BEFORE YOU USE THE WEBSITE OR CLICK ON THE “I AGREE” BUTTON, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING OR CLICKING ON THE “I AGREE” BUTTON, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND YOU SHALL BE BOUND BY THE SAME.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
MEDICAL OPINION ASIA
This agreement (“Agreement”) is an agreement between you, an individual (“you”) and Medo Asia Sdn Bhd (Company Registration No.: 1191890-K) (“us”, “we” or “our”) for the use of www.medicalopinionasia.com (“Website”).
1.1 The Website provides a platform for you to facilitate the communication between you and the available medical practitioners, specialists or professionals listed on the Website (“Medical Practitioner”) and for such Medical Practitioner to provide services to you based on the information provided by you via the Website. For the purpose of this Agreement, all the services to be provided by any of the Medical Practitioners including without limitation second medical opinion, video/audio consulting, telemedicine and online consultation shall be referred to as “Medical Services” and services available through the Website other than the Medical Services shall be referred to as “Services”.
1.2 You shall be at least eighteen (18) years old and be fully able and competent to enter into this Agreement with us.
1.3 This Agreement shall be read together with:
(a) all applicable law, regulations, guidelines, policies, orders, codes and/or other requirements as may be imposed by all relevant governmental bodies and authorities from time to time (collectively the “Applicable Law“); and
1.4 In this Agreement, unless the context otherwise requires:
(a) words denoting the singular include the plural and vice-versa;
(b) words denoting natural persons may include bodies corporate and unincorporated;
(c) references to any legislation or to any provision of legislation shall include any modification or re-enactment of that legislation or any legislative provision substituted for, and all regulations and statutory instruments issued under such legislation or provision;
(d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
(e) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and
(f) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.1 You shall be responsible for obtaining and maintaining all telephone, computer hardware, equipment, including mobile telephones or handheld devices and internet connection needed for access to and use of the Website, Services and Medical Services, and all charges related thereto.
3. GRANT OF LICENCE
3.1 In consideration of you agreeing to abide by this Agreement, we grant you a non-transferable, non-exclusive licence to use the Website. The right to access and use the Website is personal and the use of the same shall not be commercialised in any manner whatsoever.
4.1 If you wish to have full access to the Website and Services, you shall register with us by following the procedure set out in the Website. We may conduct a preliminary check, if necessary, and shall have the sole and absolute discretion to refuse to grant you full access to the Website.
4.2 You shall be solely responsible for keeping the username and password of your account registered with us confidential and secured at all times and shall immediately notify us of any unauthorised access to your account. Unless expressly agreed by us each user of the Website is limited to one account.
4.3 Upon successful registration, you may engage us to provide the Services to you by following the procedure set out in the Website. You agree that the Medical Practitioner selected by you via the Website may not always be available and in such event you may be requested to select another Medical Practitioner.
4.4 In order for us to provide Services to you, you are required to upload on to the Website all information, details, content, dimensions, data, photographs, text, descriptions, specifications, audio, video clips, graphics, case history, diagnostic reports and/or other medical related images, materials or documentation (“Information”) which is relevant to the person who you seek Medical Services for (“Subject”). For the purpose of this Agreement, the Subject shall be limited to either yourself or your immediate family member. You shall be responsible for:
(a) ensuring that all the relevant Information is made available to us;
(b) all Information made available to us is accurate, original, authentic, complete, reliable, current, error-free and will not infringe the intellectual property rights of any third party; AND
(c) the necessary consent has been obtained for us to process the Information related to the Subject.
4.5 You understand that the Medical Practitioner will be solely relying on the Information provided or supplied by you in providing the Medical Services and you understand the importance of complying with the requirements set out above.
4.6 You may be asked to provide additional verification or Information and we shall be entitled to refuse to provide you the Services in the event you do not agree or fail to provide the requested Information.
4.7 In the event that the contract for the provision of the Services is deemed to have been formed (usually when the Medical Practitioner has agreed to provide Medical Services to you), you may not modify or cancel the contract except with our agreement in writing and on the condition that you shall indemnify us in full against all loss, costs, damages, charges and expenses (including loss of profit) incurred by us as a result of such modification or cancellation.
5.1 The Information uploaded by you to the Website may be stored in our system and accessible by you via the Website (“Storage Services”) subject to you paying the fee displayed on the Website (“Storage Fee”). The storage period shall be one (1) year (“Storage Period”). Upon expiry of the Storage Period, you may renew the Storage Services by paying the Storage Fee for the following year. For the avoidance of doubt, the Storage Services shall be part of the Services.
5.2 We shall be entitled to remove all Information stored in the Website and/or our system upon the expiry of the Storage Period or, if renewed, upon the expiry of the last renewed Storage Period.
6. MEDICAL SERVICES
6.1 All contracts for the provision of Medical Services are strictly made by and between you and the relevant Medical Practitioner to the full and absolute exclusion of us and we shall not be made liable for any negligence, failure or breach by the Medical Practitioners in any manner whatsoever.
6.2 You agree and acknowledge that the Medical Practitioners are our independent contractors and we are not and shall not act as an agent for you or the Medical Practitioner and we will not make any efforts, or engage in any activity, or undertake any action whatsoever with a view to directing, influencing or managing the provision of Medical Services.
6.3 You may be asked to provide additional verification or Information and the Medical Practitioner shall be entitled to refuse to provide you the requested Medical Services in the event you do not agree or fail to provide the requested Information.
6.4 The Medical Services are provided solely as a form of guidance on the future course of treatment to be finalised in concurrence with the medical practitioner who has physically examined the Subject and are not intended and shall never be availed to cross check, verify, substitute or validate the course of treatment already undergone and any such usage shall amount to a breach of this Agreement.
6.5 All Information related to the Medical Services which is provided and/or communicated to you as part of the Medical Services shall not be used in any legal proceedings. For the avoidance of doubt any use of the said Information in any legal proceedings shall amount to a breach of this Agreement.
7. INFORMED CONSENT
7.1 By engaging the Services, you understand, acknowledge, consent and/or agree that:
(a) Services and Medical Services to be provided under this Agreement are not suitable for emergency medical needs. The Website, Services and Medical Services are not intended and are not in any way meant to assist in the treatment of any medical emergency. In the case of medical emergency, you are advised to immediately seek medical assistance at the clinic or hospital nearest to you;
(b) the Website provides mainly two types of Medical Services, namely the Medical Specialist Opinion and the Radiology Second Opinion, both as more particularly described in the Website. You must ensure that the Subject has already been attended and consulted physically by a medical practitioner and has a primary medical opinion. The Website, Services and Medical Services are solely intended for a person who desires to have a second opinion from one or more of our Medical Practitioners. You shall discuss and inform the medical practitioner who physically attended the Subject before you engage the Services;
(c) the Medical Practitioners do not have the benefit of any physical examination and resulting diagnosis which is therefore different from the traditional way of practicing medicine which involves a physical and personal consultation;
(d) the Services and Medical Services provided shall not substitute a direct treatment and personal visit to any qualified medical practitioner or hospital;
(e) the Medical Services provided by the Medical Practitioner are strictly based on and limited by the Information uploaded by you and the assumption that you have supplied us with accurate, complete and up-to-date Information;
(f) certain Information and facts which may affect the Medical Services may not be in the knowledge domain of the Medical Practitioner;
(g) you shall physically consult a medical practitioner and share the Information you obtained from the Medical Services with him/her, before acting on any such Information; and
(h) the provision of the Services and Medical Services are dependent on, among others, (i) the availability of internet which are beyond our control; and (ii) the availability of all relevant devices which may be owned by or under the control of the relevant Medical Practitioner and you. Deficiencies and/or failures of devices, equipment or unexpected operational problems and reasons beyond our control, may result in the delay or inability to provide Medical Services. We do not warrant that the Website, Services and Medical Services are available twenty four (24) hours a day.
You are aware of the restrictions and limitations set out above and agree to assume the entire risks associated with such restrictions and limitations.
7.2 You also understand and acknowledge that based on the above risks, restrictions and limitations:
(a) the Medical Practitioner may refuse to provide any Medical Services in cases where the Medical Practitioner is of the opinion that the requested Medical Services can only be provisioned (i) following physical examination and direct interaction with the Subject or (ii) until you have supplied or provided all the Information required by the Medical Practitioner for the purpose of Medical Services;
(b) in some instances, further tests on the Subject may be required and you may have to provide the results of the same, sometimes with additional cost; AND
(c) all Information communicated and provided to you in connection with the Services and Medical Services shall be considered only of an advisory nature and needs to be verified and validated by way of personal interaction with the Subject’s personal medical practitioner who has carried out a physical examination on the Subject. Such Information shall not be relied and acted upon before you physically consult a medical practitioner in the relevant field.
8.1 In consideration of the provision of the Services and Medical Services, you shall pay the charges or fee displayed on the Website to us (“Charges”).
8.2 You shall pay all the applicable Charges to us by following the procedure set out in the Website. You acknowledge that the payment system available on the Website is operated and provisioned by a third party payment system service provider. In using the payment system, you agree to be bound by the specific terms and conditions imposed by such service provider.
8.3 In the event that any disagreement or dispute between you and us or the Medical Practitioner, we reserve the right to retain any sums paid by you until a mutually amicable binding resolution has been reached or a definitive judicial decision has been made.
9. USER CONDUCT
9.1 In using and accessing the Website and/or Services, you shall:
(a) comply with all Applicable Law, including without limitation technology control or export laws and regulations that apply to the technology used or supported by the Website or any Services; and
(b) comply with all guidelines, rules, regulations, policies, instructions and procedures in connection with the Services as imposed or may be imposed from time to time by us at our absolute discretion.
9.2 The Website, Services, Medical Services and/or all Information contained on, in or available through the Website, Services and/or Medical Services shall be collectively referred to as the “Property”. Except as expressly set out in this Agreement, you shall not and shall not attempt to, whether by yourself or by allowing any third party to:
(a) cut, copy, distribute, recreate, disseminate, post, and/or publish the Property or any part thereof except where such act is incidental to the normal use of the Property, or where it is necessary for the purpose of back-up or operational security;
(b) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Property or any part thereof;
(c) make alterations or modifications to the whole or any part of the Property, or permit the Property or any part thereof to be combined with, or become incorporated in, any other programs;
(d) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Property;
(e) provide or otherwise make available the Website in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(f) use the Property or any part thereof for any purposes other than for your personal use;
(g) use the Property in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, include without limitation by hacking or inserting or transmitting malicious code, viruses, or harmful data into the Website or any operating system;
(h) use the Property or any part thereof in any legal proceedings without our prior written consent;
(i) misuse or abuse the Property in anyway or otherwise compromise the integrity of our software or systems;
(j) send or advertise any unsolicited advertising or promotional content through the Website without our permission;
(k) use the Property in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users’ use and enjoyment of the Website;
(l) collect or harvest any Information from the Property or our systems or attempt to decipher any transmissions to or from the servers running any of the Services and Medical Services except in such a way which is permitted by this Agreement or other agreements you have with us;
(m) transmit or cause to be transmitted through the Website any Information which violates or infringes the rights of others, which is unlawful, technologically harmful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; and
(n) engage in any conduct which will infringe our intellectual property rights or those of any third party in relation to your use of the Property or any party thereof.
9.3 If any part of the Website is copied in accordance with this Agreement, you shall keep all copies of the Website secured and to maintain accurate and up-to-date records of the number and locations of all copies of the Website and to include our copyright notice on all entire and partial copies you make of the Website on any medium.
9.4 The foregoing provisions are for the benefit of us and our related corporations, contractors, successors and assigns and each shall have the right to assert and enforce such provisions directly or on our behalf.
10.1 The Website or any Services may contain links to other independent third party sites. Such third party sites are not under our control, and we are not responsible for any Information contained therein.
11. CONSUMER PROTECTION
11.1 Notwithstanding anything contained herein, if you are dealing as a consumer under the Consumer Protection Act 1999 (“Act”) (consumer shall have the meaning prescribed to it by the Act, “Consumer”) and if the Act applies to the Services:
(a) we give you such implied warranties under the Act that cannot be excluded by the Act;
(b) this Agreement is only intended to exclude or limit the remedies and rights you may have to the maximum extent permitted by law and the Act; and
(c) nothing in this Agreement is intended to exclude or limit our liability to you for any loss or damage arising from: (i) the negligence on our part; or (ii) breach of any express terms contained herein or implied by the Act which cannot be excluded without adequate justification.
12.1 To the maximum extent permitted by all applicable law, the Website, Services and all Information contained on, in, or available through the Website and/or Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions, either express, implied or statutory, with respect to such Website, Services and Information.
12.2 Information in connection with the Website, Services and Medical Services which is made available to you by us may be furnished to us by third parties, including the Medical Practitioners. While we shall use all reasonable endeavours to ensure that such Information is communicated to you in its original form supplied to us by the third parties, we do not warrant that the said Information is accurate, complete, reliable, current, or error-free.
12.3 In relation to the use of the Website, we do not warrant that:
(a) the functions contained in the Website or Services will meet your requirements,
(b) the operation of the Website or Services will be uninterrupted or error-free, and
(c) any defects in the Website or Services will be corrected.
12.4 You hereby expressly acknowledge and agree that the access and use of the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
12.5 You understand that advice or recommendations are a matter of opinion and may not represent the true application, quality or feature of a particular service, as such you accept that any advice or recommendation given by us, our employees or agents is followed or acted upon entirely at your own risk.
12.6 For the avoidance of doubt this clause shall be subject to the provisions of the Act in the event that the Act is applicable.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that we, our suppliers, contractors, partners and/or licensors (if any), own and shall retain all right, title and interest in and to:
(a) all copyrights, patent rights, trade secret rights, and proprietary rights and other intellectual property rights embodied in the Property (and all copies and derivative works thereof, by whomever produced); and
(b) all of its respective service marks, trademarks, trade names or any other designations (collectively be referred to as the “Intellectual Property Rights”).
Nothing in this Agreement shall transfer or assign any such Intellectual Property Rights to you.
13.2 You have no rights in, or to, the Property other than to use the same in accordance with this Agreement or with our prior written approval.
13.3 The foregoing provisions of this Clause are for the benefit of us and our third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on our behalf.
14. CONFIDENTIAL INFORMATION
14.1 “Confidential Information” means all information of any kind, whether in machine readable or visually readable form, oral or otherwise and whether or not labelled as “Confidential”, including but not limited to technical information, data, know-how, information relating to the disclosing party’s or their respective affiliates’ business, trade secrets, revenue or income information, marketing strategies, financial condition and operations, and any other information that is by its nature confidential and proprietary to the disclosing party, that are made available by or on behalf of the disclosing party to the receiving party for the purposes relating to or in connection with this Agreement.
14.2 Except as otherwise required by law or the regulations of any securities exchange and prior written approval from the disclosing party, the receiving party of any of the Confidential Information agrees not to disclose such Confidential Information to any person except:
(a) to their respective personnel and advisors (including legal, financial and accounting advisors) (collectively, “Representatives”), who: (i) have a definite need to know such information; (ii) have been duly apprised of the requirements of this Clause; and (iii) are or will be bound to keep such information confidential as required in this Agreement;
(b) to all the relevant Medical Practitioners;
(c) to any medical practitioner for the purpose of face-to-face consultation or sharing the Information related to Medical Services to such medical practitioner; or
(d) only to the extent permitted under this Agreement.
14.3 Notwithstanding the foregoing, “Confidential Information” shall not include information that: (i) was, at the time of its disclosure, already in the possession of the receiving party and such party can establish, through reasonably sufficient and credible competent evidence, such prior possession; (ii) is independently developed by the receiving party, (iii) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party or its representatives; or (iv) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or its representatives; provided, however, that such source is not to the knowledge of the receiving party bound by a confidentiality agreement or other legal or fiduciary obligation of secrecy to the disclosing party.
14.4 In the event that this Agreement (or any part thereof) or any other Confidential Information is required to be disclosed in any manner due to the requirements of any applicable law or the regulations of any securities exchange or securities trading system, the party that believes it is so required to make such disclosure shall give prompt written notice to the disclosing party and allow the disclosing party to seek a protective order or other appropriate remedy. The party required to make any such disclosure shall: (i) only disclose such minimum information as is legally required and shall, at the request of the disclosing party, use commercially reasonable efforts to obtain confidential treatment for any Confidential Information that is to be disclosed and allow the disclosing party, if it wishes, to also take such measures as such other party deems necessary or desirable to challenge any such disclosure or to otherwise redact or minimize such disclosure; and (ii) fully cooperate with the disclosing party with respect to the disclosing party’s direction or efforts to challenge or minimize such disclosure as aforesaid.
15. PERSONAL DATA
15.1 All Personal Data collected from you will be processed by us in accordance with the privacy notice published on the Website.
16. LIMITATION OF LIABILITY
16.1 If you are dealing as a Consumer and in the event that the Act applies, nothing in this Agreement is intended to exclude or limit our liability to you for any loss or damage arising from: (i) the negligence on our part or (ii) breach of any express terms contained herein or implied by the Act which cannot be excluded without adequate justification. Save and except for the foregoing and to the maximum extent permitted by law:
(a) We shall not be liable for any damages of any kind arising from the use of the Website or from any Information or Services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive and consequential damages unless otherwise specified in writing. In no event shall we be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring the same; and
(b) In any event, our maximum and cumulative total liability (including any liability for acts and omissions of its employees agents and sub-contractors) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses however arising under this Agreement (“Default”) shall not exceed the Charges paid by you to us for the Service in connection with the Default.
17. FORCE MAJEURE
17.1 Either party shall not be liable to the other party or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations under this Agreement, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
(a) fire, act of God, storm, explosion, earthquake, flood, tempest, accident or other natural disaster;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, bye laws, prohibitions, import or export regulations, embargoes or measures of any kind imposed by any governmental, parliamentary or local authority;
(d) strikes, lock outs or other industrial actions or trade disputes;
(e) difficulties in obtaining raw materials, labour, fuel, parts or machinery; or
(f) telecommunication, transportation, power supply, network or system disturbances or failures, or breakdown in machinery resulting in the impossibility of the use of any of the aforementioned.
18.1 You agree to defend, indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys’ fees, arising from the your use of the Website, negligence or breach of this Agreement. This indemnity shall be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
19.1 We may immediately terminate this Agreement by notice without prejudice to any other rights we may have under this Agreement or at law in writing if:
(a) you are found to be in breach of any clause of this Agreement and such breach is not remedied within thirty (30) days of our written notice; or
(b) you shall pass a resolution for winding up or becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration (including without limitation bankruptcy proceeding) or if a receiving order is made against you or you make any arrangement or composition with your creditors.
19.2 Notwithstanding the foregoing, we reserve the right to suspend or cease your access to the Website (“Suspension”), with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if we are of reasonable opinion that your use of the Website will cause disturbances to other users of the Website or otherwise cause any disturbances to us in providing Services to other users of the Website.
19.3 Upon termination of this Agreement and during the Suspension,
(a) all rights granted to you under this Agreement shall cease;
(b) you must immediately cease all activities authorised by this Agreement; and
(c) when requested, you shall return or destroy all Confidential Information.
20. VARIATION OF THE TERMS
20.1 No revision, amendment or variation of this Agreement shall be effective and binding unless it is in writing. Notwithstanding the above, we reserve the right to amend this Agreement at any time, including but not limited to adding, deleting, amending, or modifying this Agreement or any part thereof. Such addition, deletion, amendment, or modification shall be effective immediately upon notice thereof, which may be given by means of, including without limitation, posting on the Website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Website by you after the issuance of such notice shall be deemed to constitute acceptance of this Agreement with such addition, deletion, amendment, or modification.
21. AVAILABILITY OF THE APP
21.1 We shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, design, hours of availability, and equipment or device needed for access to and use of the Website.
22.1 “Business Day” shall mean a day that is not a Saturday, a Sunday or a public holiday or bank holiday in the Federal Territory of Kuala Lumpur.
22.2 Except as otherwise agreed or provided in this Agreement, all notices and other communications to be given to any party pursuant to this Agreement shall be in writing and in the English language and shall be valid and sufficient if dispatched or sent to the address, email address or facsimile notified by the other party or made available to the other party though the Website. Such notice shall be deemed to have been served (a) if delivered personally, the next business day after it has been delivered; (b) if sent by registered mail or courier, five (5) days after dispatch; (c) if sent by facsimile, upon receiving the confirmation report stating successful transmission of the facsimile if sent before 5p.m. on a Business Day and if sent after 5p.m., the next Business Day; or (d) if sent by e-mail, upon successful delivery of the email and recorded as a sent email if sent before 5p.m. on a Business Day and if sent after 5p.m., the next Business Day.
22.3 Notwithstanding anything to the contrary in this clause, notification by way of email shall not be applicable to or valid with respect to any legal, notices, claims, demands, suits, actions and/or proceedings.
23. ENTIRE AGREEMENT
23.1 This Agreement (together with any documents referred to herein) constitutes the whole agreement between the parties relating to the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing relating to the subject matter hereof and no representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as set out in this Agreement.
24. ASSIGNMENT, NOVATION, DELEGATION AND SUBCONTRACTING
24.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
25. NO WAIVER
25.1 No failure or delay by us in exercising any right under this Agreement shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under this Agreement.
26.1 The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration or termination of this Agreement shall remain in full force and effect following the expiration or termination of this Agreement.
27. SUCCESSORS AND ASSIGNS
27.1 This Agreement shall be binding upon the parties and their permitted legal assigns and successors in title.
28.1 Any term condition stipulation provision covenant or undertaking of this Agreement which is illegal, invalid or unenforceable shall be fully severable and ineffective to the extent of such illegality, invalidity or unenforceability without invalidating the remaining provisions hereof which shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof.
29. NO AGENCY/PARTNERSHIP
29.1 Nothing in this Agreement shall create, or be deemed to create, a joint venture, partnership or the relationship of principal and agent between/among the parties. No party has any authority to act, make representations or bind or contract on behalf of any/the other party.
30. DISPUTE RESOLUTION
30.1 Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the KLRCA. The place of arbitration shall be Kuala Lumpur. Any award by the arbitration tribunal shall be final and binding upon the parties and enforcement of the arbitration award may be rendered in the Courts of Malaysia.