MyGumHealth

Terms & Conditions

B. Website/App/Related Platforms Terms of Use

1. This website’s (http://www.mygumhealth.ai), the related App, booking platform and/or all pages contained within [collectively referred to hereafter as “Biota Platforms”]’ Terms And Conditions (“Terms” or these “Standard Terms And Conditions”) contained herein on Biota Platforms shall govern your use of Biota Platforms. These Terms apply in full force and effect to your use of Biota Platforms and by using Biota Platforms, you expressly accept all terms and conditions contained herein in full.

No warranties

2. Although we, BIOTA EXCEL SDN. BHD. (Company No.: 202501021721 [1623134-W]), our Directors, Agents and Employees representing us (hereby collectively referred to as “Biota Excel”), use all reasonable efforts to include honest, accurate and up-to-date information on Biota Platforms, any information or services are for general informational purposes only and provided “as is”, without warranty or representation of any kind, and we, Biota Excel, make no express or implied representations or warranties of its accuracy and truth, of any kind related to Biota Platforms or the materials contained on Biota Platforms. Any information provided on Biota Platforms are for guidance only and the usage and continued usage of Biota Platforms constitutes your agreement not to hold us liable for any direct, indirect, incidental, consequential or cumulative negative effects, losses or damages (economic or non-economic) arising out of the use of any of our services and/or the information obtained from Biota Platforms direct and/or indirectly and arising from the use or inability to use Biota Platforms, including any errors, misrepresentations or omissions contained on Biota Platforms. Although, we may or may not collect some personal information relating to your health in the course of providing Our services, you unequivocally accept that nothing [including but not limited to, health results, recommendations and third-party (or not) laboratory results] contained on Biota Platforms shall be construed by you as providing consult, advice or a diagnosis (medical or otherwise) to you as an individual as we have not taken into consideration any specific situations, health backgrounds, health objectives or current health level of any specific person or any specific group of persons. We recommend that any person that require advice in relation to how any information contained herein relates to their themselves to consult their respective legal adviser or medical professional and/or practitioner and/or contact us for a private consultation which may or may not also require consultation with a medical professional and/or practitioner.

Disclaimer of Liability and Indemnification Clause

3. In no event shall Biota Excel, nor any of its officers, directors, partners and employees, be liable to you for anything arising out of or in any way connected with your use of Biota Platforms, whether such liability is under contract, tort or otherwise. Biota Excel and its officers, directors, partners and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Biota Platforms.

Indemnification

4. You hereby agree to indemnify and hold harmless Biota Excel and any of its officers, directors, partners and employees from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including but not limited to legal fees) in connection with or arising from (1) your use or misuse of this website and the information and services provided herein, or (2) your breach of these terms and conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against Gum App and/or Biota Excel in connection with your use of this website.

Third Party Links

5. Links from or to websites or apps outside this website are meant for your convenience only. Such linked websites are owned and operated by third parties and as such are not under our control. Therefore we, Biota Excel shall not be responsible and make no warranties in respect of the contents nor safety of those websites, the third parties named therein or their products and services. Furthermore, the links provided in this website shall not be considered an endorsement or verification or approval of such linked websites or the contents therein. Linking to any other site is at your sole risk and we shall not be responsible or liable for any damages in connection with linking. It is advisable for you to read the terms of use and privacy policy statements (if any) of any websites which are linked to this website.

Copyright and Intellectual Property

6. Under these Terms, Biota Excel and/or its licensors own all rights to all the intellectual property and all material contained in Biota Platforms, and all such rights are reserved.

Restrictions

7. You are expressly and emphatically restricted from all of the following:

  • (a) using Biota Platforms in any way that is, or may be, damaging to Biota Platforms in any way, shape or form, whether express or implied;
  • (b) using Biota Platforms in any way that negatively impacts user access to Biota Platforms;
  • (c) using Biota Platforms contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; and
  • (d) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Biota Excel Platforms, or while using Biota Platforms.

Severability

8. If any provision of these Terms is/are found to be unenforceable and/or invalid under any applicable law, such unenforceability and/or invalidity of any such term shall not render any of the other Terms or these Terms unenforceable and/or invalid as a part or as a whole, and such provisions shall be ignored without affecting the remaining provisions herein.

Change in Terms

9. We, Biota Excel may revise these Terms from time to time as and when it is appropriate without general nor specific notice to you, and you are advised to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Biota Platforms.

Entire Agreement

10. These Terms, including any legal notices and disclaimers contained on Biota Platforms, constitute the entire agreement between Biota Excel and you in relation to your use of Biota Platforms, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

11. These Terms will be governed by and construed in accordance with the laws of the country of Malaysia, and you submit to the jurisdiction of the state and federal courts located in Malaysia for the resolution of any disputes.

No Waiver

12. Our omission to exercise any rights under these Terms do not constitute a waiver of any such right unless formally and expressly disclosed by us in writing.

Privacy Policy

13. We, Biota Excel respect the privacy and confidentiality of your personal information as it is personal property and as such we have published a separate Privacy Policy on Biota Platforms for your referral.