Dr. Digital

Language: EN | BM

Standard Terms & Conditions governing COURTS' Dr. Digital Health Plan Home Contract

You have indicated the contract (the "Contract") you require for the product purchased (the "Product") on the COURTS Invoice and agree to be bound by the terms and conditions relevant to the Contract chosen as set out herein. The stated terms and conditions govern The Vendor's sales of service plan. The term of the Contract is one year from purchase date as set out in the COURTS' Invoice.

1. Definitions

For the purpose of these Terms and Conditions, the following definitions apply:

1.1. "Health Plan" refers to the service assurance plan chosen by The Client (defined below).

1.2. "Incident" refers to each occasion when The Vendor (defined below) provides On-Site (defined below) support to The Client (defined below) at the request of The Client.

1.3. "On-Site" refers to any location that is within Malaysia unless otherwise agreed to in writing by The Vendor.

1.4. "Software" refers to one or more programs, procedures, rules that are capable of operating on a Product (defined below).

1.5. "The Client" or "Purchaser" refers to the party who has purchased the Product for personal use and with whom the Health Plan is entered, with the address stated in the COURTS Invoice.

1.6. "The Vendor" or "COURTS" refers to COURTS (MALAYSIA) SON BHD (154820-D) a company incorporated in Malaysia, having its registered office at 23 Jalan Larkin, 80200 Johor Bahru, Johor, Malaysia.

2. Support Coverage

2.1. The Vendor shall provide the manpower and expertise, such as support specialist or service technician, to respond and if applicable, call at The Client's premises to verify the fault and attend to specific breakdown of the Product within the specified response time stipulated in the Health Plan. Support personnel are responsible to diagnose and troubleshoot software, hardware and network problems which only relate to the Product (each, a "Problem") except for proprietary products which can be serviced only by the manufacturer of such proprietary products or its authorized service agents.

2.2. The Vendor only warrants corrective support to resolve identifiable and reproducible Problems, and to help identify Problems that are difficult to reproduce. The Client shall receive assistance in trouble-shooting Problems and setting configuration parameters. The cost of hardware replacement, if any, shall be borne by The Client. Should the cabling be faulty, The Client shall be responsible for the cost incurred in rectifying the faulty cable. The Vendor shall also not be liable for delays in performance or non-performance due to unforeseen circumstances or causes beyond its reasonable control.

2.3. Within Malaysia support services for products designated by The Vendor shall, where applicable, be performed at The Client's address (as noted in the COURTS' Invoice)

2.4. Support specialists shall provide free telephone consultation to The Client for up to 30 minutes maximum on the troubleshooting of Problems during Phone Support Hours (as defined in clause 3.1). In the event all Incidents (as described in clause 3.1) are utilized, the free telephone consultation shall be terminated.

2.5. In the event that the Product is not serviceable at The Client's address, The Vendor shall take back the Product for servicing at the service centre. .A loan unit, if available, will be provided at the sole discretion of The Vendor to the Client for the duration of the repair. The Client cannot claim such a loan unit as a matter of right.

2.6. For any Product that the Client has elected to self-collect from the service centre such Product shall be kept for 3 months from the date on which The Client has been notified that the Product is ready for collection. Thereafter, the Product may be disposed according to The Vendor's policies. The Vendor shall not be liable or responsible to The Client for any losses or damage suffered by The Client as a result of such disposal of the Product.

2.7. The Product shall be in normal operating condition and updated with all the necessary software releases and updates issued to be eligible for support under this Contract. Work performed by The Vendor to meet these requirements is subjected to The Vendor's standard service rates.

2.8. The Client shall perform its backup of data prior to the repair, service or replacement of the hard disk drive. The Vendor shall not be responsible or liable in any manner whatsoever for any data loss, corruption, deletion and/or alteration of the data during the course of the service. The Client shall accept full responsibility for data and The Vendor shall not be required to advise or remind The Client of appropriate backup procedures.

2.9. Software reloading shall only be performed in the case of any problem with the system that is certified by The Vendor as necessitating such action. Any additional software installations shall be deemed as upgrading and hence shall be chargeable as per the standard service rates of The Vendor.

2.10. Support coverage shall be limited to Malaysia only.

2.11. Support coverage shall cease if The Client is in arrears of the Health Plan that was purchased from The Vendor on credit.

Service Call Log-in Procedure

3. Service Coverage

3.1. Standard Service Coverage

3.1.1. For service call log-in, Dr. DigitalService Hotline is 03-77269801 / 1300-88-9801

3.1.2. The Vendor shall provide service as described hereunder:-

Phone SupportOn-site Support Hourslnstore clinic Support HoursResponse Time
HealthPlan Home Plus
(3 Incidents plan)
Monday to Sunday
10.00am to 10.00pm
N.A. Monday to Sunday
10.00am to 10.00pm
N.A.
HealthPlan Home Elite
(3 Incidents plan)
Monday to Sunday
10.00am to 10.00pm
Monday to Sunday
10.00am to 10.00pm
Monday to Sunday
10.00am to 10.00pm
Within 8 hours
HealthPlan Home Premium
(3 Incidents plan)
Monday to Sunday
10.00am to 10.00pm
24x7 Monday to Sunday
10.00am to 10.00pm
Within 6 hours

3.1.3. Support for Incidents for Products that are modems, routers and wireless routers is chargeable at 2 Incidents for every Incident attended to.

3.1.4. A minimum of 1 Incident shall be charged for every On-Site service rendered per Product.

3.2. Allocation of On-Site Incidents under any Health Plan is valid for a maximum of one (1) year from the date of commencement stated in the COURTS Invoice. Phone support shall be terminated upon full utilization of On-Site Incidents. Any unused On-Site lncident(s) will be carried forward to a new Health Plan upon The Client's renewal Provided that such unused On-Site lncident(s) can only be carried forward for one renewed term.

4. Force Majeure

4.1. Neither party shall be liable for any failure to perform its obligations under the Contract if the failure results from events beyond the reasonable control of either party. For the purpose of the Contract, such events shall include, but not limited to, strikes, lock-outs, or other labour disputes, riots, civil disturbances, actions or inaction of government authorities, epidemics, wars, embargoes, acts of God or other catastrophes. In case of such events, the time for performance required by either party under the Contract shall be extended for any period during which the performance is prevented by the event. However, the other party may terminate the Contract by notice in writing if such event preventing performance continues for more than fourteen (14) days.

5. Intellectual Property

5.1. Unless otherwise agreed in writing by both The Client and The Vendor, copyright materials (software and printed documentation) may not be copied except in accordance with the law.

5.2. The Client shall indemnify and hold harmless The Vendor, its employees, affiliates and its representatives from and against any liabilities, claims, demands, suits, judgments, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of the presence or use of any intellectual property right infringing material in connection with the Product by The Client.

6. Confidentiality

6.1. Both parties agree to treat as confidential all information received from the other party has indicated in writing to be confidential except where such information (a) already exists in the public domain,(b) is independently developed by both parties outside the scope of the order, or (c) is rightfully obtained from third parties.

6.2. Both parties agree to disclose confidential information only to those of its employees and any third party who need to know it for the performance of the services under the Contract. Both parties shall ensure that such employees and the relevant third party are informed and agree to keep such information confidential.

6.3. This clause shall survive the termination of the Contract.

7. Non-Solicitation

7.1. The Client shall not directly or indirectly solicit for employment, employ or otherwise retain any of The Vendor's support specialists during the valid term of the Contract, notwithstanding that such support specialists may have resigned from his employment during the valid term of the Contract, unless agreed upon in writing by The Vendor.

8. Transportation

8.1. The Client will have to pay a flat rate of Malaysia Ringgit Forty Nine (RM49-00) only per trip as transport charge for instances where The Client's hardware products and/or replacement parts thereof need to be carried to and/or returned from the authorized service centre of The Vendor. The Vendor reserves the sole and absolute right to revise the rate quoted herein at any time without notice or reference to The Client. However, should The Client arrange for self-carry this transport charge will not apply.

9. Liability

9.1. Under no circumstances shall The Vendor be liable for any loss or injury to a person or loss or damage to property or any incidental, contingency, or any direct, indirect loss or consequential damages including but not limited to losses incurred due to any delay in rendering service under this Contract and loss of use during the period that the Product is under repair and/or while awaiting any hardware products or replacement parts.

9.2. None of the above Health Plans (that are governed by the terms and conditions of this Contract) should be construed as an insurance policy or a guarantee and is only a service contract. Each Health Plan (that is governed by the terms and conditions of this Contract) is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product covered by the Contract.

10. Non-Transferable

10.1. Health Plan is intended for The Client's use only and is non-transferable. The Client shall promptly inform The Vendor of any change of address (mentioned in the COURTS Tax Invoice) in the event The Client has shifted to a new address.

11. No Third-Party Rights

11.1. No person other than a party in this Contract may enforce this Contract.

12. Dispute Resolution

12.1. This Contract and the Consent Form for Data Privacy shall be governed by, and construed in accordance with, the laws of Malaysia.

12.2. The parties irrevocably agree that the COURTS of Malaysia are to have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Contract or the Consent Form for Data Privacy.