1. Definitions

1.1 “Eterna,” “we,” “our,” or “us” means Eterna Health together with its subsidiaries and affiliates.

1.2 “Appointment Confirmation” means the written or electronic notice issued by Eterna confirming a scheduled appointment.

1.3 “Fees” means all amounts payable by the Patient for the Services, Products (defined below), administrative charges, delivery charges, payment‑gateway fees, and any goods and services tax (GST), sales and service tax (SST), or other taxes imposed by Malaysian Law.

1.4 “Malaysian Law” means all statutes, regulations, by‑laws, guidelines, and professional codes of conduct in force in Malaysia, including without limitation the Private Healthcare Facilities and Services Act 1998, the Medical Act 1971, the Personal Data Protection Act 2010 (“PDPA”), and directives issued by the Ministry of Health (MOH) or Malaysian Medical Council (MMC).

1.5 “Personal Data” has the meaning given in the PDPA and includes health information.

1.6 “Products” means any medical‑grade, cosmetic, nutraceutical, or wellness goods offered for sale through the Platform or the Eterna premises.

1.7 “Telemedicine” means the remote provision of healthcare services via information and communications technologies, as regulated by the MOH Telemedicine Blueprint and any subsequent guidelines.

2. Scope of Agreement

2.1 This Agreement governs:

  (a) all in‑clinic treatments, diagnostics, minor procedures, follow‑up reviews, and wellness programmes provided at Eterna’s fixed premises in Malaysia;

  (b) any Telemedicine consultations or electronic follow‑up communications; and

  (c) the online purchase and delivery of Products.

2.2 Telemedicine Limitation. Telemedicine is intended only for preliminary assessment, counselling, or post‑treatment monitoring and does not replace an in‑person physical examination where clinically indicated. Eterna reserves the right to require an in‑clinic visit before prescribing medication, performing procedures, or issuing medical certificates.

2.3 Jurisdiction. The Services are provided exclusively within Malaysia. Foreign Patients may utilise the Services for the purpose of medical wellness tourism but remain subject to Malaysian Law and to the immigration requirements of Malaysia (see Clause 11).

3. Eligibility

3.1 Age. You must be at least 18 years old and possess full legal capacity, or otherwise obtain the verifiable consent and physical presence of a parent or legal guardian.

3.2 Accuracy of Information. You represent that all Personal Data and medical disclosures provided are truthful, complete, and up to date. You must immediately notify us of any change.

4. Appointment Booking, Confirmation, and Consent to Treatment

4.1 Booking Channels. Appointments may be requested through the Platform, by telephone, or through an authorised travel‑health facilitator. Submitting a request does not by itself guarantee reservation.

4.2 Confirmation. Your appointment is secured only upon Eterna’s issuance of an Appointment Confirmation. The date and time therein are binding.

4.3 Pre‑Treatment Documentation. You must complete Eterna’s digital or paper intake forms, sign the appropriate informed‑consent documents, and provide a copy of valid identification (passport or national IC) before any treatment commences.

4.4 Clinical Contraindications. Eterna reserves the absolute right to decline, postpone, or cancel any procedure if the attending medical practitioner determines that proceeding would be unsafe or contraindicated.

5. Fees, Payment, Rescheduling, and Non‑Refundability

5.1 Payment Timing. Unless expressly stated otherwise in writing, all Fees are payable in full at the time of booking via the payment gateway, FPX, credit/debit card, e‑wallet, or such method as the Platform may allow.

5.2 No Refunds. All Fees become strictly non‑refundable once an Appointment Confirmation is issued, including where the Patient cancels, fails to attend, requests a change of mind, or is denied entry into Malaysia.

5.3 Rescheduling. One (1) reschedule request may be granted at Eterna’s sole discretion, provided:

  (a) the request is made at least seven (7) calendar days before the original appointment; and

  (b) the Patient pays any applicable administrative surcharge.

      Additional reschedule requests will be treated as cancellations.

5.4 Late Arrival / No‑Show. Arrivals more than thirty(30) minutes after the scheduled time may be treated as a no‑show. The practitioner may, at discretion, shorten or cancel the session without refund.

5.5 Currency and Taxes. All prices are quoted in Malaysian Ringgit (MYR) and are exclusive of SST (if applicable) unless expressly stated otherwise.

5.6 Third‑Party Processors. Payment processing is conducted by independent third‑party processors. Eterna is not liable for their acts or omissions. You agree to comply with their terms of service.

6. Online Sale and Delivery of Products

6.1 Placing Orders. By placing an order, you warrant that you are authorised to purchase the Products and that the information supplied is accurate. Eterna reserves the right to decline or cancel any order.

6.2 Title and Risk. Title passes upon full payment. Risk of loss or damage passes upon delivery to the address you specify.

6.3 Delivery Timeframes. Estimated delivery windows displayed on the Platform are indicative only. Eterna is not liable for delay caused by courier logistics, customs clearance, or force majeure.

6.4 Non‑Returnable Items. Due to health and hygiene regulations, correctly supplied Products are neither returnable nor refundable, save as required by Malaysian consumer law regarding manufacturing defects or mis‑description.

6.5 Product Use. Products must be used strictly in accordance with the instructions provided. Off‑label or unsupervised use is at your own risk.

7. Clinical Governance and Professional Accreditation

7.1 All medical practitioners engaged by Eterna are registered with the MMC, possess valid Annual Practising Certificates, and hold the requisite privileges to perform the procedures offered.

7.2 Eterna adheres to MOH guidelines on infection prevention and control, biomedical waste disposal, and quality assurance audits.

8. Medical Disclaimer and Informed Consent

8.1 Individualised Results. Clinical outcomes vary among individuals due to differences in genetics, lifestyle, and adherence to after‑care. No guarantee, warranty, or promise concerning specific results or the duration thereof is made.

8.2 Informed Decision. Before any procedure, you will receive a detailed explanation of indications, alternatives, potential risks, side effects, and expected downtime. Signing the consent form signifies your informed acceptance.

8.3 Emergency Care. Eterna is a private specialist centre and not an emergency department. In a life‑threatening situation, you will be stabilised and transferred to the nearest tertiary hospital. Associated ambulance or hospital fees are borne by the Patient.

9. Privacy and Data Protection

9.1 Compliance. Eterna processes Personal Data in accordance with the PDPA and our Privacy Notice, accessible on the Platform.

9.2 Purpose of Processing. Personal Data is collected for appointment management, clinical evaluation, billing, regulatory compliance, customer‑experience optimisation, and marketing of similar Services. Your explicit consent will be sought where required by law.

9.3 Retention. Medical records are retained for a minimum of seven (7) years from the last date of service, or such longer period as Malaysian Law may require.

9.4 Cross‑Border Transfer. Where Telemedicine or cloud storage involves servers outside Malaysia, Personal Data may be transferred abroad subject to legally enforceable safeguards.

9.5 Data Subject Rights. You may request access, correction, or deletion of Personal Data, or withdraw consent, by contacting the Data Protection Officer (see Clause 21). Requests will be processed within twenty‑one (21) working days.

10. Cookies and Digital Tracking Technologies

10.1 The Platform uses cookies, pixels, and similar technologies to personalise content, analyse traffic, and serve interest‑based advertisements. By continuing to browse, you consent to the placement of such technologies on your device.

10.2 You may disable non‑essential cookies via your browser or our cookie‑consent tool; however, certain functionality may be impaired.

11. Foreign Patients – Medical Wellness Tourism

11.1 Immigration Compliance. Foreign Patients are responsible for obtaining valid travel documents, visas, and travel insurance. Eterna provides no representation that the Patient will satisfy immigration requirements.

11.2 Pre‑Travel Clearance. Eterna may require pre‑travel laboratory results or physician clearance for certain invasive procedures. Failure to furnish requisite documents may result in cancellation without refund.

11.3 Follow‑Up Care Abroad. Post‑treatment follow‑up outside Malaysia may be limited to Telemedicine consultations. Patients are advised to arrange local healthcare providers in their home country for urgent needs.

12. Patient Responsibilities and Code of Conduct

12.1 Co‑Operation. You must follow pre‑ and post‑procedure instructions, attend scheduled follow‑ups, and disclose any adverse reactions promptly.

12.2 Prohibited Conduct. You shall not:

  (a) falsify or omit medical history;

  (b) record consultations without written consent;

  (c) harass or abuse staff;

  (d) transmit malicious code through the Platform; or

  (e) engage in any unlawful activity.

13. Intellectual Property

13.1 All trademarks, logos, images, text, software, and other content on the Platform are owned or licensed by Eterna. You are granted a revocable, non‑transferable licence to access and use the Platform for personal, non‑commercial purposes only. Any reproduction, distribution, or modification requires prior written consent.

14. Limitation of Liability

14.1 Aggregate Cap. To the fullest extent permitted by Malaysian Law, Eterna’s total cumulative liability, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Fees actually paid by the Patient for the specific Service giving rise to the claim.

14.2 Excluded Damages. Eterna shall not be liable for indirect, consequential, incidental, or punitive damages, including loss of profits, revenue, goodwill, or anticipated savings.

14.3 Statutory Rights. Nothing in this Agreement excludes liability for death or personal injury caused by negligence or for any other matter that cannot be excluded under Malaysian Law.

15. Indemnity

15.1 You agree to indemnify, defend, and hold harmless Eterna, its directors, officers, employees, agents, and contractors from and against all third‑party claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or related to your breach of this Agreement or Malaysian Law.

16. Complaint Handling and Feedback

16.1 Submission. Complaints or feedback may be submitted in writing via the Platform’s feedback form.

16.2 Acknowledgement. Eterna will acknowledge receipt within five (5) working days and endeavour to provide a substantive response within twenty‑one (21) working days.

17. Force Majeure

17.1 Eterna shall not be liable for delay or non‑performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, labour disputes, or interruptions of utility services.

18. Amendments

18.1 Eterna reserves the right to amend these Terms at any time. Updated Terms will be posted on the Platform with the “Last updated” date changed accordingly. Continued use constitutes acceptance.

19. Severability

19.1 If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed, and the remainder shall remain in full force and effect.

20. Governing Law and Jurisdiction

20.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

20.2 The courts of Malaysia shall have exclusive jurisdiction to resolve any dispute arising from this Agreement. The parties submit to the jurisdiction of the High Court of Malaya at Kuala Lumpur.

Acceptance

BY COMPLETING A BOOKING, OR OTHERWISE ACCESSING THE PLATFORM OR USING THE SERVICES, THE PATIENT ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.