Pistil Sdn. Bhd. ("Pistil", "we", "us" or "our"), a company incorporated in Malaysia, provides a digital health platform via its website and mobile applications (collectively, the "Platform") offering reproductive and general healthcare services, including but not limited to teleconsultation services, pharmacy fulfillment, health screenings, period tracking, AI powered health insights, and health education (the "Services").

This Terms of Use agreement ("Agreement") constitutes a legally binding agreement between the User ("you", "your") and Pistil, and governs your access to and use of the Platform and Services.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you may not access or use the Platform.

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1. ELIGIBILITY 

You must be at least eighteen (18) years of age and have the legal capacity to enter into this Agreement under Malaysian law. By using the Platform, you represent and warrant that you meet these eligibility requirements.

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2. SERVICES PROVIDED 

Pistil provides a technology-enabled platform connecting Users with licensed healthcare professionals, pharmacies, laboratories, and other service providers ("Providers"). The Platform is not intended to replace face-to-face consultations or emergency care.

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3. USER OBLIGATIONS AND CONDUCT 

You agree to: 

1. Provide truthful, accurate, and complete information during registration and service use. 
2. Use the Platform only for lawful purposes and in accordance with this Agreement. 
3. Not impersonate another person or misrepresent your affiliation. 
4. Not misuse, disrupt, or exploit the Platform.
5. Not use the Platform to harass, threaten, or harm others.

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4. CONSENT TO TREATMENT 

By using the Platform to obtain medical consultations or advice, you hereby provide informed consent to receive medical treatment from a registered medical practitioner via telehealth or other means enabled through the Platform. You acknowledge that: 

1. The attending healthcare professional will determine if telemedicine is appropriate. 
2. You may discontinue the consultation at any time. 
3. You may request a referral or follow-up as deemed appropriate.
4. Pistil is not liable for any treatment decisions made by the Providers.
5. Disclaimer that the products listed on the Company’s Website are sold by third party distributors;
6. Disclaimer that the Company does not endorse, guarantee, or make any representation as to the quality, safety, suitability, or legality of products sold by third-party distributors;
7. Disclaimer that the Company is not responsible for inaccurate, outdated, or misleading information provided by third party distributors about their products;
8. Disclaimer that the Company does not guarantee product availability, delivery timelines, or stock levels, as these are managed by the distributor;
9. Limitation or exclusion of the Company’s liability for indirect, incidental, or consequential damages arising from third-party products or services;
10. Provision to caution the customers to obtain medical professional consultation before purchasing any products from the Company’s Website (www.pistil.io). 

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5. TELEHEALTH ACKNOWLEDGEMENT 

You acknowledge and agree that: a. Telehealth services may be limited in scope and not suitable for all conditions; b. Delays or technical malfunctions may occur during remote consultations; c. Pistil is not responsible for the clinical advice provided by the healthcare professionals; d. All telehealth sessions will comply with the Telemedicine Act 1997 and any related regulations.

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6. DIGITAL PHARMACY TERMS 

1. All prescriptions are issued solely by Malaysian licensed healthcare professionals registered with the Malaysian Medical Council. 
2. Dispensing is carried out only by licensed pharmacy partners in compliance with the Poisons Act 1952 and relevant pharmacy laws. 
3. You shall not share your prescription or medication with others. 
4. Orders are subject to prescription validation and availability. 
5. Pistil shall not be liable for adverse outcomes due to misuse of medication or failure to follow professional instructions.

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7. PAYMENT, REFUNDS, AND PROMOTIONS 

1. You agree to pay all applicable fees prior to the provision of Services. 
2. Fees are displayed in Malaysian Ringgit (MYR). 
3. Refunds may be granted solely at Pistil’s discretion for valid service failures. 
4. Promotional codes are non-transferable, have no cash value, and are subject to expiry.

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8. INTELLECTUAL PROPERTY 

All content, including but not limited to the software, design, logos, trademarks, text, graphics, and audio/visual elements of the Platform are the property of Pistil or its licensors and are protected by Malaysian copyright and trademark laws. You may not reproduce, copy, distribute, or modify any part of the Platform without express written permission.

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9. DATA PRIVACY AND PROTECTION 

Your use of the Platform is subject to our Privacy Policy. Pistil collects, processes, and stores your personal and health information in accordance with the Personal Data Protection Act 2010 (PDPA). By using the Platform, you consent to such processing.

The Personal Data Protection Notice (“the Notice”) is issued pursuant to the enactment of the Personal Data Protection Act 2010 (“the Act”) to regulate the collection and processing of your Personal Data (as herein defined) by Pistil Sdn. Bhd., its subsidiaries, associates, jointly controlled entities, affiliates (“Pistil”). 

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. Please read the following statement to learn about Our information gathering and dissemination practices. Our privacy policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this policy periodically.

By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If You do not agree please do not use or access our Website. By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Service.

Scope of Policy 

This policy applies to Pistil.io (hereinafter known as the Website). It regulates the processing of information relating to You and grants You various rights in respect of Your personal data. 

Interpretation and Definitions

A. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of this Privacy Policy:

1. Account means a unique account created for You to access our Service or parts of our Service.
2. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. 

B. Definitions

1. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Pistil.
2. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
3. Country refers to: Malaysia 
4. Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
5. Personal Data is any information that relates to an identified or identifiable individual.
6. Service refers to the Website.
7. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
8. Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
9. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
10. Website refers to Pistil, accessible from www.pistil.io
11. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

A. Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

1. Name
2. Gender
3. Mailing Address
4. Photo
5. Telephone Number
6. Email ID
7. Marital status
8. Information of spouse / children
9. Occupation
10. Profession
11. Designation
12. Income range
13. Credit card details
14. Bank account number
15. Information of employer
16. Race
17. Nationality and any other information that can be used to identify You.
18. Body vitals including but not limited to:
19. Height
20. Weight
21. Age
22. Food habits
23. BMI index
24. Fat percentage
25. Allergies
26. Symptoms
27. Physical and mental or other health conditions or medical records, history and other relevant health traits.

B. Use of Information

We use the information We gather on the Site for the following purposes:

Individual User information

1. To provide Our services. This includes providing communications, promotions and information on events which may be of interest to You that is organized, managed, facilitated, provided sponsored and/or participated by Pistil.
2. To communicate with you.
3. To provide you with information about the activities, products, services, events and programs offered by third parties that may interest you.
4. To facilitate payment in connection with the business or contractual dealings between Pistil and you and/or your company.
5. To respond to any queries You may have and to communicate information to you. These include sending You e-mail or other communications regarding updates at the Website to contact You about Your opinion of current products and/or services or potential new products and/or services that may be offered.
6. To conduct research, analysis, study, assessment, survey and or prepare reports or statistics to operate and improve Pistil’s business activities and/or the Website in order to foster a positive user experience.
7. To comply with the applicable laws.
8. To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Terms of Service, or as otherwise required by law.
9. At the time of registration, You have to fill in Your Personal Information in order to obtain an account, which can be used subsequently to log into the Website.
10. For any other purpose(s) as Pistil shall deem fit and proper.

Information About All Visitors Collectively

We gather information about all of Our Users collectively, such as what areas users visit most frequently and what services users access the most. Such data is used anonymously and in the aggregate. This information helps Us determine what is most beneficial for Our Users, and how We can continually create a better overall experience for them.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. We also use analytics to track You in remarketing.

Disclosure of the Information

We disclose the information to the third parties in the method specified below, including, but not limited to:

1. Disclosing the content posted by You on the Website, in order that our medical / healthcare / pharmacy practitioners, professionals and service providers who provide various services whom we have contractual arrangements with may facilitate our business operations.
2. Sharing Your information with third parties who help Us in the delivery of our own services to you. Information is disclosed to companies and individuals who are authorized by Us to perform functions on Our behalf.
3. Disclosing such information to third parties if You consent to such disclosure. If You indicate that You would like to receive information about the opportunities, products or services of third parties, We supply Your contact information to select third parties such as organizers of or any entity associated with the events, or others for the purpose of sending You e-mail or otherwise communicating with You.
4. We may share this information with Our partners and affiliates, but only in the aggregate, so that they too may understand how visitors use Our Website, and also create a better overall experience for You. We also share aggregated anonymous information about visitors to the Website with Our clients, partners, other website visitors, and other third parties so that they can understand the kinds of visitors and how they use the website in order to serve advertisements and other kinds of marketing information to You on Our Website.
5. We may disclose and transfer such information to a third party who acquires Our business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Our assets. You will be notified of the sale of all or a substantial portion of Our business to a third party by email or through a prominent notice posted on the Website.
6. We disclose information if legally required to, pursuant to an order from a governmental entity, local authorities, statutory authorities, enforcement agencies under the law and industry regulatory or other authorities or in good faith. We will disclose the information to:
7. conform to legal requirements or comply with legal process;
8. protect our rights or property or our affiliated companies;
9. prevent a crime or protect national security; or
10. protect the personal safety of users or the public.
11. In case of medical emergency, if any person intends to threaten to commit suicide or is in a state of medical emergency, the company holds the right to disclose the identity of the patient to the relevant sources.
12. Pistil’s employees, auditors, consultants, accountants, lawyers, real estate agents, vendors, co-marketing partner, insurance company, property development and management manager and professional advisers.
13. If you are subscribing to Pistil’s services via your employer directly or indirectly through Insurer or Third Party Administrator (TPA) provider, we are obligated to share your medical information with your Insurer, TPA and/or employer for the purpose of billing and claims. THIS DOES NOT APPLY TO INDIVIDUAL SELF-PAYING PATIENT using PISTIL.IO

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

 

RETENTION OF YOUR PERSONAL DATA

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. 

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. 

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

DISCLOSURE OF YOUR PERSONAL DATA

A. Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

B. Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

C. Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

D. Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

E. Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

F. Links To Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

G. Choice/Opt-Out

We provide all Users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of Our partners, and from us in general, after setting up an account.

H. Changes To This Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

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10. DISCLAIMER OF WARRANTIES 

Pistil provides the Platform on an "as is" and "as available" basis. Pistil makes no warranties, express or implied, as to the reliability, accuracy, or completeness of the Services or content. Pistil disclaims all warranties including fitness for a particular purpose and non-infringement.

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11. LIMITATION OF LIABILITY 

To the fullest extent permitted by law, Pistil, its directors, employees, affiliates, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business opportunities, arising out of or related to your use of the Platform.

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12. TERMINATION 

Pistil reserves the right to suspend or terminate your access to the Platform at any time without notice if you violate these Terms or engage in fraudulent, abusive, or harmful behavior.

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13. THIRD-PARTY LINKS AND SERVICES 

The Platform may contain links to or integrate with third-party websites or services. Pistil is not responsible for the content, policies, or services of any third party.

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14. MODIFICATIONS TO TERMS 

Pistil reserves the right to modify or update this Agreement at any time. We will notify you of significant changes by email or via the Platform. Continued use of the Platform constitutes acceptance of the revised Agreement.

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15. GOVERNING LAW AND JURISDICTION 

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur.

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16. CONTACT INFORMATION 

For legal questions or concerns regarding these Terms, you may contact us at:

Pistil Sdn. Bhd.

Email: [email protected]

Address: 1237, Level 12, Menara Dungun, 46, Jalan Dungun, Bukit Damansara, 50490 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur