1.1 These Terms and Conditions of use (“Terms of Use”) apply to the TMC Care Sdn. Bhd. (1180199-M/201601009271), a Malaysian company having its registered address at Level 7, Menara Milenium, Jalan Damanlela, Pusat Bandar Damansara, Damansara Heights, 50490 Kuala Lumpur (“TMC Care”, “we”, “us”, or “our”) website located at www.tmcarepharmacy.com. These Terms of Use govern your access and use of the platform and any services, information, and functions made available in the website including processing of your personal data as prescribed in the Privacy Policy at https://www.tmccarepharmacy.com/privacy-policy/. By accessing the platform and/or using the services, you agree to the Terms of Use , as well as any amendments to the foregoing from time to time. If you are not agree, do not use this platform or its services.

1.2 The Terms of Use stated herein constitute a legal agreement between you and TMC Care

1.3 TMC Care at its soles discretion reserves all rights to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Changes are effective when published on the platform. Your continued use of the platform following the posting of changes will mean that you accept and agree to the changes.

1.4 If you are under the age of 18 or the legal age for giving consent under the applicable laws in your country, you must obtain permission from your parent/s or legal guardian/s to register for an account on the platform. If you are the said parent or legal guardian of a minor creating and maintaining an account on the platform, you must accept and comply with these Terms of Use on the minor’s behalf, and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the platform, services, and/or purchases made on the platform. If you do not have consent from your parent/s or legal guardian/s, you must stop using and accessing this platform and its services.

2. USE OF THE PLATFORM AND ITS SERVICES

2.1 We grant you a non-transferable and revocable license to use the platform and its services, subject to these Terms of Use, for the purpose of purchasing   items sell on the platform. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by TMC Carein advance. Any breach of these Terms of Use will result in the immediate revocation of the license granted herein without any notice to you.

2.2 Every user of the platform is solely responsible for keeping their password and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under said password or account. Furthermore, you must notify us of any unauthorized use of your password or account. TMC Care shall not be responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.3 TMC Care may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the platform or any services and shall not be liable if any such upgrade, modification, suspension, or removal prevents you from accessing the platform or any part of the services.

2.4 TMC Care reserves the right, but shall not be obliged to:

(a) monitor, screen, or otherwise control any activity, content, or material on the platform and/or through the services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action deemed appropriate;
(b) prevent or restrict access of any unauthorised user to the platform and/or the services;
(c) report any activity it suspects to be in violation of any applicable law, statute, or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the services and/or access of the platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or if we have reasonable grounds to suspect that you have provided inaccurate, misleading, or fraudulent information and/or data.

3. USER SUBMISSIONS

3.1 You grant us a non-exclusive licence to use the materials or information that you submit to the platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties as to the origin of any Submission. We may but shall not be obligated to remove or edit any Submission.

4. TRADEMARKS AND COPYRIGHTS

4.1 All intellectual property rights, whether registered or unregistered, on the platform, information content on the platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.

4.2 No part or parts of the platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system, or equipment without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the platform shall claim any right, title, or interest therein. Permission will only be granted to you to download, print, or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the materials.

5. OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

5.1 The platform and all data and/or information contained therein and/or the services are provided on an “as is” and “as available” basis without any warranties, claims, or representations made by TMC Care of any kind either expressed, implied, or statutory with respect to the platform and/or the services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose. All data and/or information contained in the platform and/or the services are provided for informational purposes only.

5.2 Without limiting the foregoing, TMC Care does not warrant that the platform and/or the services 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.

5.3 TMC Care and all of its respective officers, employees, directors, agents, contractors, and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the platform or the services;
(b) reliance on any data or information made available through the platform and/or through the services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server, or connection failure, error, omission, interruption, delay in transmission, computer virus, or other malicious, destructive, or corrupting code, agent program, or macros; and
(d) any use of or access to any other website or webpage linked to the platform, even if we or our officers, agents, or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

5.4 Any risk of misunderstanding, error, damage, expense, or losses resulting from the use of the platform and/or services is entirely at your own risk and we shall not be liable.

6. HYPERLINKS

6.1 For your convenience, we may include hyperlinks to other websites or content on the platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content, and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7. APPLICABLE LAW AND JURISDICTION

7.1 These Terms of Use  shall be interpreted and governed by the laws in force in Malaysia. Any controversy, claim, or dispute arising out of or relating to these Terms of Use or the breach, termination, or invalidity thereof shall be referred to and settled by the jurisdiction of the Courts of Malaysia.

8. TERMINATION

8.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use. Upon any termination of these Terms of Use, you shall immediately cease all access to and use of the platform and/or services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this platform and/or services in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that TMC Careshall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the platform and/or services or with any terms, conditions, rules, policies, guidelines, or practices of TMC Care in operating the platform and/or providing services, your sole and exclusive remedy is to discontinue use of the platform and/or its services.

9.  FEEDBACK AND INFORMATION

9.1  Any feedback you provide at this site shall be deemed to be non-confidential. TMC Care shall be free to use such information on an unrestricted basis.