Terms

Use of The Site and Digital Decision Aid Tool

This website, owned and operated by Cancer Research Malaysia, is offered as a free resource and tool, specifically for patients who are diagnosed with breast cancer, and for their carers and families. This tool has been specifically designed for patients to assist in making decisions about treatment and care for their breast cancer diagnosis. Anyone is free to view the site as no login details are collected.

If you view or use this website, you agree that you have read, understood and agree to be bound by all of these terms and conditions (“Terms and Conditions”). If you do not agree to be bound by any or all of these terms, you are expressly prohibited from using or accessing this website.

We reserve the right to make additions, deletions or changes to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date on the Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions to remain informed of updates or changes.

The information on this website is not intended for distribution or use by any person or entity in any jurisdiction or country outside of Malaysia where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Anyone, from outside Malaysia, who chooses to view or access information on this website, does so on their own initiative and is solely responsible for remaining compliant with local laws.

Cancer Research Malaysia’s digital decision aid tool collects data entered into by the website visitor. Collected data is captured and stored on a server database and the data may be retrieved, generated and saved in other formats.

Cancer Research Malaysia’s digital decision aid tool assists by providing information and help for breast cancer patients in making decisions about their care and treatment. The decision aid tool’s function does not extend to the provision of genetic testing.

Intellectual Property Rights

The digital decision aid tool is the proprietary property of Cancer Research Malaysia. All source code, database, functionality, software, website design, audio, video, text, photographs or images on this website is also the property of Cancer Research Malaysia except where otherwise indicated. This includes trademarks, service marks and logos owned and controlled by Cancer Research Malaysia or licensed to us and are protected by copyright and trademark laws and other intellectual property rights laws of Malaysia.

You acknowledge and agree that nothing in the Terms and Conditions permit or allow for any part of this website to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, transmitted, translated, distributed, sold, licensed or otherwise exploited for any commercial purposes, without our express and prior written permission. All rights reserved.

User Conduct and Prohibited Activities

Subject to you complying with these Terms and Conditions, you are granted a revocable, non-exclusive, non-transferable, limited license to access and use the Services provided through this website. We reserve the right to revoke this license and/or to deny or suspend your use of the Services for any reasons.

You agree:
- Not to access the website through automated or non-human means, whether through a bot, script or otherwise
- Not to use the website for any illegal or unauthorised purposes
- Not to violate any applicable laws or regulations and expose us to any liabilities or claims whatsoever
- Not to provide any information that is untrue, inaccurate, not current, or incomplete
- Not to allow any other person to use your identity or account
- Not to trick, defraud or mislead us or other users, especially in any attempt to learn sensitive information such as usernames and passwords
- Not to make improper use of of these services or submit false reports of abuse or misconduct
- Not to engage in any automated use of the system, such as using scripts to send comments or messages, or use data mining or other data gathering or extraction tools or techniques
- Not to attempt to impersonate another person or use the username of another user or misrepresent yourself
- Not to register for more than one account or register for an account on behalf of someone else
- Not to sell, license, or otherwise, transfer or assign your account, profile, username or any account rights
- Not to use any information obtained from this website to harass, abuse or harm another person
- Not to upload or transmit viruses, trojan horses or other material that interferes with any party’s uninterrupted use of this website
- Not to use any spider, robot, cheat utility, scraper or offline reader on this website except where it is the result of a standard search engine or internet browser use
- Not to use this website in a manner inconsistent with any applicable laws, rules or regulations
Use of the site except as agreed and any prohibited use or actions may result in our suspension or termination of your account and refusal of any and all current or future use of this website.

You are solely responsible for any messages, text, notes, reports, content, information, materials, images, graphics, videos or links transmitted using your account.

By any electronic transmission of your User Contribution through this website, you automatically grant, and you represent and warrant that you have the right to grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Contribution for any purpose, whether at present or in the future. However, Personal Information derived from such User Contributions shall be subject to such protections, restrictions, limitations, exclusions and prohibitions pertaining to Personal Information as provided under our Privacy Policy, the PDPA and all applicable personal data regulations.

We do not assert any ownership over your User Contributions. You retain full ownership of all of your User Contributions and any intellectual property rights or other proprietary rights associated with your User Contributions. We are not liable for any statements or representations in your User Contributions. You are solely responsible for your User Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Contributions.

We have the right, in our sole and absolute discretion,
(1) To edit, redact, or otherwise change any data included in your User Contributions which we shall utilise for the purposes of research and publication; and
(2) To re-categorise any User Contributions to place them in more appropriate locations on our servers.

Feedback licence

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other recommendations and regarding any possible corrections, changes, improvements or extensions related to the Services (“Feedback“) provided by you to us in any form or by any means (whether through the Services, or by direct communication (e.g., e-mail) with Cancer Research Malaysia or any of its officers, directors, employees, representatives, agents or business partners) are non-confidential and shall become our sole property. You acknowledge and agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby represent and warrant that any such Feedback is original with you and does not include your own or any third party’s confidential or proprietary information or Personal Information; or that you have the right to submit such Feedback by having obtained the necessary written consent, authorization, release, waiver and/or permission of each and every identifiable individual person. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

Website and Digital Decision Aid Tool Management

We reserve the right, but not the obligation, to:
(1) Monitor our website for violations of this Agreement
(2) Take appropriate legal action against anyone who violates all applicable laws, rules or regulations or this Agreement
(3) Refuse, restrict access to, limit the availability of, remove, delete or disable (to the extent technologically feasible) any of your User Contributions or any portion thereof
(4) Remove from the website or otherwise disable all files and Contents that are excessive in size or are in any way burdensome to our systems
(5) Manage our website in a manner designed to protect our rights and property and to facilitate the proper functioning of our website

Term and Termination

This Agreement shall remain in full force and effect while you use the website. We reserve the right to deny access to and use of the website to any user for any reason, including without limitation, for breach of any representation, warranty or covenant or of any law.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

Modifications and interruptions

We reserve the right to change, modify, or remove the Contents of the website at any time or for any reason at our sole discretion without notice (e.g. for the purpose of research and publications, maintenance, improvement of the website and backup process). We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

We cannot guarantee that this website will be available at all times. There may be interruptions, delays or errors and maintenance may also need to be performed. We reserve the right to change, update, revise, suspend, discontinue or modify this website at any time and without notice to you. You agree that we have no liability whatsoever for any loss, damage, inconvenience caused by your inability to access the website.

Governing law

This Agreement shall be governed by, construed and enforced in accordance with the laws of Malaysia, and the Parties shall submit to the exclusive jurisdiction of the courts of Malaysia.

Dispute Resolution

Any legal action of whatever nature brought by either you or us (the parties) shall be commenced or prosecuted in the state and federal courts located in Kuala Lumpur, Malaysia. The parties agree that any dispute or claim arising shall first be negotiated informally before arbitration is initiated. If unable to resolve through informal negotiations, the dispute shall be resolved by private and confidential arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration.

The parties agree that the following disputes are the exceptions to informal negotiations and arbitration:
- Disputes seeking to enforce or protect any intellectual property rights
- Disputes related to allegations of theft, piracy, invasion of privacy or unauthorised use
- Claim for injunctive relief

Corrections

There may be information on the website that contains typographical errors, inaccuracies, or omissions and we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without notice.

Disclaimer

Except where expressly provided otherwise, the website and contents therein are provided on an “as-is” basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, express or implied, in connection with your use, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non infringement, condition and quiet enjoyment. We make no representations, warranties or guarantees about the accuracy, timeliness, reliability or completeness of the content. We assume no liability or responsibility for errors, mistakes or omissions, defects or inaccuracies; unauthorised access or use, interruption or delay or cessation of transmission; any viruses, trojan horses or the like which may be transmitted through the website; any loss or damage of any kind as a result of of the use of content on this website.

Medical Disclaimer

The information is provided for the use of healthcare providers and patients as an informational and educational tool to help in decision-making. This website is not intended to offer or provide any kind of medical advice, medical treatment, health insurance or other healthcare service including medical counselling or medical testing and the materials provided on this website should not be construed or used as a platform for the provision of healthcare services. This website is not a substitute for professional healthcare services which are not offered. We do not recommend or endorse any specific healthcare specialist, healthcare provider or healthcare services.

Limitation of Liability

In no event will we or our directors, employees, officers agents, partners, subsidiaries, affiliates or licensors be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages regardless of the form of any claim or action whether in contract, tort (including without limitation negligence and strict liability) warranty, statute or otherwise, including any lost profits or savings or goodwill, lost business, loss of revenue, loss or inaccuracy or corruption of data, loss or interruption of use or cost of procuring substitute technologies or services, loss of opportunity or other damages or intangible losses arising from or related to your access to or use of the website.

You agree that we or our directors, employees, officers, agents, partners, subsidiaries, affiliates or licensors shall not be responsible or liable for any unauthorised access to, alteration or use of your account, transmission of data, or for any material or data sent or received or not sent or received through this website.

You agree that we or our directors, employees, officers agents, partners, subsidiaries, affiliates or licensors shall not be responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct or for any violation of another person’s rights, including but not limited to intellectual property rights, the rights of publicity or privacy rights. You agree and accept that we or our directors, employees, officers agents, partners, subsidiaries, affiliates or licensors shall not be legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or omissions in our documents or information, any goods or services we may offer or from any other use of the website. Any information or materials on this website is entirely at your own risk, for which we shall not be liable.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees and expenses due to or arising out of or in relation to your use of this Website.

Electronic Communications, Transactions and Signatures

Visiting this Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on this Website satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders and other records.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us. Failure to exercise or enforce any right does not operate as a waiver of such right.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Website.

Contact Us

In order to resolve a complaint regarding this Website or to receive further information regarding use of the Website, please contact us at:

Cancer Research Malaysia
Subang Jaya Medical Centre South Tower, Level 1
No. 1, Jalan SS 12/1A 47500 Subang Jaya, Selangor,
Malaysia.
+603 5639 1970
info@cancerresearch.my
Last updated: 12 March 2024