TERMS OF SERVICE

Last Updated: 18th September 2021

Please read these Terms of Service (the “Agreement”) carefully. Your use of the Website (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and SKYNFYX SDN. BHD. (“Company” or “we” or “us”) concerning your use of (including any access to) the SKYNFYX site currently located at https://skynfyx.com/ (together with any materials and services available therein, and successor site(s) thereto, the “Website”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).

Please note that the Website may identify, or make available products or services of, certain healthcare providers (“Provider Entities”). Any Provider Entities are third parties, and any such products or services (which may include healthcare services, drugs or medical devices) are considered Third Party Materials, as defined below. Company itself is not a healthcare provider, and is not responsible for any such Third Party Materials.

Minors

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please contact us at info@skynfyx.com.

  1. Modifications to Terms of Service

  2. We may change the Terms of Service at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Service for revisions. Changes in the Terms of Service will be effective when posted. If SKYNFYX makes a material change, SKYNFYX will notify you here in this Terms of Service or by any other means we deem appropriate. SKYNFYX may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Website and/or the Services after we have modified this posting will constitute your acceptance of any changes.

  3. Information Submitted Through the Website

  4. Your submission of information through the Website is governed by Company’s Privacy and Security Policy, located at https://skynfyx.com/privacypolicy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete and that you will maintain and update such information as needed.

  5. Jurisdictional Issues

  6. The Website is controlled or operated (or both) from Malaysia and is not intended to subject Company to any non-Malaysia jurisdiction or law. The Website may not be appropriate or available for use in some non-Malaysia jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

  7. Important Acknowledgements

  8. You understand that you will periodically receive correspondence from SKYNFYX at the email address you register with your Account. While these emails will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, it is critical that you safeguard your designated email address and restrict access thereto. The registration of an email address with your Account indicates your consent for SKYNFYX to transmit your Personal Information, including your Sensitive Personal Information, to such address. For more information on Personal Information and Sensitive Personal Information, review our Privacy Policy.

    You understand that the Teledermatology services and any customized prescription products made available through the Website are provided by Doctors medically certified and duly registered with the Malaysian Medical Council (MMC) rather than by Company and that Company is not itself a healthcare provider.

    You understand that the Website and Products (as “Products” is defined in Section 6, below) facilitate dermatology consultations limited to the diagnosis and treatment of acne and skin aging (and related conditions), and not for any other medical or dermatological conditions, including skin cancer.

    You understand that the Website is not a substitute for the in-person treatment or advice of your local dermatologist, primary care physician or any other qualified healthcare professional.

    You understand that you should never delay seeking advice from your dermatologist, primary care physician or any other health professionals due to any diagnosis, advice or other information provided (or the omission of any such information) by Company, the Website or the Products, or a healthcare provider through Company, the Website or the Products.

    You understand that the Website is not to be used in connection with medical emergencies. If you are experiencing a medical crisis, please call 999 or contact your local emergency assistance services immediately. If you are not feeling well, please contact your primary care physician.

  9. Rules of Conduct

  10. In connection with the Website, you must not:

    • Contact or seek to contact any healthcare professional associated with SKYNFYX outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.

    • Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

    • Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

    • Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.

    • Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.

    • Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

    • Harvest or collect information about users of the Website.

    • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.

    • Restrict or inhibit any other person from using the Website.

    • Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.

    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.

    • Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.

    • Remove any copyright, trademark or other proprietary rights notice from the Website.

    • Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.

    • Systematically download and store Website content.

    • Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.

    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.

    • “Frame” or “mirror” any SKYNFYX content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

    • In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.

    • You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.

  11. Know Your Customer (KYC) / electronic Know Your Customer (eKYC)

  12. The Website has established electronic Know Your Customer (eKYC) procedures to improve the flow of information and avoid information breaches or loss. SKYNFYXcan ensure customers are who they claim they are, the information provided is accurate without being tampered, hence to ensure that the right person is receiving treatment or advice. Safe digital identity/eKYCsolutions are required to enable you and SKYNFYXDoctors to adequately identity yourselves and to reduce or eliminate the chance for fraud to take place.

  13. Products

  14. The Website may make available listings, descriptions and images of goods or services or related coupons, discounts or trials of goods or services (collectively, “Products”), as well as references and links to Products. The availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.

  15. Shipping

  16. Within Malaysia:
    RM 8.00 for Peninsular Malaysia, RM 15.00 for Sabah and Sarawak.

    Outside Malaysia/Overseas:
    Shipping starts from RM 25.00.

    Once SKYNFYX Doctors review your case, a bottle of cream will be prescribed for you. We will ship the bottle to your home within 2-3 business days.

    All Items will be ship through EasyParcel. Please expect 2 -5 days for your package to be delivered. For tracking, please click here.

    All orders will be prepared and ship as quickly as possible when our doctors review your case, but we ask that you allow 2-3 business days for your order to be fulfilled.

    While most orders arrive in a very timely manner, shipping times cannot be guaranteed. Delivery delays can occur due to weather, EasyParcel errors or other factors beyond our control.

    How to prevent delivery delays

    • Include an emergency contact number at checkout.

    • Double-check the address and all information before submitting your order.

    • Add info@skynfyx.com to your email whitelist to be sure that you'll receive email notifications if there are any questions or issues with your order.

    • If you receive a notice or call asking you to contact us, please respond. It often means that we will not be able to proceed without additional information from you.

    • If you are emailing about an order, please include the name the order was placed in and the order number, if known. This will help us locate your order information and respond more quickly.

    Shipping to an address other than your BILLING address

    If the shipping address for your order does not match the billing address on your credit card, we may require you to list the alternate address with your credit card company. This extra step in the ordering process helps prevent fraudulent use of your credit card. We may need to contact you via either the phone number or email address that you provided with your order to inform you of this requirement.

  17. Transactions

  18. We reserve the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believes you to be in breach of the Terms of Use. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

  19. Registration; User Names and Passwords

  20. You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or Website account. You may not use the Website account of any other SKYNFYX user at any time. You will not permit others to use your SKYNFYX Account and will refrain from charging anyone for access or use of any portion of your SKYNFYX Account. If you are under the age of 18, your user name and password should also be shared with your parent or legal guardian for the purposes of monitoring your medical care.

  21. Profiles and Forums

  22. Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. “Submissions” do not include your sensitive health information. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Website, you do so at your own risk.

  23. License

  24. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

    In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.

    You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Website, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

  25. Monitoring

  26. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, evaluate, alter or remove Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Website, at any time, including while it is in transit, and before and after it is stored or made available through the Website, and to monitor, review, analyze or evaluate your access to or use of the Website, in each case by manual, automated or other means, and in each case for any purpose, including marketing and advertising and such purposes as may be described in the Privacy Policy. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

  27. Your Limited Rights

  28. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Website, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.

  29. Third Party Materials; Links

  30. Certain Website functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

    We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Website at any time. In addition, the availability of any Third Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

    Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

  31. Promotions

  32. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

    We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contents and promotions, as further described in our Privacy Policy provided however that we will not use your personal information for our promotions or for our marketing of products without your prior written consent. Notwithstanding the foregoing, you agree that SKYNFYX may communicate your personal information to the independent healthcare providers and/or healthcare professionals featured on the Website in connection of any health information provided by the independent healthcare providers and/or healthcare professionals. SKYNFYX is not responsible for any unauthorized promotions and offers offered by third parties through the Website.

  33. Disclaimer of Warranties

  34. To the fullest extent permitted under applicable law: (a) the Website and any Products and Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Website and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title.

    You understand and agree that any information, products or services obtained through the use of the Website is obtained at your own discretion and risk, and that you will be solely responsible for any damage or loss that results from the use thereof. no advice or information, whether oral or written, obtained by you from Company or the Website will create any warranty not expressly made herein.

    All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and any Provider Entities, and their affiliates and respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

    While we try to maintain the timeliness, integrity and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact us at info@skynfyx.com with a description of such alteration and its location on the Website.

  35. Limitation of Liability

  36. SKYNFYX and any of our owners, subsidiaries, affiliated companies, employees, shareholders, or directors shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including and without limitation to any damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the Website or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Your use of the Website or the Services is at your own risk. If you disagree or dissatisfied with any portion of the Website or the Services, your sole and exclusive remedy is to discontinue use of the Website or the Services.

  37. Indemnification

  38. You agree to indemnify and hold harmless SKYNFYX and any of our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, officers, consultants and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including and without limited to cost of defence of claims, suits or proceedings brought against SKYNFYX), in any way related to your access to or use of SKYNFYX or the Service or your breach of any of these Terms.

  39. Governing Law and Jurisdiction

  40. These Terms of Use and any claim, cause of action or dispute arising out of such use of the Services or the Website are governed by and construed in accordance with the internal substantive laws of Malaysia and under the exclusive jurisdiction of Malaysian Courts, without respect to its conflict of laws principles.

  41. Termination

  42. This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to info@skynfyx.com. Company may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of seven (7) years, unless a longer period is required by federal law, after which they may be destroyed.

  43. Information or Complaints

  44. If you have a question or complaint regarding the Website, please send an e-mail to info@skynfyx.com. You may also contact us by writing to 32-2B, Jalan Pahat 15/G, Dataran Otomobil, 40200 Shah Alam, Selangor, Malaysia. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

© 2020 SKYNFYX SDN. BHD. unless otherwise noted. All rights reserved.

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