policy.
2.3.3	You hereby acknowledge and agree that should you share any of your Personal Data with your family members or any third party, GeneJunction will not be liable or held responsible if your Personal Data is subsequently misused or shared to any further third parties without your explicit consent. You are solely responsible to give your explicit consent to any family member and/or third party that you wish to share your Personal Data.
2.3.4	You may, at any time, choose to cancel, delete and/or remove your Personal Data stored on your HealthFolio. You may contact GeneJunction at [email protected] to inform us should you wish to cancel your subscription, delete and/or remove your Personal Data.
2.3.5	You hereby acknowledge and agree that you are solely responsible to ensure that all Personal Data stored on HealthFolio is accurate and complete and that we will not be held liable or responsible as to the accuracy, incorrect display, loss or misuse of your Personal Data stored on your HealthFolio.

2.4

Subscription

Your subscription as a Member+ shall subject to the following terms and conditions:

2.4.1	You have subscribed and paid the subscription fees either to a monthly plan or annual plan (e.g. upfront fees or payable monthly).
2.4.2	All subscriptions made are non-refundable, non-transferable and non-exchangeable.
2.4.3	In respect of subscriptions on a monthly plan basis, the subscription period shall be for one (1) month commencing as soon as the first payment of the subscription fees has been processed and the subscription shall be automatically renewed at the end of each subscription period of one (1) month unless or until you choose to cancel the subscription.
2.4.4	In respect of subscriptions on an annual plan basis, where you have paid the annual subscription fees upfront, the subscription period shall be for one (1) year commencing as soon as the upfront payment of the subscription fees been processed and the subscription shall be automatically renewed at the end of each subscription period of one (1) year unless or until you choose to cancel the subscription.
2.4.5	In respect of subscriptions on an annual plan basis, where the annual subscription fees are payable monthly, the subscription period shall be for one (1) year commencing as soon as the first monthly payment of the subscription fees been processed and the subscription shall be automatically renewed at the end of each subscription period of one (1) year unless or until you choose to cancel the subscription. For avoidance of doubt, in the event of early cancellation of the annual plan before expiry of the subscription period of one (1) year, the subscription fees for the remaining months in that particular year shall remain due and payable by you to us.
2.4.6	The subscription fees shall be automatically deducted from your preferred method of payment or charged to your selected credit cards / debit cards upon renewal. In the event there is insufficient balance in your preferred method of payment or the subscription fees are unable to be paid for whatsoever reason, GeneJunction reserves the rights to terminate or cancel your subscription plan immediately.
2.4.7	During your subscription plan, you may choose to upgrade or downgrade the subscription payment plan from monthly to annual plan basis and vice versa. During the end of the relevant subscription period of either one (1) year (in the case of an annual plan subscription) or one (1) month (in the case of a monthly plan subscription), you will be prompted to either retain, upgrade or downgrade your subscription plan.
2.4.8	GeneJunction reserves the rights to vary the fees and charges of the subscription plan at any time.

2.5

HealthFolio Referral Program

2.5.1	GeneJunction offers Member+ (i.e. Referrer) the opportunity to participate in its HealthFolio referral program.
2.5.2	In order for the Referrer to receive the reward in the form and value as determined by GeneJunction from time to time, the Referee shall register and create an Account and subscribe as Member+.
2.5.3	Rewards are subject to the verification process by GeneJunction. GeneJunction may delay a reward for the purposes of investigation. GeneJunction may also refuse to verify and process any transaction GeneJunction deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms of Use, or believes will impose potential liability on GeneJunction, its subsidiaries, Affiliates or any of their respective officers, directors, employees, representatives and agents. All of GeneJunction's decisions are final and binding, including decisions as to whether a reward is verified.
2.5.4	Rewards have no monetary value and may not be redeemed for cash. Rewards are non-transferable and may not be auctioned, traded, bartered or sold. Upon termination of the referral program or any portion thereof for any reason, any unredeemed rewards that have not yet been delivered to Referrer are forfeited.
2.5.5	GeneJunction reserves the rights to amend or terminate the referral program at any time for any reason.

2.6

You are responsible for protecting the confidentiality of your Account, in particular your username and password, and any activity under your Account will be deemed to have been carried out by you. Where you provide false and inaccurate details, GeneJunction shall have the right to suspend your Account and/or terminate any transaction made by you through your Account. You hereby understand that Genejunction shall not be held liable for any inaccurate, false or misleading information provided by you to GeneJunction. You shall not at any time disclose such account information to any other party and/or allow any third party to use your Account to access the Platform to purchase or use the Services.

License and Acceptable Use

3.1

Subject to the terms and conditions found in these Terms of Use, GeneJunction grants you a temporary, non-exclusive, non-transferable, revocable licence to view and access content on the Platform through your Account.

3.2

In addition to these Terms of Use, you shall use the Platform in compliance with all laws, directives and regulations applicable to you. Where access to the Platform is prohibited in your relevant country or jurisdiction, you shall not attempt to access the Platform and/or circumvent any measures restricting access to the Platform.

3.3

You shall NOT use the Platform:

(a)	in any way that breaches any applicable local, national or international law or regulation;
(b)	in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c)	for the purpose of harming or attempting to harm minors (i.e. a person who has not attained the age of 18) in any way;
(d)	to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
(e)	to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
(f)	to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3.4

For information, our “content standards” shall mean the following:

(a)

materials which are:

(i)	accurate (where they state facts);
(ii)	genuinely held (where they state opinions); and
(iii)	complied with applicable laws in Malaysia and in any other country from which they are posted;

(b)

materials which do not and/or are not:

(i)	contain any material which is defamatory, obscene, offensive, hateful or inflammatory to any person;
(ii)	promote violence, sexually explicit material, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(iii)	infringe any copyright, database right or trademarks of any other person;
(iv)	likely to deceive any person;
(v)	made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(vi)	promote any illegal activity;
(vii)	threatening, abusive, or invasive to another’s privacy or cause annoyance, inconvenience or needless anxiety;
(viii)	likely to harass, upset, embarrass or alarm any other person;
(ix)	used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(x)	give the impression that they emanate from us, if this is not the case; and/or
(xi)	advocate, promote or assist any unlawful act such as, including but not limited, copyright infringement or computer misuse.

3.5

You also agree:

(a)	to obtain all necessary hardware, software and communications services necessary for your use of the Platform. Any network connectivity costs shall be born exclusively by you;
(b)	to take own steps to ensure the security of your device used to access the Platform;
(c)	not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of these Terms of Use; and
(d)	not to access without authority, interfere with, damage or disrupt any part of the Platform, any equipment or network on which the Platform is stored, any software used in the provision of the Platform; or any equipment or network or software owned or used by any third party.

3.6

Any unauthorised use of the Platform shall result in suspension or termination of your Account under paragraph 9 of these Terms of Use.

3.7

The licences granted herein do not confer on you any rights to use any other intellectual property rights of GeneJunction, its Affiliates, partners and/or licensors (as the case may be), including “GeneJunction”, the GeneJunction logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platform, all of which are and remain the property of GeneJunction, its Affiliates, partners and/or licensors (as the case may be).

3.8

GeneJunction shall have the right to at any time and from time to time:

(a)	automatically update the Platform and its components on your device, add or remove functionalities, features or services;
(b)	vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate the functionalities, features or services and/or user rights; and/or
(c)	deny or restrict access to the Platform or any functionalities, features or services whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever.

Purchase and Use of the Services

4.1

Only persons with an account with us will be able to access the Platform to purchase the Services.

4.2

TeleConsult Services

4.2.1	Under the TeleConsult Services, you will be able to search for the Consultants. You will also be able to search for the specific specialist services offered by the Consultants on the Speciality or Doctors page on the Platform.
4.2.2	For the purpose of booking an appointment for the TeleConsult Services using the Platform, you will be required to confirm identification details such as your full name and your national identification card, passport or driving licence. You hereby agree and acknowledge that all identification and information provided by you to your Consultant shall be accurate and complete. GeneJunction shall not be held liable or responsible for inaccurate, incomplete or incorrect Healthcare Data provided by you to the Consultant whether or not such inaccurate, incomplete or incorrect Healthcare Data may affect the diagnosis from the Consultant.
4.2.3	You acknowledge that there are certain limitations to TeleConsult Services and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation. Such medical situations include, but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions (e.g., breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities.
4.2.4	All appointment bookings for the TeleConsult Services are subject to paragraph 4.4 of these Terms of Use below.
4.2.5	Under TeleConsult Services, the consultation session will be conducted via video or audio which will be held through the Platform. You will be required to sign into your Account and enter a virtual waiting room. Once the Consultant is ready, you will be required to provide your identification details and your appointment will commence. The consultation appointment and all personal information shared during the appointment are private and confidential as the Consultant is bound by our Consultants’ Terms of Use and Privacy Policy.
4.2.6	For Member+, after your consultation session, you will be provided with the Consultant’s medical notes or any related documents, which will be automatically uploaded into your HealthFolio for your future reference.
4.2.7	You hereby acknowledge and agree that the Consultant do not represent or act on behalf of GeneJunction and as such, GeneJunction will not be held liable or responsible for any advice and/or treatment given by the Consultant to you. For the purpose of the TeleConsult Service, we merely provide a platform to connect you to your Consultant of choice, to facilitate the booking of an appointment and to provide a platform for the virtual consultation appointment. Any opinions, advice or information expressed by the Consultants are those of the Consultants alone and they do not reflect the opinions of GeneJunction.
4.2.8	Prior to or during your consultation with the Consultant, you may wish to or be required by the Consultant to upload photographs of yourself/your condition to the Consultant. However, you may not upload photographs of minors as well as photographs of sensitive parts that may be deemed sexual in nature. The Consultant will also not request for the same from you. If you do so, we reserve the right to suspend your Account. If you are requested to do so, kindly inform us immediately and report the same to the relevant authorities.

4.3

On-site Consultation Booking Services

4.3.1	Under the On-site Consultation Booking Services, you will be able to search for the Consultants. You will also be able to search for the specific specialist services offered by the Consultants on the Speciality or Doctors page on the Platform.
4.3.2	For the purpose of the On-site Consultation Booking Services, you will be required to confirm identification details such as your full name and your national identification card, passport or driving licence. You hereby agree and acknowledge that all identification and information provided by you to your Consultant shall be accurate and complete. GeneJunction shall not be held liable or responsible for inaccurate, incomplete or incorrect Healthcare Data provided by you to the Consultant whether or not such inaccurate, incomplete or incorrect Healthcare Data may affect the diagnosis from the Consultant.
4.3.3	All appointment bookings for the On-site Consultation Booking Services are subject to paragraph 4.4 of these Terms of Use below.
4.3.4	Once the payment for the On-site Consultation Booking Services has been made, you will receive a booking confirmation with the relevant booking details (e.g. booking reference number)] to be sent to your registered email address. At the on-site consultation, you are required to present the said booking confirmation and your national identification card, passport or driving licence to the staff of the Consultant for verification purposes.
4.3.5	For Member+, after your consultation session, you will be provided with the Consultant’s medical notes or any related documents, which the Consultant may either upload into your HealthFolio or store into the data system of the Consultant for future reference.
4.3.6	You hereby acknowledge and agree that the Consultant do not represent or act on behalf of GeneJunction and as such, GeneJunction will not be held liable or responsible for any advice and/or treatment given by the Consultant to you. For the purpose of the On-site Consultation Booking Services, we merely provide a platform to connect you to your Consultant of choice and to facilitate the booking of an appointment. Any opinions, advice or information expressed by the Consultants are those of the Consultants alone and they do not reflect the opinions of GeneJunction.

4.4

Booking an Appointment

4.4.1

You can connect with the Consultant through the Platform to book an appointment based on the available time slots provided by the Consultant. The Consultant shall be solely responsible to update the Consultant’s availability on the Platform. GeneJunction merely provides a Platform to connect you to the Consultant, you hereby understand that we shall have no responsibility to the legality of transactions occurring between you and the Consultant in relation to the sale of any Services made through the use of the Platform.

4.4.2

You are responsible for ensuring the accuracy of the information required when submitting your information to book an appointment on the Platform. All appointments shall be subject to the Consultant’s acceptance in their sole discretion and each appointment made shall constitute a separate contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform.

4.4.3

GeneJunction shall be entitled (but not obliged) to process all appointment bookings without obtaining your further consent.

4.4.4

GeneJunction will provide you with a confirmation of your appointment on the Platform. However, GeneJunction will not assume any liability if the appointment is later cancelled by the Consultant, or the same is unavailable for appointment. For the avoidance of doubt, GeneJunction shall be entitled to refuse or cancel any appointment without giving you any reasons prior to issuing the confirmation of appointment. GeneJunction shall be entitled to require you to furnish GeneJunction with your contact and other verification information, including but not limited to address and contact numbers prior to issuing a confirmation of appointment.

4.4.5

Without prejudice to the generality of the above, GeneJunction is not involved in providing any healthcare or medical advice or diagnosis and is not responsible for any interactions between you and the Consultant. You hereby understand and agree that GeneJunction will not be liable for:

(a)	interactions and any ancillary issues between you and the Consultant;
(b)	any wrong medication or quality of treatment being given by the Consultant, or any medical negligence on part of the Consultant;
(c)	inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the you due to a failure on the Consultant’s part to provide services agreed between you and the Consultant;
(d)	any misconduct or inappropriate behaviour by the Consultant or its employees; or
(e)	cancellation or no show by the Consultant or rescheduling of booked appointments or any variation in the fees charged.

4.5

Failure to Attend Appointment

4.5.1	You shall make your best effort to attend the appointment with the Consultants at the time slot which you have booked for.
4.5.2	In case you fail to attend the confirmed appointment for two (2) consecutive confirmed appointments, GeneJunction shall be entitled to temporarily disable your Account from booking further appointments on the Platform. You may continue to contact GeneJunction via [email protected] to get an appointment subject to GeneJunction’s sole discretion to approve your request for further appointments.
4.5.3	You hereby understand, agree and acknowledge that, GeneJunction’s actions in disabling your Account is as a deterrent to stop other user from misusing the Platform, and the loss of business hours incurred by the Consultants.

5.	Rescheduling, Cancellation, Refund and Return Policy
5.1	Save as provided in paragraph 5.2 below, you shall not cancel or reschedule your appointment. Where you have booked and paid for an appointment but you are unable to attend the appointment at the time slot, you would not be entitled to any refund of the payment made for the Services.
5.2	You may contact us at [email protected] twenty four (24) hours before your appointment is due to start, and we will in our best endeavour inform the Consultant to reschedule your original appointment, subject to the Consultant’s availability.
5.3	Where you have booked and paid for an appointment but the Consultant is subsequently unable to attend the appointment at the time slot, the Consultant shall be entitled to reschedule, which shall not be more than two (2) rescheduling, or cancel the said appointment. Cancellation of appointment by the Consultant shall lead to a full refund of the payment made for the Services to you, which may take up to fourteen (14) working days upon the date of cancellation. For the avoidance of doubt, rescheduling of appointment with the Consultant is subject to the Consultant’s availability.
5.4	All refunds shall be made to your original method of payment or any of your designated bank account (where applicable).

6.	Privacy Policy
6.1	We are committed to protecting and respecting your privacy. We will endeavour to comply with all applicable data protection and privacy laws and regulations in Malaysia. Please take the time to familiarise yourself with our Privacy Policy, which you will be deemed to have read, understood and accepted by using the Platform.

Intellectual Property

7.1

We are the rightful owner or valid licensee of all intellectual property rights (including but not limited to, patents, copyrights, trademarks, service marks, logos, trade names and know-how) in and to the Platform and all of its content (including but not limited to, text, articles, pictures, images, photographs, graphics, animations, pictures, software and programs, files, video, audio and music). You acknowledge and agree that you acquire absolutely no rights or licences in or to the Platform or its contents through your use of the Platform.

7.2

You shall not reproduce, distribute, exploit, communicate, reverse engineer, decompile, disassemble, perform, modify, translate, create any derivative works from or adapt any content, source code, design or any other intellectual property relating to the Platform or its content, except in the following circumstances:

(a)	to the extent that such acts are required for the lawful and fair dealing of the Platform;
(b)	as permitted through the functionality of the Platform available to your class of User, e.g. sharing our articles using tools that we make available on the Platform;
(c)	with our express prior written permission; or
(d)	to the extent permitted by any applicable law.

7.3

While we welcome feedback on how we can better improve the Platform, you hereby acknowledge and agree that unless otherwise specified by us in writing, any feedback you provide is deemed to be non-confidential and non-proprietary, and we shall be free to use such information on an unrestricted basis.

Terms of Payment

8.1

The use of this Platform is free, unless you opted to subscribe for the membership as Member+. Notwithstanding, we may from time to time and at our sole discretion, impose fees and/or charges to use the Platform.

8.2

However, in the event you use the Platform for a payable Services such as subscription of membership as Member+ and the TeleConsult Services, you shall be required to pay for the relevant consultation fees for Services as stated in the payment page at the time of usage.

8.3

We accept the following modes of electronic payment processes: FPX, Visa, MasterCard and e-wallets in Malaysia.

8.4

You represent and warrant that (i) the credit card or debit card information you supply to us via the Platform is true, correct and complete, (ii) the charges you incur will be honoured by your credit card or debit card company, and (iii) you shall pay the charges you incur including all applicable fees (not limited to administrative fees).

8.5

GeneJunction does not store and/or hold any credit card and/or debit card details in the Platform.

8.6

GeneJunction shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

(a)	Lack of authorisation for any transaction(s);
(b)	Exceeding the preset limit mutually agreed by you and the financial service provider;
(c)	Any payment issues arising out of the transaction; or
(d)	Decline of transaction for any other reason(s).

8.7

If we are held liable for any taxes or tax compliance costs in connection with funds in your Account, you shall fully indemnify us for such tax liability or tax compliance costs irrespective of when such tax liability is assessed or when such tax compliance costs are incurred.

9.	GENECREDIT
9.1	You may be able to earn GeneCredits when registering as a Member or Member+ or when purchasing the Services. By earning GeneCredits, only Member+ will be able to use the GeneCredits to pay for further purchases of Services on the Platform. If the GeneCredits is not sufficient to pay for the whole purchase price of the Services, Member+ may purchase the remaining purchase price of any Services via the preferred method of payment in paragraph 8.3 above.
9.2	You hereby agree to provide complete and accurate information when using GeneCredits on the Platform. In the event that you fail to provide accurate and complete information, we shall have the sole and absolute discretion to suspend the Account. You hereby agree and acknowledge that GeneJunction shall not be liable or responsible for your failure to provide accurate and complete details when using GeneCredits.
9.3	GeneJunction shall have the sole and absolute right to reverse, freeze and/or change your GeneCredits balance at any time including in the event of any fraud occasioned during your payment of the Services.
9.4	You hereby agree and acknowledge that GeneCredits is non-exchangeable as cash and non-transferable to any other Users on the Platform.
9.5	You hereby agree and acknowledge that when you terminate the Account, you shall lose all their GeneCredits.
9.6	You hereby acknowledge and agree that there may be a delay when GeneJunction credits their Account with GeneCredits as a result of any delay on part of the Consultant and/or Medical Practitioner in providing GeneJunction with any and/or all necessary information to credit the Account with GeneCredits and shall not hold GeneJunction liable for any delay in displaying the balance GeneCredit amount earned by you.
9.7	To the extent permitted by any applicable laws, GeneJunction expressly excludes any guarantee, representation, warranty, condition term or undertaking whether express or implied with respect to the accuracy, correctness, currency, merchantability, or fitness of any particular Services for which the GeneCredits shall be applicable.
9.8	GeneJunction shall be entitled to exercise its sole and absolute discretion to discontinue, terminate or suspend the GeneCredits program without providing any prior notice to you. GeneJunction shall not be held liable for the discontinuation, termination or suspension of the GeneCredits program.
9.9	GeneJunction has the sole and absolute discretion to reject or cancel your use of GeneCredits without providing any reason for the rejection and cancellation of the same.
9.10	You hereby acknowledge and agree that GeneCredits cannot be used by you until the GeneCredits has been credited to your Account.
9.11	Member+ hereby agree and acknowledge that once the Member+ utilised the GeneCredits to purchase any Services, the Member+ will not be able to obtain a refund in cash for the value of the product in the event that the Member+ subsequently choose to cancel an order for a product already purchased in GeneCredits by the Member+.
9.12	Member+ hereby agree and acknowledge that where the Member+ make a refund request or a request to cancel any Services that the Member+ have purchased in full or partially using GeneCredits on the Platform, the Member+ will only be refunded in GeneCredits.

10.	Disclaimers and Indemnities
10.1	While the Platform is intended to be accessible 24 hours a day and 7 days a week, we do not guarantee constant, uninterrupted access to the Platform, or that the Platform will operate without faults or errors, or that the Platform will always remain available. We reserve the right without giving prior notice to change the form, nature and functionality of the Platform, to suspend access to the Platform or to shut it down indefinitely and without assigning any reason whatsoever therefore.
10.2	The content and information on the Platform, is provided “as is”, without any conditions, warranties or other terms of any kind. We provide no warranty as to the accuracy, timeliness, suitability for any purpose, completeness or reliability of any content or information on the Platform. We are under no obligation to update any content or information on the Platform. Any reliance placed on content or information on the Platform is made at your own discretion and risk. In particular, the content or information on the Platform is not intended to be and should not be relied upon as advice, representation or endorsement in respect of any specific business model, investment, sale, purchase and/or other financial or business decisions.
10.3	The Platform may contain advertising material submitted by third parties. We do not endorse, nor bear responsibility for the form, content or authenticity of such advertising material, including for its accuracy or suitability for any purpose, and the same shall be the sole responsibility of such third party.
10.4	We shall not be responsible or liable to you in the event of any systems or communications errors, bugs, malware or viruses as a result of your use of the Platform and its content which results in any damage whatsoever to your hardware, software and/or data.
10.5	In order to use the Platform, you may be required to download third party software. We do not provide any warranty nor accept any liability in respect of any consequences of the download, installation, operation and/or use of such third party software.
10.6	We do not warrant that the access to the Platform, the content and information and Services provided therein is legal in the jurisdiction that you access it from. It is your sole responsibility to ensure that you are acting legally in accessing the Platform, the content and information and Services provided therein. You agree to bear full responsibility and to indemnify us for any consequences of your unauthorised or illegal access.
10.7	We shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with your use of the Platform, the content and information and Services provided therein, except to the extent to which it is unlawful to exclude such liability under the applicable law.
10.8	We expressly exclude liability for any indirect, special, incidental or consequential loss or damage which may arise in respect of the use or otherwise of the Platform, the content and information and Services provided sold therein, and for any loss of profit, opportunity, business, revenue, goodwill or anticipated savings, whether or not such losses were within our contemplation at any material time.
10.9	You acknowledge that, with respect to any claim you may have arising out of or arising from your use of the Platform, any damage suffered by you will not be irreparable or otherwise be such as to entitle you to injunctive or other equitable relief or to in any way enjoin our exploitation or other use of the Platform and its content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages in an action at law, if at all.

11.

Suspension and Termination

11.1

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the Platform. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions:

(a)	immediate, temporary or permanent withdrawal of your right to use the Platform;
(b)	issue a warning to you;
(c)	restricting, suspending, termination, deactivating or deleting your Account;
(d)	legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e)	further legal action against you; and/or
(f)	disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

12.

Variation

12.1

We reserve the right to change any of these Terms of Use or policies governing the Platform at any time and such change shall take effect on the effective date as stated in the updated Terms of Use or policies or seven (7) days after publication of such change on the Platform or any other notification to you, whichever the later. Your continued use of the Platform after the new Terms of Use and/or policy takes effect shall constitute your acceptance to such changes. You must stop using the Platform prior to the new Terms of Use or policy coming into effect if you do not agree to the change of the new Terms of Use and policies by not visiting the Platform and deactivating or deregistering your Account with us.

13.	General
13.1	Neither GeneJunction nor the Consultant shall be liable for non-performance, error, interruption or delay in the performance of their respective obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's contents and information if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond GeneJunction's or the Consultants' reasonable control.
13.2	You agree that GeneJunction has the right in its sole and absolute discretion to restrict, suspend, terminate, deactivate or delete your Account and all content and information therein without stating any reason or reference to you. You also agree that if your Account has been inactive for a period of twelve (12) months or more, or if you have breached any of these Terms of Use or policies from the Platform, GeneJunction reserves the right to restrict, suspend, terminate, deactivate or delete your Account and all content and information therein. GeneJunction will not be liable or responsible for any loss or damages incurred by you arising out of or in connection with any restriction, suspension, termination, deactivation or deletion of your Account.
13.3	The Platform uses cookies to enable us to retrieve information, the functionality of the Platform, and provide a better user experience of the Platform to you.

14.	Waiver
14.1	Unless a written waiver is provided to you, any inaction or failure from us to exercise our rights against you in case of any breach shall not be considered as waiver of our rights under these Terms of Use or under applicable laws.

15.	Illegality
15.1	The illegality, invalidity or unenforceability of any provisions of these Terms of Use under the law of any jurisdiction shall not affect the legality, validity or enforceability under the law of any other jurisdiction.

16.	Severability
16.1	If any provisions or part of provisions in these Terms of Use shall be held to be void, such provision shall apply with such modification or deletion as may be necessary to make it valid and enforceable. The other provisions of these Terms of Use shall remain valid and not affected.

17.	Survival
17.1	Any provision of these Terms of Use that by its nature is meant to survive termination of your Account shall survive.

18.	Governing Law
18.1	These Terms of Use are governed by and shall be construed in accordance with the laws of Malaysia. You and GeneJunction irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia.
18.2	You must exhaust all legal avenues against the Consultants should any dispute, controversy or claim arise out of or relates to the contract, or the breach, termination or invalidity thereof, prior to bringing a claim against GeneJunction. Any actions brought against GeneJunction for any dispute, controversy or claim arising out of or relating to the contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Asian International Arbitration Centre (AIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the AIAC. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties.