HOPE Patient Assistance Program is operated by DKSH Distribution Malaysia Sdn Bhd. (“DKSH”). At DKSH, we are committed to respecting and safeguarding your privacy by handling your personal data responsibly and in accordance with applicable laws. By accessing or using the Program service offerings and features on https://login.hopepap.com.my (the “Site”), and any components that support the functionality of the services (the “Services”), as further defined in our Terms and Conditions https://login.hopepap.com.my, you expressly consent to the collection, processing, use and disclosure of your personal data according to this Privacy Policy. DKSH may share your personal data with our affiliates, group companies, subsidiaries and other authorized third parties solely for the purposes described herein. This Privacy Policy is aimed at giving you transparency about how we collect, use, and keep your personal data safe, and what your rights are under the Personal Data Protection Act 2010 (PDPA).
1. What personal data about you do we collect?
DKSH collects and uses certain types of personal data about you, depending on the relationship that you have with us as well as applicable laws. In order to access the Site and to use Program, you will be asked to provide certain personal data. We may collect the following personal data about you:
Personal data category |
Types of personal data |
|---|---|
| General information | Your full name (including prefixes and suffixes which may indicate your gender); date of birth and age; job information; educational, training, licensing and certification information; professional membership information; marital status; national identification number and passport number; Site account details such as username and online identifiers. |
| Contact information | Your address, telephone, mobile phone, fax, e-mail, social network information and other relevant contact details, as well as information about the preferred way and time of communication. |
| Financial information | Information collected in connection with sales and promotional activities; financial information including transaction details, bank and debit/credit card details, payment methods and terms; income and salary information; insurance information and claims history. |
| Sensitive information | Ethnicity and race; hereditary information and health records including but not limited to your medical history, height, weight, disability, blood type and allergies, drug prescription history, your healthcare professional’s name and contact information; biometric identifiers including but not limited to facial recognition, retina recognition, fingerprint recognition, voice recognition for the purposes of verifying and confirming your identity for the use of our products and services. |
| Usage information | Information regarding your mobile telephone, your computer, your IP address, the type of Internet browser you are using, the location from which you are visiting the Site, or the areas of the Site you visited and the actions you performed on the Site. |
| Other information | Information provided in connection with assessing, recording and reporting adverse events; information necessary to provide product recalls and product safety notification; records of sample medicines provided to healthcare professionals; information about your attendance at programs organized or supported by DKSH; information about your interactions with sales representatives; information in relation to complaints that you have made; information about your calendar for appointment scheduling and reminders. |
2. How we collect your personal data.
We may collect your personal data through the following methods:
| Collection method |
Description |
|---|---|
| Directly from you | Including when you communicate with us over the telephone, in person, through the Site, forms, surveys, or by email; when you make an inquiry, complaint or report an actual or suspected adverse event; when you use our information services; when you attend a DKSH event; when you agree to other specific terms, privacy policies and/or consent forms required by DKSH, |
| Through your use of the Site | Including through the use of “cookies” that store information on your computer, mobile phone or other device, and though other tracking technologies like tags, pixels, clear pixels, gifs, bugs, beacons, and other similar technologies. |
| Through third parties | Including from organizations carrying out functions on our behalf such as event management organizations and data analytics organizations; pharmaceutical companies and medical device companies; hospitals and other healthcare service providers or professionals; government authorities and regulators; professional membership bodies; online directories; insurers, banks and financial institutions. |
3. Why do we collect, use and disclose your personal data?
We may collect, use and disclose your personal data for the following reasons, and any other reasons which corresponds or are similar to these reasons:
| Reason | Description |
|---|---|
| Provision of the Site | This includes the provision of our services to you based on our contractual obligations, to process and respond to your applications, requests, comments, inquiries, reports, complaints, and other forms you submit through the Site. |
| Facilitating our interactions with you | This includes maintaining our business relationship by providing you with information related to our products and services, sales and delivery of products, performing any contract with you or as agreed by you. If you are a healthcare professional, we may also use our personal data to provide information to you on educational opportunities relevant to your field, and to invite you to educational events that are relevant to your field. |
| Managing our relationship | This includes managing our product and service delivery, related financial transactions including invoicing for services, and carrying out quality reporting concerning our products. |
| Complying with legal requirements and DKSH policies | This includes processing your personal data for income tax and national insurance deductions, record-keeping and reporting obligations, conducting audits, complying with inspections and other requests from law enforcement or other public authorities; ensuring pharmaceutical business and pharmacovigilance compliance; reporting adverse events; responding to legal processes such as subpoenas and court orders; pursuing legal rights and remedies; enforcing or applying our Terms and Conditions and other agreements; defending litigation and managing any internal complaints or claims, etc. |
| Sale and acquisition | This includes when we become involved in a transaction involving the sale of our assets, such as a merger or acquisition, or if DKSH is transferred to another company, we may disclose and/or transfer your personal data as part of the transaction. If the surviving entity is not DKSH, your personal data may be used pursuant to the surviving entity’s privacy policies, which may be different from this Privacy Policy. |
| Research and insights | This includes strategic internal research and data analytics. Your personal data may be combined with the information collected from other individuals in order to generate aggregated and anonymized data that does not contain identifying information, for commercial and non-commercial purposes. We also use your personal data to enhance our understanding of our users’ preferences and to improve our Site accordingly. |
| Other legitimate interests | This includes when such collection, use and disclosure is permitted under the Personal Data Protection Act 2010 (PDPA) such as when it is necessary for the performance of a contract to which you are a party, or in order to take steps as requested by you, when it is for our lawful interests or for other parties’ lawful interests which override your fundamental rights, when it is for the prevention or suppression of danger to a person’s life, body or health, when it is necessary for the completion of our tasks in the public interest, when preparing historical documents or archives for public and education interest or for purposes relating to research or statistics, and for the compliance of applicable laws. |
4. Who may have access to your personal data?
We may share, or otherwise disclose your personal data to the following parties:
| Parties |
|---|
| Our group companies, business partners and/or other persons that we have a legal relationship with, including our directors, employees, third party contractors, authorized representatives, and advisors. Local and international governmental authorities and/or supervisory or regulatory authorities, credit bureaus, fraud prevention agencies, courts, health authorities, professional organizations or any persons whom we are required or permitted by laws, regulations, or orders to share personal data. Our suppliers, agents and other entities including pharmaceutical companies, medical device companies and health service providers where the disclosure of your personal data has a specific purpose and is done under a lawful basis, including third parties providing services to us. Any relevant persons as a result of activities relating to selling rights of claims and/or assets, restructuring or acquisition of any of our entities, where we may transfer their rights to, and any persons with whom we are required to share data for a proposed sale, reorganization, transfer, financial arrangement, asset disposal or other transaction relating to our business and/or assets held by our business. Insurers, banks, financial institutions, and third parties where required by law. Attorneys, authorized persons or legal representatives who have lawfully authorized power. |
To the extent permitted under applicable laws, we have contracts in place with these parties to ensure that personal data is processed based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. We only share your personal data with the parties mentioned above and other third parties, as far as this is reasonably necessary for the purposes as outlined in this Privacy Policy. Please note that DKSH companies and subsidiaries, as well as authorities, customers and suppliers to whom we may disclose your personal data, may be located outside of your country of domicile, whose data protection laws may differ from those in the country in which you are located. In such cases, we will ensure that appropriate safeguards are in place to protect your personal data by implementing appropriate legal mechanisms, such as EU Standard Contractual Clauses. For more information, please contact us as described in the section “How to contact us”.
5. How long will your personal data be stored?
DKSH will store your personal data as long as necessary for the purposes outlined in this Privacy Policy, unless a longer or shorter retention period is required or permitted by law.
6. How is your personal data secured?
DKSH has implemented technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss or alteration and unauthorized disclosure or access to your personal data. These measures include training of our personnel who may have access to your personal data.
7. What rights do you have in respect to your personal data?
You can exercise the rights relating to your personal data below:
| Your right | Description |
|---|---|
| Right to withdraw consent | You have the right to withdraw your consent that has been given to us at any time pursuant to the methods and means prescribed by us, unless the nature of consent does not allow such withdrawal. Please note that the withdrawal of consent will not affect the lawfulness of the collection, use, or disclosure of your personal data based on your consent before it was withdrawn. |
| Right to access and obtain copy | You have the right to access and obtain copy of your personal data held by us, or to request the disclosure of details on how your personal data was acquired, unless we are entitled to reject your request under applicable laws or court orders, or if such request will adversely affect the rights and freedoms of other individuals. |
| Right to object | You have the right to object to the collection, use or disclosure of your personal data at any time where such personal data was collected, used, or disclosed on a lawful basis, or for the purpose of direct marketing, or for the purpose of scientific, historical or statistic research, unless we have legitimate grounds to reject your request according to applicable laws. |
| Right to restrict | You have the right to request us to restrict the use of your personal data under certain circumstances, such as when we are processing your request to rectify your personal data. |
| Right to rectification | You have the right to rectify your inaccurate personal data and to update your incomplete personal data. |
| Right to lodge a complaint | You have the right to make a complaint with the Personal Data Protection Officer according to the Personal Data Protection Act 2010 (PDPA) if you believe that we are not in compliance with applicable laws. |
To exercise any of your rights above, please contact us as described in the section “How to contact us” below. After receiving your proof of identity, we will respond to your requests within one month.
8. Cookies.
The Site uses cookies for your convenience to collect and store information that your browser makes available when you visit the Site, so that you do not have to reenter your data upon each visit. This information includes your IP address, browser type, browser language, and the date and time of your query, which enables us to better understand and improve the usability, performance and effectiveness of the Site. This information is transmitted to and stored on DKSH’s servers in Singapore. If you do not want DKSH to analyze your use of the Site, you can set your browser options to reject cookies or select the privacy mode setting on your individual internet browser. Rejecting cookies or selecting privacy mode may affect your ability to use some features of the Site.
9. Privacy of minors.
DKSH is committed to protecting the privacy of minors. We do not knowingly collect, use or disclose any personally identifiable information from minors under 18 years old. Minors are not permitted to use HOPE Patient Assistance Program. For any minor to access the Site, the parent or legal guardian of that minor must contact us on their behalf. If a minor has provided DKSH with personally identifiable information, the parent or legal guardian of that minor should contact us immediately at hopepap@dksh.com to delete this information from our files.
10. Changes to this Privacy Policy.
DKSH may update this Privacy Policy. We will notify you about significant changes in the way we treat personal data by sending a notice to the primary e-mail address specified in your HOPE Patient Assistance Program account or by placing a notice on the Site.
11. How to contact us?
If you have any questions, comments or concerns about this Privacy Policy, or want to request access to your personal data or exercise your privacy rights, please contact us at:
| Contact | Contact information |
|---|---|
| Data Controller | DKSH Distribution Malaysia Sdn. Bhd. 03 9212 1410 ext. 032 hopepap@dksh.com |
Last updated: May 20, 2021.
© [2021] [DKSH Distribution Malaysia Sdn.Bhd]
TERMS AND CONDITIONS
Welcome to HOPE Patient Assistance Program. (the “Platform”). These terms of use, including the privacy policy https://login.hopepap.com.my which is incorporated by this reference (collectively the “Terms and Conditions”), are a binding legal contract between DKSH Distribution Malaysia Sdn. Bhd. (Company no.197401004367 (21554-V)]) its affiliates, group companies and subsidiaries (collectively, “DKSH”), and the individual or legal entity who directly or indirectly accesses, uses, or subscribes to the platform (“You” or “Your”). Please read the Terms and Conditions carefully before you start, or authorize any users under your account, to use the Platform, Site, or Services. If you do not agree to these Terms and Conditions, you must not access, use or authorize use of the Platform, Site, nor Services.
These Terms and Conditions govern your use of this platform, which is provided by DKSH on https://login.hopepap.com.my (the “Site”), and any services we provide to You (“Services”) either through the Platform, Site, or through third party service/content providers (“Third Party Provider”). By accessing the platform on this site, you are indicating your acknowledgment and acceptance of these Terms and Conditions. If you do so on behalf of a legal entity, you represent and warrant that you have the authority to accept these Terms and Conditions on behalf of that legal entity, and you represent and warrant that all users of the platform at such legal entity shall comply with these Terms and Conditions. These Terms and Conditions are subject to change by DKSH at any time in its discretion. The most current version of these terms & conditions can be reviewed by clicking on the "terms & conditions" hypertext link located on the platform. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Conditions regularly.
All components of the Terms and Conditions and any service level agreements shall be read together and construed, to the fullest extent possible, to be in concert with each other. To the extent that they cannot be so construed, then in the event of any direct conflict between this Terms and Conditions and the service level agreements, the Terms and Conditions will prevail.
1. MEDICAL DISCLAIMER
DKSH provides the Platform, Site, and Services to assist people with various medical conditions to engage in various patient support related programs. Our Platform, Site, and Services require your active engagement and participation and you understand that, despite your efforts, individual user’s results will vary for a variety of reasons. We cannot guarantee that you will successfully be enrolled in or engage any particular patient support related program. We may also use third parties, in whole or in part, to provide our products and services.
2. ACCESS TO THIS SITE
To access this Site, you must have been invited by a Healthcare professional to join a relevant program and have created a Platform account, and provide accurate personal and contact information and documentation for which you have a legal right to copy, publish, share, store, or otherwise use (whether relating to yourself, or to another individual under your care, custody, and control, as the case may be) (“User Data”), that is protected by a username and password (your “Account”). You represent and warrant that you are 18 years old or older. You agree to provide DKSH with accurate and complete Account information when you register, and that You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide. If DKSH believes the information you provide is not correct, current, or complete, DKSH has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. You agree to keep your password and other Account details secret, and not share them with anyone else, in order to prevent unauthorized access to your Account. If your contact information or other Account information changes, you must update your Account details promptly. After you create an Account, DKSH and/or its authorized third party can begin to use and access the User Data.
If you access the Platform through a legal entity such as your business, your employer, or through an authorized DKSH partner, you acknowledge and agree that other users may have been designated to access, control, and manage your Account and your User Data. You, not DKSH, are solely responsible for your Account and User Data. DKSH is not liable for any loss or damage arising from any access to, sharing or use of, your Account and User Data. You must inform DKSH immediately at hopepap@dksh.com if you believe there has been unauthorized access to your Account or your User Data.
3. USE OF THE SITE
You may use this Site for purposes expressly permitted by this Site, which relate to the following purposes of the Platform:
· providing and/or collecting information relating to the use of pharmaceuticals and/or medical devices (“Product”);
· handling Product post-authorization patient support, including for purposes of filing, receiving, and responding to complaints, adverse reports, defective reports, and/or product recalls;
· providing and/or collecting information on patient Product compliance;
· providing and/or receiving field service and in-person patient support by licensed healthcare professionals;
· providing and/or receiving call center support and logistics management;
· providing and/or receiving information on disease education and awareness;
· administering compensation and reimbursement schemes;
· enrolment into/execution of therapy programs and/or clinical trials; and
· conducting and/or participating in surveys of patients and healthcare service providers.
You may not use this Site for any other purpose, including any commercial purpose not expressly permitted by written agreements with DKSH, without DKSH’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of DKSH. For purposes of these Terms and Conditions, ‘‘co-branding’’ means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this Site. You agree to cooperate with DKSH in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.
The Site may be made available to you in several different devices. You are solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other physical requirements for your use of the Platform, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, wearables, programs, and service required to access and use the Platform.
4. PROPRIETARY INFORMATION
The material and content accessible from this Site, and any other site owned, operated, licensed, or controlled by DKSH (the ‘‘Content’’) is the proprietary information of DKSH or the party that provided the Content to DKSH (the “Rights Owner”). DKSH and/or the Rights Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of DKSH, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates DKSH and/or the Rights Owner’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
5. HYPERLINKS
This Site may be hyperlinked to other sites which are not maintained by, or related to, DKSH. When you access a non-Platform site, even one that may contain the Platform logo, you leave the Site and understand that it is independent from DKSH, and that DKSH has not reviewed nor is it responsible for the content of any linked sites. DKSH makes no representations whatsoever about such resources or other sites. The inclusion of any link to a site does not imply endorsement by DKSH of the site or their entities, content, products, or services. All warranties, conditions or other terms express or implied as to any such linked site, including without limitation as to accuracy, ownership, validity or legality of any content of a linked site, are hereby excluded. It is up to you to take precautions to ensure the accuracy and validity of the content that you are relying on, and to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
6. SUBMISSIONS
You hereby grant to DKSH the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated through this Site (together, the ‘‘Submission’’), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. DKSH will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future DKSH operations.
DKSH will treat any personal information that you submit through this Site in accordance with its Privacy Policy https://login.hopepap.com.my
7. DISCLAIMER
7.1 GENERAL
You understand that DKSH makes no representation that the information in the Site is appropriate or available for use in locations outside Malaysia, and access to the Site from territories where the content of the Site may be illegal or inappropriate is strictly prohibited. If you choose to access the Site from other locations, you do so on your own initiative and are responsible for your compliance with applicable local, state, and federal laws while using the Platform, Site, and Services.
You further understand that DKSH cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. DKSH does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ‘‘AS IS’’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DKSH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DKSH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DKSH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DKSH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DKSH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DKSH MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and DKSH does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
7.2 FOR PATIENTS
You note that the Content on this Site is not meant to be a substitute for professional medical care, advice, diagnosis, treatment, or attention by a qualified healthcare practitioner, nor should it be implied as such, or be considered or relied on as such. The Platform is not intended to provide instruction on the use of any product produced or supplied by DKSH, its affiliates, related companies, or its licensors and partners. You should not rely on the Content of this Site or any other service offered by or through this Site for medical diagnosis or treatment. You should always check with your healthcare professional if you have any questions or concerns about your well-being, condition, and/or the Product, or before starting a new program of treatment. It is important to avoid self-diagnosis and/or self-treatment before seeking the advice of your healthcare professional. The Content on this Site does not constitute a doctor-patient relationship between DKSH and you. DKSH is not responsible or liable, directly or indirectly, for any form of damages whatsoever resulting from the use (or misuse) of Content contained in or implied by this Site. There is no implied endorsement of any sponsored product advertised on/through the Site. Products and services information provided on this Site is intended for use in Malaysia only, and you note that not all of which are available in every country.
7.3 FOR HEALTHCARE PROFESSIONALS, THIRD PARTY SERVICE PROVIDERS AND COMPANIES
DKSH disclaims all liability and responsibility arising from any reliance placed upon the Content that you (including but not limited to your employees and authorized representatives) provide through your use of the Site. You are solely responsible for the accuracy and completeness of your Content, and you must comply with all relevant laws, regulations and industry codes, including but not limited to anti-corruption and anti-bribery laws, anti-fraud laws, data privacy laws, regulated advertising laws, codes of professional ethics and standards, and pharmacovigilance standards and obligations that you are subject to.
7.4 PRODUCT INFORMATION
For specific information about particular Products, you should refer to the full Product use and prescribing information as approved by the relevant governmental authority of the country where you are located. The Product use and prescribing information provided here is based on Malaysia labeling and may not be appropriate outside of Malaysia.
You should be aware that unless otherwise stated, any Product(s) under development described on this Site have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials.
8. LIMITATION ON LIABILITY
DKSH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLATFORM Or SITE, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES OR PLATFORM, EVEN IF DKSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNITY
You will indemnify and hold DKSH, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ‘‘Indemnified Parties’’) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
10. TRADEMARKS
Trademarks, service marks, and logos appearing in this Site are the property of DKSH or the Rights Owner that provided the trademarks, service marks, and logos to DKSH. DKSH and/or the Rights Owner retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
11. INFORMATION YOU PROVIDE
You agree that you will not post, send, submit, publish, or transmit in connection with this Site any material that:
· you do not have the right to post, including proprietary material of any third party;
· advocates illegal activity or discusses an intent to commit an illegal act;
· is vulgar, immoral, obscene, pornographic, or indecent;
· does not pertain directly to the Platform;
· threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
· seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
· infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
· violates any law or may be considered to violate any law;
· impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
· advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
· solicits funds, advertisers, or sponsors;
· includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
· disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
· contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
DKSH reserves the right to monitor use of this Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason. DKSH reserves the right to terminate your access to the Platform at any time without notice for any reason, or no reason, whatsoever. DKSH also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Content uploaded to the Site may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions under this Section 11. You acknowledge and agree that neither DKSH nor any third party that provides Content to DKSH will assume or have any liability for any action or inaction by DKSH or such third party with respect to any Submission.
12. SECURITY
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. DKSH will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DKSH considers insecure, DKSH will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, DKSH reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. DKSH reserves the right to investigate suspected violations of these Terms and Conditions.
DKSH reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DKSH to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DKSH FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DKSH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DKSH OR LAW ENFORCEMENT AUTHORITIES.
13. MISCELLANEOUS
These Terms and Conditions will be governed and interpreted pursuant to the laws of Malaysia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Malaysia in connection with any dispute between you and DKSH arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions or pertaining to the subject matter of these Terms and Conditions will be in the courts in Malaysia. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. DKSH may revise these Terms and Conditions at any time by updating this posting.
14. CONTACT INFORMATION
Questions or comments regarding the Site may be submitted to hopepap@dksh.com
Last updated: May 20, 2021.
© [2021] [DKSH Distribution Malaysia Sdn. Bhd.]