Terms & Conditions
Terms and Conditions
1.1. You represent and warrant that:
- you are an individual of age 18 and above and a citizen of Malaysia;
- all information and documents provided to us (including information provided prior to you opening an Account with us), are true, correct and complete and not misleading in any material way;
- you have the capacity, power and authority to enter into, exercise your rights and perform and comply with your obligations under this Agreement;
- all actions, conditions and things required to be taken, fulfilled and done, in order: (i) to enable you to lawfully enter into, exercise your rights and perform and comply with your obligations under this Agreement, and (ii) to ensure that those obligations are valid, legally binding and enforceable, have been taken, fulfilled and done;
- your obligations under this Agreement are valid, binding and enforceable;
- your use of our Services complies with all law applicable to you; and
- you will inform yourself and, if necessary, consult your own professional advisers as to the relevant legal and data control regulations in force in the countries of your citizenship, residence or domicile.
2.1 You have read the Platform Agreement and the Disclaimer, which forms part of this Terms and Conditions and are fully aware that we are a technology platform connecting you to the Testing Project organised by the Organiser.
2.2 You acknowledge that we have no control over the availability of a Covid-19 testing slot at any particular time and agree that your appointment made through the Platform (“Appointment”) is subject to the Organiser’s acceptance and (to the fullest extent permitted by applicable laws) we give no warranty as to its timeliness, reliability and merchantability, fitness for a particular purpose.
2.3 You acknowledge that we have an interest in the Testing Project and you agree that you are solely responsible for making your own independent judgement and appraisal of all offer and promotions and your own independent verification of any information, opinion, and feedback provided by others on the Platform. You agree that you will only accept these information, opinion, and feedback on the basis of your own independent review and determination that the promotion or offer are suitable and appropriate for you, taking into account your specific needs.
2.4 You understand that all diagnoses, treatments, and procedures will be provided and performed exclusively by or under the supervision of the Organiser, in their sole discretion, as they deem appropriate and therefore no representation or warranty, express or implied is made by us as to the accuracy, completeness or suitability of such procedures.
2.5 You acknowledge that we have an interest in the Appointment made by you through the Platform and or may otherwise benefit from your Appointment.
3. Electronic Records
3.1 Our records (including computer and microfilm stored records or any other electronic records stored by us) of all matters relating to you, any Appointment on your Accounts, the Accounts and/or any Services provided to you is conclusive evidence of such matters and is binding against you for all purposes, save for manifest or clerical error, subject to our right to rectify any error or omission therein and our right to adduce other evidence. You hereby agree not to at any time dispute the authenticity or accuracy of any computer output relied upon by us for any purpose whatsoever.
3.2 You acknowledge and agree that we shall be entitled to destroy or dispose of all registers and other records and documents relating to the Account, Services or Appointment at any time after the expiration of any period of retention required by applicable law. We shall not be liable in any way for such destruction or disposal.
4.1 By accepting the Terms and Conditions herein, you accept that any engagement and/or use of the Services, will result in fees (as indicated on the Platform) to you for the Services you receive from us (the “Charges”). All payment processing services on the Platform for the Charges (“Payment Services”) will be undertaken and facilitated by Stripe or its related entities responsible for the payment processing services (“Payment Gateway”), and subject to or governed by their respective Additional Terms (as defined below).
4.2 Payment of the Charges shall, for all intents and purposes, be considered the same as payment directly by you to us and the Organiser. The Charges will be inclusive of applicable taxes where required by Malaysian law, such as Sales and Services Tax (“SST”). Charges paid by you are final and non-refundable, unless otherwise determined at the sole discretion of us and the Organiser by joint agreement.
4.3 The payment structure and the applicable Charge(s) for each transaction of the Services is intended to be full compensation for the Services provided.
4.4 We and the Organiser reserve the right to establish, remove and/or revise the Charges for any or all services obtained through the use of the Services at any time in our and the Organiser’s sole discretion. Further, you acknowledge and agree that Charges applicable may increase (or reduce) according to our and the Organiser’s commercial considerations.
Payment Gateway Provider
4.5 In order to use the Payment Services, you must provide us with accurate and complete information required for the Payment Services, including bank account information for at least one valid debit or credit card through the Platform. You acknowledge and agree that we may use the Payment Gateway, to process payments and to manage the account information you have provided to us. You may add, delete, or edit the payment method / account information you have provided from time to time directly through the Platform.
4.6 In order to use the Payment Services, you agree to comply with the terms and conditions of the Payment Gateway (available at: stripe.com) which may be modified or updated from time to time by the Payment Gateway (hereafter referred to as “Additional Terms”).
4.7 By using a particular payment method, you are agreeing to the terms of service of the Payment Gateway and your financial institution. You will bear all fees that may be charged by the Payment Gateway (if any) and/or your financial institution (if any) for the selected payment method.
4.8 By providing the account information for a credit or debit card, you represent and warrant, that: (i) you are legally authorised to provide such information to us; (ii) you are legally authorised to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorise a payment using any such account(s) via the Platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
4.9 You agree to authorise us and/or our related corporations to provide or give instructions on your behalf to the Payment Gateway for processing the Payment Services on your behalf in accordance with the Terms and Conditions.
5. Online Result Viewing
5.1 You may view your Covid-19 Test results on the Platform (“Result Viewing Service”).
5.3 You agree that we are a TECHNOLOGY PLATFORM that connects users to independent third-party providers (such as the Organiser), and as such we take no part in carrying on of the relevant Covid-19 Test or the production of the Covid-19 Test results. We are merely providing a platform to you to view your Covid-19 Test results through the Result Viewing Service. We expressly disclaim all warranties and responsibilities of any kind, whether express or implied, for the accuracy or reliability of the content of any information contained under the Result Viewing Service and shall NOT be liable for any inaccuracy or incorrectness of the Covid-19 Test results displayed on the Platform. While we have made a concerted effort to provide you with the best possible information, the result viewing service is not a substitute for a visit with your healthcare professional, and any reliance upon or use of this information by you is at your own independent discretion and risk.
5.4 You shall not abuse or misuse the Result Viewing Service, including but not limited to:
- engage in any illegal or fraudulent activities;
- supply or attempt to supply any false or misleading information, or make any misrepresentation to us or the Organiser;
- in any manner that may damage, disable, overburden, corrupt or impair your Account, the viewing of Covid-19 Test results under the Result Viewing Service, the Platform, the hardware or application and software system, security protocols, information or other operations or interfere with any party’s use and enjoyment of his or her Account, the Result Viewing Service and the Platform; and
- attempt to gain or gain unauthorised access to any accounts other than your own account through hacking, mining or any other means.
5.5 You shall be responsible for regularly checking your account and keeping your personal details up to date. You shall notify us of any changes, omissions or incorrect details as soon as you become aware of any of them. We shall not be responsible fro any failure by you to notify us of any such changes, omissions or incorrect details or for any incorrect information notified to us.
5.6 You agree that:
- you are solely responsible for your computer, system or other device from which you access your Account, our Platform and the Result Viewing Service, including but not limited to the maintenance, operation and permitted use of such computer, system or other device and that it is your obligation to comply with any criteria imposed by us from time to time in respect of your computer, system or other devices from which you access your Account, our Platform and the Result Viewing Service (including any software used);
- you shall not access your Account, our Platform and the Result Viewing Service using any computer, system or other device which you do not own unless you have received the owner’s permission;
- you shall ensure that any computer, system or other device from which you access and use your Account, our Platform and the Result Viewing Service shall be properly maintained and shall be free from any defects, viruses or errors;
- you shall ensure that your PC or laptop is loaded with the latest anti-virus and anti-spyware software and that the software is at all times installed and updated with the latest pattern;
- you shall ensure that you have downloaded the Platform from trusted channels; and
- any material downloaded or otherwise obtained through the use of your Account, the Platform and the Result Viewing Service is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
5.7 We reserve the sole and absolute right to:
- add, amend and/ or vary our Platform and Services at any time without assigning any reasons whatever and without any prior notice; and/or
- suspend the operation of your Account and/or terminate your Account without assigning any reasons whatsoever and without any prior notice.
5.8 You hereby irrevocably and unconditionally agree to give consent to us:
- to collect, store, hold, transfer (within or outside Malaysia), administer and process your personal data including but not limited to your name, NRIC No./ Passport No., contact details, medical history, information and test report(s) for our internal use and records;
- to disclose and release your personal data to the relevant government authorities and agencies, where it is required under the law; and
- to perform the Result Viewing Service.
6. Intellectual Property Rights
6.1 The names, images, interface, logos and slogan or any other trademarks (“Marks”) identifying us and our services are subject to our copyright, design rights and trade marks, and all rights to the Marks are expressly reserved by us. Nothing contained in this Platform Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any of our trademark, patent, design right or copyright, without our prior written consent. You shall not use our Marks in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.
6.2 We, our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors, own and retain all rights, titles and interests in and to: (a) the Platform; and (b) all hardware, software, and other items used to provide the Services to you; (c) all materials, including without limitation, the information, databases, data in the Platform which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by us, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. You shall also not decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the Platform except under the specific circumstances expressly permitted by us in writing.
6.3 In the event that you download any software, applications or script in relation to or from the Platform, the software, applications or script, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed by us to you on a non-exclusive, non-transferable, and non-sublicensable basis for the sole purpose of utilising our Services in accordance with this Terms and Conditions. For the avoidance of doubt, we are not transferring and do not transfer, title ownership or any other rights to the Software to you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software. Any Software downloaded from the Platform shall be at your own risk.
6.4 You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the Platform or any information, data, products or services obtained from the Platform (“Platform Contents”). Unauthorised conduct or use of the Platform or the Platform Contents may violate our intellectual property rights and may also be an offence under the Malaysian Computer Crimes Act 1997. You shall be entitled to retrieve and display the Platform Contents on any compatible device owned by you and retain a copy of the Platform Contents for your record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.
a) You hereby grant us an exclusive, royalty-free, perpetual, transferable and irrevocable licence to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display any comments, bug reports, or feedback provided by you to the Platform (collectively, “Customer Feedback”) throughout the world in any media for any purpose, now known or hereafter devised; and
- use the name that you submit in connection with your Customer Feedback. You represent that your Customer Feedback are non-confidential, non-proprietary, and do not breach any third party’s rights.
b) You further agree that Customer Feedback of the other customers and Platform users are not monitored for accuracy, completeness, thoroughness or timeliness, and do not constitute medical or healthcare advice or recommendation of any kind
c) We reserve the right for any reason in our sole discretion to remove without notice any Customer Feedback from the Platform.
7. Disclaimers and Liabilities
7.1 The Platform is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We disclaim to the fullest extent permitted by applicable laws all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform, or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorised software, or that the download, installation or use of any system or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.
7.2 Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.
7.3 Assumption of risks. You acknowledge that there are certain security, corruption, transmission error and availability risks associated with using the Platform and agree, to the maximum extent permitted under applicable laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:
- delays in, or inability to, access or use the Platform due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;
- loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;
- the need to conduct maintenance of the Platform system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and
- the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the Platform, the privacy of your information or otherwise,
and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.
7.4 Exclusion of Liability. To the maximum extent permitted under applicable laws and without prejudice to any other rights we may have under this Platform Agreement, you acknowledge and agree that we (and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:
- any unavailability of the Platform and/or your access or use (or inability to access or use) the Platform;
- any failure of our system or Platform;
- any inaccuracies contained in information or result relating to the system;
- any failure to receive or delay in receiving your Appointment because of any failure of our system or other facilities or the telecommunication links used to transmit the Appointment;
- any delay where the contents of an Appointment or your Access Method are ambiguous, incomplete or otherwise not up-to-date or inaccurate;
- any unauthorised use of the Platform or Access Methods;
- any breach of security or unauthorised use of, corruption or transmission error associated with our system or other facilities;
- any act or omission of telecommunications carriers, internet service providers or any other service providers;
- the exercise of any of our rights under this Platform Agreement;
- our reliance on such information submitted to us;
- any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; and / or
- any event or circumstance beyond our control.
7.5 Your indemnities to us. To the maximum extent permitted under applicable laws and without prejudice to any other rights we may have under this Platform Agreement, you shall indemnify, and shall keep indemnified, us and any of our service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns, against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform or our Services; or (ii) our operation of the Platform or the provision of our Services, save where such losses are directly caused by our own gross negligence or wilful default or that of our directors, officers, employees or agents. Without prejudice to the generality of the foregoing, you shall indemnify us for any losses we may incur (directly or indirectly), from:
- any breach of, or non-compliance with, this Platform Agreement by you;
- any unauthorized use by any party of your Access Methods or the Platform or any part thereof;
- any failure or malfunction in your system used in connection with the Platform;
- any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorised access which have been introduced by you, which affects or causes the Platform, our hardware, software and/or other automated systems to fail or malfunction;
- any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;
- our acting or relying on the Appointment submitted by you;
- your use or failure to use the Platform; and / or
- material comprised in the information or otherwise provided by you violating any applicable laws or third party rights, including intellectual property rights.
7.6 You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), you shall procure that such person will indemnify and hold us and our directors, officers, employees and agents harmless on the same terms as those set out above.
8.1 You acknowledge and agree that we, in the conduct of our functions, instead of acting ourselves, may delegate to or appoint any service provider, agent, sub-agent, contractor, sub-contractor or other third parties, whether in Malaysia or otherwise (and such persons shall each be referred to in this Agreement as an “Affiliate” of ours, where the context permits) to carry out or provide on-going maintenance and support services for the operation of the Platform or such other Services or business as may be required by us.
8.2 You acknowledge and agree that we may delegate to such Affiliates all or any of the power, authority or discretion vested in us and any such delegation may be made upon such terms and conditions as we may think fit and, provided always that we shall have exercised reasonable care in the selection of such Affiliate, we shall not be bound to supervise the actions of and shall not in any way or to any extent be responsible for any loss incurred by you or any failure, neglect, default or breach by any such Affiliate.
8.3 You agree that our employees, officers, or Affiliates shall not have any authority to bind us to any obligations or liabilities as otherwise expressly provided in this Agreement.
9. Confidential Information
9.1 Our duty. Save as permitted under this Agreement or any other agreement with you, we shall treat all information relating to you and your Accounts as confidential.
9.2 Non-confidential information. You acknowledge that the following information will not be regarded as confidential information and we do not owe you or any other person any duty to keep such information confidential, save where it involves your medical or healthcare information:
- information that as at the date of its disclosure is in the public domain (other than through a breach of this Agreement) or which subsequently enters the public domain;
- information that was already in our possession before you provided the information to us;
- information which we received from a third party who has lawfully acquired such information and is under no confidentiality obligation regarding its disclosure to us; and
- any information which is anonymised or encrypted in such a manner where the identities of any person cannot be readily inferred, or which cannot be referable to any particular person.
9.3 Exceptions from duty of confidence. You give us permission to disclose information relating to you and your Account as follows, save where such information involves your medical or health information and is disclosed to anyone or anything in Clause 9.3(a) to 9.3(d) below, in which case, we will seek your prior consent before disclosing such information:
a) any of our directors, officers, employees, representative, agents or delegates;
b) any of our Affiliates, shareholders or related corporations and any of their successors, assigns or sub-contractors ,any their directors, officers, employees, representatives, agents or delegates;
c) our professional advisers, consultants;
d) any person who we believe in good faith to be your legal advisers or other professionals;
e) pursuant to applicable law in Malaysia or pursuant to a request by any regulatory body (regardless of the reason for such request and whether such request is exercised under a court order or otherwise);
f) to such other persons or under such other circumstances as you may give your consent to make such disclosure;
provided that in the case of disclosure under any of the circumstances in Section 9.3(a) to 9.3(c) above, we shall, where reasonably possible, procure that the recipient is subject to the same duty of confidence.
9.4 Survival. The permission you give by agreeing to this Section will apply even after this Agreement ends or your Account is terminated.
- in the case of a Notice to you, to the phone number or electronic mail address indicated by you at Account opening or edited subsequently through the “Change of Phone No. or Email procedure” available on the Platform or by posting a Notice on the Platform; and
- in the case of a Notice to us, by email to [email protected]
10.2 You are deemed to receive the Notice sent by us upon the earlier of:
- receipt of the Notice by you on the Platform;
- receipt of the Notice by you through your electronic mail address; or
- expiration of the calendar month following the posting of the Notice on the Platform or to your electronic mail address.
10.3 We are deemed to receive the Notice sent by you on the date upon which it is sent, unless it is sent after 5.45 pm on a Business Day or at any time on a non-Business Day in which case, it will be deemed to have been received on the following Business Day.
10.4 You must promptly inform us in writing of any change in your phone number and/or email address for communication or any of your relevant particulars available in our records and send us all supporting documents if we so require. We will need a reasonable time period, not being less than seven (7) Business Days from receipt, to act and effect the change in our records, after which, we may rely on the change.
11.3 Assignment. You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification.
11.6 No Third Party Rights. A person who is not a party to this Platform Agreement shall have no right under any law, to enforce any provision in this Platform Agreement.
11.7 No Waiver. No failure or delay on our part in exercising any rights hereunder and no notice or demand which may be given to or made upon you by us with respect to any right hereunder, shall constitute a waiver thereof, or limit or impair our right to take any action or to exercise any rights hereunder without notice or demand, or prejudice our rights as against you in any respect or render us responsible for any loss arising therefrom. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
We are always happy to talk. If you have any questions or concerns, please contact us via phone at +60 17-370 2874 (Monday to Friday, 8.45am to 5.45pm) or email to [email protected] and we will do everything we can to help.