TERMS OF USE

INTRODUCTION
1. BloodGo.com Platform is a Not-for-Profit, pro-bono and CSR project initiated by MYDOC ASIA SDN. BHD (Company No. 1180687-H) ("BloodGo", "we" or "us")). Any reference to "you", "your", "user" in these Terms means you or any person who accesses and/or uses the Platforms and/or Services on your behalf.
2. BloodGo is an Internet and technology platform that serve as a real-time blood request and donate network, to connect people in need for specialty blood and blood donation event organizers with blood donors, by matching and notifying blood donors based on their ABO blood group and preferred notification location ("Services").
3. The terms of use ("Terms") herein govern your use of BloodGo’s websites, mobile web applications or any Internet services (including any associated software supplied by BloodGo) (collectively, the "Platforms") and BloodGo’s products and Services, whether as a guest or a registered user.
4. Please read and understand these Terms as they apply to your access and/or use of the Platforms and/or Services, and any information, documents, text, graphics, photos and/or other materials uploaded, downloaded or appearing on the Platforms and/or Services.
5. By accessing, browsing, downloading and/or using the Platforms and/or Services, you agree to be bound by these Terms and the documents referred to in them, as amended from time to time. If you do not agree with or accept any of these Terms, you should stop accessing and/or using the Platforms and/or Services immediately.
6. We may amend or update these Terms at any time by posting the revised Terms on the Platforms and/or making an announcement on the Platforms. If we determine, in our sole discretion, that an amendment to these Terms materially affects your rights, we will notify you (for example, by sending a message to your email address). Your continued access and/or use of the Platforms and/or Services after such change has been posted shall constitute your acceptance of such revised Terms.
7. If you have any questions, complaints or face any difficulties in accessing and/or using the Platforms and/or Services, please contact us at [email protected].
ABOUT THE PLATFORMS AND SERVICES
1. No blood-donor and blood-requestor (individual & blood donation event organizer) relationship: The use of these Platforms, corresponding with or contacting a blood-requestor via the Platforms does not create a blood-donor and blood-requestor relationship. BloodGo will not be a party to any contracts between blood-donors and blood-requestors.
2. Neutral and independent platform: BloodGo is a neutral and independent platform that takes no interest in the actual rendering of blood donation activities.
3. No endorsement or recommendation: BloodGo makes no endorsement or recommendation of any particular participating blood request individual and blood donation event organizer for any engagement. BloodGo does not endorse the content or legality of any responses, statements or promises made by the participating blood request individual and blood donation event organizer on or off the Platforms. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of the participating blood request individual and blood donation event organizer you intend to contact.
4. BloodGo is not a blood bank: BloodGo is not a blood bank and does not provide blood supply or blood donation services. The participating blood request individuals and blood donation event organizers on the Platforms are not employees, agents, representatives or consultants of BloodGo. As such, BloodGo cannot and does not warrant as to the accuracy, quality or completeness of any information provided by the participating blood request individual or blood donation event organizer.
5. Not a referral service and NO-Profit: BloodGo is not a blood donor, blood donation referral service. BloodGo does not get any profit while connecting both individual blood requestor and blood donation event organizer to matched blood donor.
6. No guarantee of availability of participating blood donor, blood request individual and blood donation event organizer: BloodGo does not guarantee the availability of, and has no control over any participating blood donor, blood request individual and blood donation event organizer at any particular time. BloodGo will not be liable for cancelled or otherwise unfulfilled appointments.
7. No guarantees or warranties: BloodGo is unable to track, or continually monitor/review the standing of each blood donor, blood request individual and blood donation event organizer that is listed on the Platforms and being in the donor network. As such, BloodGo is not able to make any guarantees or warranties (express or implied) as to the current health status, condition, competence, qualifications provided by any of the participating blood donors in the donor network, and blood request individual and blood donation event organizer listed on the Platforms.
REGISTRATION
1. Above 18: To register with us and/or use the Platforms and/or Services, you must be an individual over eighteen (18) years of age; or if you are using the Services on behalf of an entity, you represent that you are authorized to enter into and bind the entity to a binding contract.
2. Processing your personal data: We process information about you in accordance with our Privacy Policy. By accessing and/or using the Platforms and/or Services, you consent to such processing and warrant that all information submitted to us, whether via the Platforms or otherwise, is true, accurate, complete and is not misleading by omission or otherwise and that you will maintain and update this information as required in order to keep it current, accurate and complete. In the event of any change to the information provided, you must inform us immediately of the same in order for us to communicate with you effectively.
ACCESS AND SECURITY
1. Account creation: When you register to use the Platforms (for example, submitting donor profile, submitting individual blood request or submitting blood donation event), you will be asked to verify your identity via mobile phone ownership verification with an expirable and unique SMS verification code sent to your mobile number. Information about yourself, blood request beneficiary and/or blood donation events are required in order to make the said submission. You are responsible for all activities that occur under your account, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorised access and/or use of your account.
2. Misuse or Breach of security: If we have reason to believe that there is likely to be a breach of security or misuse of the Platforms and/or Services, we may suspend your account pending investigation. You release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your account.
SUBMITTING INFORMATION TO THE PLATFORMS
1. No guarantee of confidentiality: BloodGo makes every effort to maintain the confidentiality of information submitted by you and stored on the Platforms. However, because we cannot control the conduct of others, we cannot guarantee that this information will remain confidential or secure. Please exercise caution when deciding what information to share or disclose when accessing and/or using the Platforms and/or Services. Do not make any confessions or admissions. Do not provide any highly personal, sensitive or incriminating information. You should not let us have any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (unwanted submissions). While we value your feedback, you agree not to submit any unwanted submissions.
2. Use of unwanted submissions: We may use any unwanted submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Platforms to check for these matters). Therefore, we will not be legally responsible for keeping any unwanted submissions confidential nor will we be legally responsible to you or anybody else for any use of such unwanted submissions.
3. Right to contact and communicate: While BloodGo is not able to monitor any communications exchanged between users and participating blood request individual and blood donation event organizer, BloodGo reserves the right to contact both blood donors and participating blood request individual and blood donation event organizer for quality assurance purposes.
4. User's consent: By using the Services, all party (blood donors, blood request individual and blood donation event organizer) agree that any party may report any incident to BloodGo.
YOUR SUBMISSION
1. Submissions: You agree that you are responsible for all information and any communication made by you on the Platforms (individually "Submission" and collectively, "Submissions").
2. No misleading Submissions: You shall not use any fake or misleading information while using BloodGo and its Platforms, including but not limited to participating blood donors, blood request individual and blood donation event organizer.
3. Your liability: You may expose yourself to liability if, for example, your Submission contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
4. True and accurate Submissions: You agree to post on the Platforms only Submission which is true and accurate. BloodGo does not have the obligation and will not verify the accuracy of your Submission before it appears on the Platforms.
5. Monitor Submissions: BloodGo reserves its right to monitor and moderate all Submissions you make through the Platforms to ensure compliance with these Terms and to amend, edit or remove, at its sole discretion, any Submission that is in violation of these Terms or any content guidelines, or is otherwise unacceptable.
6. Your Submissions do not contain the confidential or proprietary information of third parties;
7. We are under no obligation of confidentiality, express or implied, with respect to the Submissions;
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
1. Ownership of IP rights: This Platforms and all intellectual property rights in the Platforms including but not limited to any content are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
2. Limited licence of IP rights: Nothing in these Terms grants you any legal rights in the Platforms other than as necessary to enable you to access the Platforms. You may retrieve and display the content of the Platforms on a computer screen, mobile phone screen, tablet screen (or equivalent), download or print copies of such content for your own use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute, publicly display or use for commercial purposes any of the materials or content on the Platforms without prior written permission from BloodGo and unreservedly indemnify BloodGo in the event that you do so.
3. Trademarks: Mydoc Asia Sdn. Bhd. is the creator, proprietor and common law owner of the trademark "BloodGo" and any other trademarks which are confusingly similar to the trademark "BloodGo". Other trademarks and trade names may also be used on the Platforms. These Terms do not grant you the right to use any branding or logos used in our Services without prior written permission from BloodGo. Please do not remove, obscure, or alter any legal notices displayed in or along with our Services.
4. Third party content: There may be content from third parties on the Platforms, such as participating blood donors profiles, blood request individual and blood donation event organizer information and profiles, and links to other websites. We may review third party content to determine whether it is illegal or violates these Terms, and we may remove or refuse to display content that we reasonably believe violates these Terms or the law. However, as we do not routinely screen third party content, we are not responsible for such third party content, and we do not guarantee the accuracy, adequacy or quality of any such third party content.
Infringement of Intellectual Property
1. : BloodGo respects others' intellectual property rights and requires our users to do the same. We respond to notices of alleged Intellectual property infringement and reserve the right to terminate or disable a user's or participating lawyer's account. If you believe that any material on the Platforms infringes any intellectual property which you own or control, you may file a takedown notice with BloodGo in relation to the alleged infringement.
BLOODGO'S RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT OR OPERATION OF THE PLATFORMS AND/OR SERVICES
1. Suspend or terminate your account: We may suspend or terminate your account immediately at our reasonable discretion and without liability to us if you:
  1. breach any of the provision under these Terms;
  2. breach any applicable law or regulation; or
  3. are suspected to have engaged in a fraudulent, abusive or illegal activity on the Platforms.
2. Notification: We will take reasonable efforts to notify you by the email address provided by you to us of such suspension or termination, or to notify you at your next attempt to access your account.
3. Not affecting statutory rights: The suspension or termination of your account and your right to use the Platforms shall not affect either party's statutory rights or liabilities nor shall it be deemed or construed as a waiver of our rights to take any action against you for any losses and damages suffered as a result of your breach of these Terms.
4. Right to suspend or terminate the Platforms: We reserve the right to suspend or terminate the operation of the Platforms or restrict access to the Platforms temporarily or permanently at any time without liability to us and with or without notice to you.
DISCLAIMERS AND EXCLUSION OF LIABILITY
1. The Platforms and the information and materials on the Platforms are provided by BloodGo to you on an "as is, where is" and "as available" basis.
2. Whilst we endeavour to ensure that information and materials on the Platforms are correct, no warranties, guarantees or representations, express or implied, are given that they are correct, complete, accurate, up-to-date, fit for a particular purpose or need, merchantable, of satisfactory quality, non-infringing and, to the extent permitted by law, we do not accept any liability for any errors or omissions arising from such information and materials.
3. As the Platforms are dependent on other third party service providers, we do not guarantee that the Platforms will be available at all times or uninterrupted. Whilst we endeavour to make the Platforms available 24 hours a day, we shall not be liable for any reason the Platforms are unavailable for any time or for any period. We make no warranties, guarantees or representations that your access to the Platforms will be uninterrupted, accessible, timely or error/bug-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
4. To the fullest extent permitted by law, BloodGo or any of its corporate affiliates, independent contractors, service providers and consultants, or any of their respective directors and employees shall in no event be liable for any losses or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits, data, use, goodwill or savings arising or in connection with:
  1. your access or use or the inability to access or use the Platforms (or any part thereof);
  2. your reliance on the information contained on the Platforms;
  3. your reliance on the Platforms and tools provided on the Platforms;
  4. the outcome of any legal matter;
  5. any conduct, content or review (including but not limited to defamatory, illegal or offensive conduct, content or review) of any third party relating to the Platforms and/or Services; or
  6. any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise,
  7. even if BloodGo has been advised of the possibility of such damages or losses.
5. We do not guarantee that the Platforms will be compatible with all hardware and software which you may use. We shall not be held liable for any damages to, or viruses or other codes that may affect, any computer or phone equipment, software, data or other property as a result of your access to or use of the Platforms.
6. This exclusion clause shall take effect to the fullest extent permitted by law and shall apply even after you cease to access and/or use the Platforms and/or Services.
INDEMNITY
1. You agree to defend, indemnify and hold BloodGo, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors and employees, harmless from and against any and all liabilities, damages, claims, actions, costs and expenses, which may be suffered or incurred by BloodGo as a result of or in connection with or arising out of:
  1. Submissions you submit, post, transmit or make available through the Platforms;
  2. your breach of any of these Terms or any applicable law or regulation;
  3. your use or misuse of the Platforms;
  4. your violation of the rights of any third party and/or in connection thereof.
2. If you have any dispute with one or more participating party (blood donors, individual blood requestor and/or blood donation event organizer), you shall resolve such dispute directly with the involved and related party(s) and shall release BloodGo from any and all liabilities, damages, claims, actions, costs and expenses arising out of or in any way connected with such dispute. You are encouraged to notify BloodGo of such dispute for records and quality control purposes.
3. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of BloodGo. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
HYPERLINKS & THIRD PARTY SITES
1. The Platforms may contain hyperlinks or references to third party websites other than the Platforms. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website. In addition, BloodGo is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products or services available on or through such linked websites.
THIRD PARTY ADVERTISING AND SPONSORSHIP
1. We may allow third party advertisers and sponsors to place advertisements and sponsorships on the Platforms or any part thereof. Such advertisements and sponsorships will be clearly identified as originating from third parties. By using the Platforms and/or Services, you agree to receive such advertising and marketing materials. We do not endorse, and will not be responsible for, the contents of such advertisements and sponsorships or for your access, use, reliance, sale, purchase or other action on your part with respect to the contents or subject matter of such advertisements and sponsorships.
RIGHT TO INVESTIGATE
1. We reserve the right in our sole discretion to investigate complaints, actual, potential or alleged violations of these Terms or other agreements applicable to us and any actual, potential or alleged violations of applicable law, but we undertake no obligation to do so. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons relating to your profile, e-mail address, usage history, posted materials, IP addresses and traffic information.
RULES
1. You agree and acknowledge that you shall abide by the following rules:
  1. you access and/or use the Platforms and/or Services at your own risk;
  2. any content on the Platforms is provided for your general information and scheduling purposes only and to inform you about us and our services, news, features, educational materials and other websites that may be of interest to you. Such content does not constitute legal advice and should not be relied on for any purposes;
  3. BloodGo does not assume any advisory, fiduciary or similar other duties or act as a legal adviser to you;
  4. you shall not submit false or misleading information;
  5. you shall not submit confidential information or personal information such as credit card numbers, passwords, etc; and
  6. you shall not use the Platforms for any reason other than connecting between blood donors, individual blood requestor and blood donation event organizer. Any buy or selling of blood supply on the Platforms is strictly prohibited.
2. BloodGo reserves the right to deny further access and/or use of its Platforms and/or Services to any user who violates these rules or is the subject of complaints by other users or participating lawyers.
ELECTRONIC COMMUNICATION
1. For contractual purposes, you consent:
  1. to receiving communications from us electronically via the email address or SMS you have submitted or via the Services; and
  2. that any agreements, policies, notices, disclosures and other communications that BloodGo provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
2. Notice will be deemed given 24 hours after email is sent to your designated email address or notice is posted on the Platforms.
DISPUTE RESOLUTION AND APPLICABLE LAW
1. These Terms shall be governed by and interpreted in accordance with the laws of Malaysia.
2. You may write to us at the following address for any communications or complaints to us at: [email protected]
3. If the dispute remains unresolved, the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Malaysia to settle any disputes which may arise out of or in connection with these Terms.
INTERNATIONAL USE
1. We make no promise that materials on the Platforms are appropriate or available for use in locations outside of Malaysia, and accessing the Platforms from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platforms from locations outside of Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
MISCELLANEOUS
1. You may not assign, transfer any of your rights under these Terms to any other person without our prior written consent. We may assign or transfer all or any our rights under these Terms at any time without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger.
2. No joint venture, partnership, employment, or agency relationship exists between you and BloodGo or you and any participating party as a result of these Terms or use of the Platforms and/or Services.
3. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
4. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
5. These Terms (including all policies, guidelines and notices) constitute the entire agreement between you and BloodGo and supersedes any prior agreements, arrangements, statements and understandings between BloodGo and you. These Terms create no third party beneficiary rights.
6. This Platform is owned and operated by MYDOC ASIA SDN. BHD. (Company No. 1180687-H) with its operating office address at C-13-02, Garden Shoppe One City, Jalan USJ 25/1C, 47650 Subang Jaya, Selangor, Malaysia.

Last Revised: 16 November 2018

TERMS OF USE

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