Welcome to the Ebizmedic website and/or the Ebizmedic mobile app (“Platform”). Please read these Terms of Use (including all Schedules and Annexes) (“Terms”) carefully. These Terms govern your use and access of the Platform as a vendor or buyer and is agreed between you and Ebizmedic Sdn Bhd (Registration No. 202101005915 (1406214-X)) nd its affiliates and subsidiaries (individually and collectively, "Ebizmedic", "we", "us" or "our") on the date you click the “I Accept” button or any other similar button to complete your online sign-up process to become a buyer or seller on the Platform (“Effective Date”). By accessing the Platform and/or using the Services, you agree to be bound by these Terms and any amendments to the foregoing issued by us from time to time. If you do not agree to these Terms, the Privacy Policy and any other policies as determined by Ebizmedic do not access and/or use this Platform and/or the Services.
BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AND ALL POLICIES OF THE PLATFORM AVAILABLE AT WWW.EBIZMEDIC.COM ARE INCORPORATED BY REFERENCE.
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1 |
INTRODUCTION |
1.1 |
Please read the following Terms carefully before using the Platform or opening an account ("Account") so that you are aware of your legal rights and obligations with respect to Ebizmedic. The "Services" we provide or make available include (a) the Platform, (b) the services provided by the Platform and by Ebizmedic client software made available through the Platform, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms. These Terms govern your use of Services provided by Ebizmedic. |
1.2 |
The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Vendor”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Vendor and Ebizmedic is not a party to that or any other contract between Buyer and Vendor and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Ebizmedic is not involved in the transaction between Users. Ebizmedic may or may not pre-screen Users or the Content or information provided by Users. Ebizmedic reserves the right to remove any Content or information posted by you on the Platform in accordance to these Terms herein. Ebizmedic cannot ensure that Users will actually complete a transaction. |
1.3 |
Before becoming a User of the Platform, you must read and accept all of the terms and conditions in, and linked to, these Terms and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto. |
1.4 |
Ebizmedic reserves the right to change, modify, suspend or discontinue all or any part of this Platform or the Services at any time or upon notice as required by local laws. Ebizmedic may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Ebizmedic may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in its sole discretion and without notice or liability. |
1.5 |
Ebizmedic reserves the right to refuse to provide you access to the Platform or Services or to allow you to open an Account for any reason. |
BY USING EBIZMEDIC SERVICES OR REGISTERING/SIGNING UP FOR AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM.
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2 |
PRIVACY |
2.1 |
Your privacy is very important to us at Ebizmedic. To better protect your rights we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Ebizmedic collects and uses the information associated with your |
2.2 |
Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Platform, you:
(i) consent to Ebizmedic’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;
(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Ebizmedic; and
(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Ebizmedic’s prior written consent.
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2.3 |
Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws. |
2.4 |
From time to time, Ebizmedic and/or the Vendors may send marketing information regarding activities in the Ebizmedic network that may not relate directly to your Account to the email address or mobile phone number associated with your Account. You have the right to opt out from receiving marketing information at any time and may also choose to opt in again in the future. |
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3 |
LIMITED LICENSE |
3.1 |
Ebizmedic grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Platform are the property of Ebizmedic and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website). |
3.2 |
You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with Ebizmedic. You acknowledge that Ebizmedic may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice. |
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4 |
SOFTWARE |
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Any software provided by us to you as part of the Services is subject to the provisions of these Terms. Ebizmedic reserves all rights to the software not expressly granted by Ebizmedic hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Ebizmedic. |
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5 |
ACCOUNTS AND SECURITY |
5.1 |
To be a registered as a buyer for the Platform, you must first submit via the Platform the following:
a. fill up and provide the necessary documentations in the registration form provided in the Platform which includes but not limited to clinic name, clinic registration number, name of clinic owner (with certificate of registration (Borang B or Borang F), details of person in charge (name, NRIC No. Malaysia Medical Council Registration Number, annual practicing certificate number together with supporting documents);
b. have a valid email address;
c. have a telephone number or mobile telephone number issued by a Malaysian telecommunications carrier; and
d. have a billing address and shipping address located in Malaysia.
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5.2 |
To be successful in your registration as a buyer on the Platform and to be able to purchase products on the Platform, you must at all times:
a. be registered with Companies Commission of Malaysia under the Registration of Business Act 1956;
b. be registered with the respective state in which your clinic is situated under the Private Healthcare Facilities & Services Act 2016;
c. be registered with Malaysia Medical Council (“MMC”);
d. possess the requisite up to date non-expired annual practicing certificate (“APC”) issued by MMC.
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5.3 |
Upon submission of the required information and documents as required in the Platform, Ebizmedic shall assess your submission before approving your registration. Unless you have provided the necessary information and documentations as required by the Platform and at the sole discretion of Ebizmedic any further documents to be provided, you shall not be registered as a buyer. |
5.4 |
Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Ebizmedic, in its sole discretion, finds offensive or inappropriate, Ebizmedic has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Ebizmedic has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms and/or our Privacy Policy, may also apply to your use of those products, websites or services. |
5.5 |
You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Platform, (c) immediately notify Ebizmedic of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Ebizmedic will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section. |
5.6 |
You agree that Ebizmedic may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Platform any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Ebizmedic deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Platform for the purpose of commercial re-sale, (f) abnormal or excessive purchase of products from the same Vendor or related group of Vendors, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value and/or abnormal or excessive use of vouchers on the Platform), or (h) behaviour that is harmful to other Users, third parties, or the business interests of Ebizmedic. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Ebizmedic may terminate your Account immediately with or without notice. |
5.7 |
Users may terminate their Account if they notify Ebizmedic in writing (including via email at support) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Ebizmedic after he or she has promptly and effectively carried out and completed all incomplete transactions according to these Terms. Ebizmedic shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Ebizmedic. |
5.8 |
You shall have only one Account. |
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6 |
TERM OF USE |
6.1 |
The license for use of this Platform and the Services is effective until terminated. This license will terminate as set forth under these Terms or if you fail to comply with any term or condition of these Terms. In any such event, Ebizmedic may effect such termination with or without notice to you. |
6.2 |
You agree not to:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights;
c. upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
d. use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
f. remove any proprietary notices from the Platform;
g. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Ebizmedic;
h. use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
i. use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
j. open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms;
k. access the Ebizmedic platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software;
l. manipulate the price of any item or interfere with other User’s listings;
m. take any action that may undermine the feedback or ratings systems;
n. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Ebizmedic with respect to the Services and/or data transmitted, processed or stored by Ebizmedic;
o. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
p. upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
q. upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
r, upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
s. upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
t. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
u. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
v. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
w. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
x. use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
y. infringe the rights of Ebizmedic, including any intellectual property rights and any passing off of the same thereof;
z. use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or
aa. list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.
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6.3 |
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Ebizmedic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Ebizmedic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Platform. |
6.4 |
You acknowledge that Ebizmedic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Platform without any liability to you. Without limiting the foregoing, Ebizmedic and its designees shall have the right to remove any Content (i) that violates these Terms or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Ebizmedic or submitted to Ebizmedic, including, without limitation, information in any forums and in all other parts of the Platform. |
6.5 |
You acknowledge, consent to and agree that Ebizmedic may access, preserve and disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Ebizmedic or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ebizmedic, its Users and/or the public. |
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7 |
VIOLATION OF OUR TERM OF USE |
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Violations of these Terms may result in a range of actions, including, without limitation, any or all of the following:
– Listing deletion
– Limits placed on Account privileges
– Account suspension and subsequent termination
– Criminal charges
– Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.
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7.2 |
If you believe a User on our Platform is violating these Term, please contact help at info@ebizmedic.com. |
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8 |
REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT |
8.1 |
As stated above, Ebizmedic does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”). |
8.2 |
Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Ebizmedic in any way and Ebizmedic is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform. |
8.3 |
If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form at https://Ebizmedic-support.formstack.com/forms/ipr_my and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Ebizmedic will respond to your complaint as soon as practicable. |
8.4 |
Complaints under this Section 8 must be provided in the form prescribed by Ebizmedic, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c ) a description of the nature of alleged infringement with sufficient details to enable Ebizmedic to assess the complaint (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Ebizmedic to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint. |
8.5 |
Ebizmedic acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, Ebizmedic does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution. |
8.6 |
Each and every Vendor agrees to hold Ebizmedic and its affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim. |
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9 |
PURCHASE AND PAYMENT |
9.1 |
Ebizmedic supports one or more of the following payment methods in each country it operates in:
(i) Credit Card/Debit Card
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. Ebizmedic shall not be held responsible for any loss or damage to the Buyer arising from the usage of the credit card/debit card method when making payment.
(ii) Bank Transfer
Buyer may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated account as indicated on the Platform. The Buyer must provide Ebizmedic with the transfer or bank-in receipt for verification purposes by emailing such transfer or bank-in receipt to info@ebizmedic.com and include the relevant order number and total amount paid. If payment confirmation is not received by Ebizmedic within three (3) days, Buyer’s order will be cancelled.
(iii) Buy Now Pay Later (“BNPL”)
Buyer may use the BNPL payment system developed by Ebizmedic for the implementation and administration of an online payment solution, whereby Ebizmedic agrees to accept payment by Buyer on a deferred basis, and Ebizmedic agrees to allow Buyer to make payment for the deferred payables via instalments, and which includes performing validation checks and assessments on Consumers using the system, managing accounts and processing transactions and requests. Such method shall be subject to the BNPL Terms and Conditions applicable.
(iv) E-wallet
Buyer may use any e-wallet payment method as allowed on the Platform. All such e-wallet are maintained and processed by third party and Ebizmedic shall not be held responsible for any loss or damage to the Buyer arising from the usage of the e-wallet method when making payment.
(v) Any other method of payment allowed on the Platform.
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9.2 |
Buyer may only change their preferred mode of payment for their purchase prior to making payment. |
9.3 |
Ebizmedic takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available. Ebizmedic shall not be held responsible for any loss or damage to the Buyer arising from the usage of any of the payment method that is maintained and processed by third party. |
9.4 |
Ebizmedic shall not be responsible for the education and training of how to use any of the Products or services listed on the Platform. The Vendor shall be sole responsible to provide any manual, explanation and training to the Buyer. The customer service provided on the Platform is only to assist Users with technical issues, payment issues and/or delivery issues. The Vendor is responsible to appoint a consultant or sales person to Ebizmedic for all enquiry forwarding. |
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10 |
DELIVERY |
10.1 |
Ebizmedic will inform Vendor when Ebizmedic receives Buyer’s payment for his/her/its order (“Buyer’s Purchase Monies”). Unless otherwise agreed with Ebizmedic, Vendor should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Platform. |
10.2 |
Vendor must use his/her/its best effort to ensure that Buyer receives the purchased items within the time period specified by Vendor on Vendor’s listing. The Buyer must provide the correct shipping address for delivery. Any product failed to be delivered after three (3) attempts shall be returned to our warehouse for our further action. Ebizmedic and/or the Vendor shall not be liable for any failure to deliver if the Buyer did not provide the correct delivery address. |
10.3 |
Users understand that Vendor bears all risk attached to the delivery of the purchased item(s) and warrants that it has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Ebizmedic will not be liable for any damage, expense, cost or fees resulted therefrom and Vendor and/or Buyer will reach out to the logistic service provider to resolve such dispute. |
10.4 |
Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Vendor and Ebizmedic in such proportions as may be determined by Ebizmedic and published on the Platform from time to time. Ebizmedic shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Vendor’s proportion of the Shipping Fee from the Buyer’s Purchase Monies, and (iii) pay the total Shipping Fee to the delivery company. |
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11 |
CANCELLATION AND RETURN |
11.1 |
Buyer may not cancel his/her/its order upon confirmation of order and payment has been made by the Buyer |
11.2 |
Ebizmedic reserves the right to cancel any transaction on the Platform and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies. |
11.3 |
Ebizmedic shall monitor the cancellation and return process. Ebizmedic shall not be liable for any return. Any issues you may have on any return shall be with the Vendor you purchase the items from. For the avoidance of doubt, once the Products are delivered to the Buyer, the Buyer is not entitled to any refund. |
11.4 |
All returns, replacement or failed delivery request shall be as per the Return, Replacement and Failed Delivery Policies. All request must be made to Ebizmedic within three (3) days from receiving the Product or if the Buyer did not receive the goods because of absence from the delivery destination address or failure to input correct address, that date would be the date on which the first delivery attempt was made. |
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12 |
VENDOR’S RESPONSIBILITIES |
12.1 |
Vendor shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Vendor’s listing and shall not post inaccurate or misleading information. |
12.2 |
The price of items for sale will be determined by the Vendor at its own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Vendor shall not charge Buyer such amount additionally and separately. |
12.3 |
Vendor agrees that Ebizmedic may at its discretion engage in promotional activities to induce transactions between Buyer and Vendor by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay will be the price that such adjustment is applied to. |
12.4 |
For the purpose of promoting the sales of the items listed by Vendor, Ebizmedic may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Ebizmedic. |
12.5 |
Vendor shall issue receipts, credit card slips or tax invoices to Buyer on request. |
12.6 |
Vendor acknowledges and agrees that Vendor will be responsible for paying all taxes, customs and duties for the item sold and Ebizmedic cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Vendors are advised to seek professional advice if in doubt.
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12.7 |
Vendor acknowledge and agrees that Vendor’s violation of any of Ebizmedic’s polices will result in a range of actions as stated in Section 7.1 of these Terms or as per the Terms of Service (Vendor).
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12.8 |
Ebizmedic does not provide or give any implied warranties or guarantees to any products or services offered and/or provided by Vendor nor does Ebizmedic gives any express warranty or guarantee as to the suitability, availability, suitability of the products and/or services. All warranties or guaranties to any products are provided by the Vendor. |
12.9 |
The contents or material or information on the products on the Platform are provided by the Vendor. The Vendor shall ensure that content or material is correct, accurate, reputable, of high-quality and up-to-date and does not make any exaggerated warranties or guarantees in relation to products and/or services. Where any inaccuracy has been brought to Ebizmedic’s attention, Ebizmedic will attempt to correct any inaccuracies within a reasonable time and where practicable to do so. |
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13 |
DISPUTES |
13.1 |
In the event a problem arises in a transaction, the Buyer and Vendor agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Ebizmedic shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction. |
13.2 |
We will make reasonable efforts to ensure Personal Data likely to be used by us or disclosed by us to another organization is accurate and complete. However, you should update us of any changes in your Personal Data. We will not be responsible for relying on inaccurate or incomplete Personal Data if you have not updated us of changes. |
13.3 |
Each Buyer and Vendor covenants and agrees that it will not bring suit or otherwise assert any claim against Ebizmedic or its Affiliates (except where Ebizmedic or its Affiliates is the Vendor of the product that the claim relates to) in relation to any transaction made on the Platform or any dispute related to such transaction. |
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14 |
FEEDBACK |
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Ebizmedic welcomes information and feedback from our Users which will enable Ebizmedic to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the Platform.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
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15 |
DISCLAIMERS |
15.1 |
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY EBIZMEDIC OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EBIZMEDIC DOES NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS |
15.2 |
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. |
15.3 |
EBIZMEDIC HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, MERCHANTIBILITY, QUALITY, SAFETY OR LEGALITY OF PRODUCTS AVAILABLE ON THE PLATFORM OFFEREDBY THE VENDORS; OR (B) THE ABILITY OF VENDORS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS.IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE EBIZMEDIC AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
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16 |
EXCLUSIONS AND LIMITATIONS OF LIABILITY |
16.1 |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBIZMEDIC BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(a) (i) LOSS OF USE; (ii) LOSS OF PROFITS; (iii) LOSS OF REVENUES; (iv) LOSS OF DATA; (v) LOSS OF GOOD WILL; OR (vi) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(b) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF EBIZMEDIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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16.2 |
YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES. |
16.3 |
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, EBIZMEDIC IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) TOTAL PURCHASE CONSIDERATION FOR THE PARTICULAR ORDER; AND (B) RINGGIT MALAYSIA FIVE THOUSAND (RM5,000.00), WHICHEVER LOWER. |
16.4 |
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY EBIZMEDIC’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF EBIZMEDIC THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED. |
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17 |
LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE |
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Third party links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under the control of Ebizmedic in any manner whatsoever and you therefore access them at your own risk. Ebizmedic is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Ebizmedic is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Ebizmedic of any linked site and/or any of its content therein. |
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18 |
YOUR CONTRIBUTIONS TO THE SERVICES |
18.1 |
By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Ebizmedic. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Ebizmedic and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements. |
18.2 |
Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Ebizmedic by any means (each, a "Submission"), is not considered confidential by Ebizmedic and may be disseminated or used by Ebizmedic without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Ebizmedic, you acknowledge and agree that Ebizmedic and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Ebizmedic and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services. |
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19 |
THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS |
19.1 |
Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Ebizmedic is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Ebizmedic responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services |
19.2 |
In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Ebizmedic. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Ebizmedic has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Ebizmedic shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Ebizmedic may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms. |
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20 |
YOUR REPRESENTATIONS AND WARRANTIES |
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You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
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21 |
FRAUDULENT OR SUSPICIOUS ACTIVITY |
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If Ebizmedic, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Ebizmedic, other Buyers or Vendors, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Malaysia or elsewhere and directed to Ebizmedic;
(c) We may refuse to provide the Services to you now and in the future;
(d) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Ebizmedic or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Buyer or Vendor files directly with Ebizmedic.
"Reversal" means the reversal of a payment by Ebizmedic because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by Ebizmedic, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms or any other Ebizmedic policy, or (e) Ebizmedic decided a Claim against you.
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22 |
INDEMNITY |
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You agree to indemnify, defend and hold harmless Ebizmedic, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform, or any dispute in relation to such transaction (except where Ebizmedic or its affiliates is the Vendor in the transaction that the dispute relates to), (b) the hosting, operation, management and/or administration of the Services by or on behalf of Ebizmedic, (c) your violation or breach of any term of these Terms or any policy or terms or guidelines referenced herein, (d) your use or misuse of the Services, (e) your breach of any law or any rights of a third party, or (f) any Content uploaded by you. |
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23 |
SEVERABILITY |
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If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction. |
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24 |
GOVERNING LAW |
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These Terms shall be governed by and construed in accordance with the laws of Malaysia without regard to its conflict of law rules. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) under the AIAC Arbitration Rules. The seat of arbitration shall be Kuala Lumpur. The arbitration proceedings shall be conducted in English. Notwithstanding the foregoing, if either party believes that it may suffer irreparable harm prior to the resolution of any conflict by following the arbitration procedures, such party may apply to a court of competent jurisdiction for a restraining order or other equitable relief in order to prevent or alleviate such harm pending the arbitration. |
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25 |
GENERAL PROVISIONS |
25.1 |
Ebizmedic reserves all rights not expressly granted herein. |
25.2 |
Ebizmedic may unilaterally modify these Terms at any time by posting the revised Terms s on the Platform, without requiring your express or implied consent and without prior notice of such modifications. Your continued use of the Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Use. |
25.3 |
You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations. |
25.4 |
Nothing in these Terms shall constitute a partnership, joint venture or principal-agent relationship between you and Ebizmedic, nor does it authorise you to incur any costs or liabilities on Ebizmedic’s behalf. |
25.5 |
The failure of Ebizmedic at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. |
25.6 |
These Terms are solely for your and our benefit and are not for the benefit of any other person or entity, except for Ebizmedic’s affiliates and subsidiaries (and each of Ebizmedic’s and its affiliates’ and subsidiaries’ respective successors and assigns). |
25.7 |
The terms set forth in these Terms and any agreements and policies included or referred to in these Term of Use constitute the entire agreement and understanding of the parties with respect to the Services and the Platform and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Term of Use may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. |
25.8 |
You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Malaysia Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements. |
25.9 |
If you have any questions or concerns about these Term of Use or any issues raised in these Terms or on the Platform, please contacts us at: info@ebizmedic.com |
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LEGAL NOTICES: Please send all legal notices to info@ebizmedic.com.
I HAVE READ THIS TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
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