Terms of Use

1.

Introduction

(a)

These Terms of Use (“Terms”) govern your use of app.click2health.com.my, and its features and the Privacy Policy governs and explains how we collect, use, safeguard, and disclose information that results from your use of app.click2health.com.my. You acknowledge that you have read and understood the Terms and Privacy Policy and agree to be bound by them. By using app.click2health.com.my, you are entering into an agreement with Click2Health Sdn Bhd (hereinafter referred to as “Company,” “we,” “us,” and “our”).

(b)

If you do not agree with the Terms and Privacy Policy herein, you may not use app.click2health.com.my and its features. The Terms of Use and Privacy Policy shall apply to all visitors, users, and others who wish to access or use the app.click2health.com.my and its features.

2.

Account

(a)

app.click2health.com.my is accessible with an Account. You must register for an Account via the app.click2health.com.my or log into your existing Account to use app.click2health.com.my and its features. You acknowledge that you will obtain and maintain one Account and one set of Login Credentials, as we will only recognise one Account per individual.

(b)

You are responsible for the confidentiality, safekeeping, and security of your Account and its details, including the Login Credentials required to access your Account, and you must not share your Login Credentials with anyone else. You must notify us immediately if you know or suspect the confidentiality of your Login Credential or Account has been compromised or accessed without your permission.

(c)

You agree that you will be liable and responsible for any transaction or activity conducted through or purported to be conducted through your Account. Any use or purported use of app.click2health.com.my and its features and information, data, instructions, or communications, whether or not authorised by you, referable to your Login Credentials, will, as the case may be, be deemed to be the use of App.click2health.com.my by you.

(d)

You agree that you will not hold us responsible or liable, in any way whatsoever, for losses, costs, expenses, or damages suffered or incurred by you or any third party if there is any unauthorised use of your Account.

(e)

All use or access of app.click2health.com.my whether such access or use is authorised by you or not) will be deemed to be use or access of app.click2health.com.my by you.

(f)

You will exercise reasonable care to prevent the loss, disclosure, or unauthorised use of any App.click2health.com.my Account. We will not be responsible or liable for any loss caused to or damage suffered by you if any person should obtain possession of your Account and obtain information about you or your Account.

3.

Services

(a)

If you wish to make an inquiry on the Services provided by us on app.click2health.com.my, you may do so by filling in your information, including, without limitation, mobile number, name, National Registration Identification Number (NRIC), address or location for service and any other related basic information for the appointment purpose. You hereby warrant that the information you supply to us is true, correct, and complete. By submitting your information, you grant us the right to provide the information to third-party Service Provider subject to the Privacy Policy.

4.

Refund Policy

4.1

Customer may request a refund based on the terms below if the Customer wishes to:

i.

Customer may request a refund based on the terms below if the Customer wishes to:

ii.

Make a cancellation and request for refund due to the unavailability of service delivery by Service Providers;

iii.

Reschedule and make modifications to the confirmed service session;

iv.

Report a dispute;

v.

Give feedback on unsatisfactory service;

4.2

Refund

i.

There is no refund provided after fourteen (14) days from the date of purchase of Services, Packages, and Products.

ii.

There will be a 20% administration fee charge from the service price applied.

iii.

Mileage charges and consumables are not refundable.

iv.

There is no refund provided for cancellations made less than 24 hours from the date of the Appointment by the Customer.

v.

If the Service Professional requests to cancel or modify the Appointment with less than 24 hours’ notice without any valid reason, the Customer will be compensated by the Service Professional with one (1) additional session to replace that session.

vi.

If the Service Professional becomes unavailable due to an emergency, an alternative Service Professional shall be arranged with the best effort. If no suitable substitute is available for the scheduled appointment date and time, the Customer’s appointment will be rescheduled, and the Customer has the option to request a Service Professional of their choice.

vii.

Refund made to the Customer for any cancellations or refund request, subject to terms and conditions. The default refund period for a successful refund is 30 days.

4.3

Rescheduling and Modification

i.

Customer may reschedule a booked Service to a different date and time no less than 24 hours from the date of the Appointment.

ii.

Customer may be allowed to modify the terms of the Appointment, such as the nature of the service, location, and Service Professional, no less than 24 hours from the date of the Appointment.

5.

Prohibited Uses

5.1

You may use the App.click2health.com.my and its features only for lawful purposes, and in accordance with this Terms, you agree not to use the app.click2health.com.my:

a)

Modify, reverse-engineer, decompile, adapt, publish, redistribute or interfere with or intercept any transaction which is part of App.click2health.com.my (including authentication, password issuance, and reset services);

b)

Use App.click2health.com.my for any commercial purpose or for the benefit of any third party (save where authorised by us), including renting, selling, leasing, or directly or indirectly charging others for Use of app.click2health.com.my;

c)

Reproduce or make any copies of app.click2health.com.my, including any software therein;

d)

Remove, circumvent, impair, bypass, disable, or otherwise interfere with any feature of app.click2health.com.my, including any feature that -

i.

prevents or restricts access or use of any particular functionality or feature of app.click2health.com.my;

ii.

prevents or restricts the access or use of any Account; or

iii.

prevents or restricts the access to or use of any content that is made available or accessible through app.click2health.com.my;

e)

Access, log into or use any Account that is not yours, or which you are not validly authorised to access, log into or use;

f)

Misrepresent or make false or misleading claims regarding app.click2health.com.my;

g)

Use App.click2health.com.my for any illegal activity, unlawful purpose, or purposes prohibited by these Terms or in breach of these Terms;

h)

Use any device, software, exploits, or routine, including any virus, Trojan horse, worm, time bomb, robot, spider, data-mining or data scraping tool or cancel bot intended to damage or interfere with the proper operation of App.click2health.com.my and its features or to intercept or expropriate any content or personal data from App.click2health.com.my;

i)

Use App.click2health.com.my in any manner that could damage, disrupt, disable, overburden, or impair the operation of App.click2health.com.my or interfere with any person's use of app.click2health.com.my;

j)

While using app.click2health.com.my, upload, post, or transmit any content of any type that -

i.

is contrary to any law, statute, or subsidiary legislation;

ii.

is false, offensive, defamatory, inaccurate, misleading, or fraudulent; or

iii.

infringes or violates the rights of any person;

k)

Use app.click2health.com.my to access data not intended for you; and

l)

Solicit any password or personal data from any person or entity for the purpose of using App.click2health.com.my.

6.

Intellectual Property

(a)

You acknowledge that we are licensed all the titles, rights, and interests, including Intellectual Property Rights, in and to app.click2health.com.my. You will not do or permit any act which is directly or indirectly likely to limit our rights, title, or interest, or that of a relevant third party (as the case may be), in and to the same.

(b)

Unless otherwise expressly permitted by law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from app.click2health.com.my. Without limiting the foregoing, you will not use in any way and will not reproduce any trademark, logo, trade name and/or similar mark that is associated with app.click2health.com.my, without our prior written consent or that of the relevant third party (as the case may be).

7.

Intellectual Property

(a)

App.click2health.com.my are provided on an "as is" and "as available" basis without warranty of any kind. The accessibility and operation of app.click2health.com.my may rely on technologies outside our control. To the extent permitted by law, we do not make any representation or warranty of any kind whatsoever in relation to App.click2health.com.my and disclaim all express, implied, and statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including any representation or warranty:

i.

as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchantability, quality, or fitness for any particular purpose of app.click2health.com.my; or

ii.

that App.click2health.com.my or any associated function or feature will be continuously accessible, uninterrupted or error-free, or that defects will be corrected or that App.click2health.com.my and their servers are and will be free of virus or other malicious, destructive or corrupting code, programme or macro.

(b)

We will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property, whether arising directly or indirectly in connection with any of the following –

i.

your use of app.click2health.com.my;

ii.

any loss or unavailability of Use of App.click2health.com.my howsoever caused;

iii.

any breakdown or malfunction of any equipment system or software used in connection with App.click2health.com.my, whether belonging to us or not, including any electronic terminal, server or system, or telecommunication or other communications network or system;

iv.

any use, misuse, purported use or misuse, loss, or unauthorised use of app.click2health.com.my;

v.

any use, misuse, purported use or misuse or unauthorised use of App.click2health.com.my, including by reason of a third party's access to your App.click2health.com.my Account;

vi.

your computer or hardware or any other device not working or functioning properly;

vii.

any inaccuracy or incompleteness in, or error or omission in the transmission of or any content made available or accessible via app.click2health.com.my;

viii.

any delay, failure, or interruption in the transmission of any content made available or accessible via App.click2health.com.my, whether caused by delay, failure, or interruption in transmission over the internet or otherwise;

ix.

any decision made or action taken by you or any third party in reliance upon App.click2health.com.my or any statement, opinion, representation, information, or any content made available or accessible via App.click2health.com.my; or

x.

any virus or other malicious, destructive, or corrupting code, programme, or macro in App.click2health.com.my.

(c)

Insofar as app.click2health.com.my facilitate or requires the provision, use, or functioning of, or is provided in conjunction with, other products, software, materials and/or services, we make no representation or warranty in relation to such other products, software, materials and/or services (including any representation or warranty as to timeliness, reliability, availability, interoperability, quality, security, fitness for purpose, non-infringement, suitability or accuracy).

(d)

You acknowledge that your Use of app.click2health.com.my contains the possibility of human and machine errors, inaccuracies, omissions, delays, unavailability, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree that you will not hold us liable in any way whatsoever for the said loss or damage.

(e)

Information provided through app.click2health.com.my, if any, does not constitute professional advice, and app.click2health.com.my may not cover all information available on a particular issue. Before Using app.click2health.com.my, you will perform your own checks or obtain professional advice relevant to your particular circumstances.

(f)

Without prejudice to the foregoing, no action may be brought by you against us, under these Terms or related to app.click2health.com.my, more than one (1) year after the cause of action arose.

8.

Assignment

(a)

You may not assign or sub-contract these Terms without our prior written consent.

(b)

We may assign, novate, transfer, or sub-contract the rights and liabilities in respect of app.click2health.com.my, or these Terms, without notifying you and without further reference to you. Your acceptance of these Terms will also constitute your consent to such assignment, novation, transfer, or sub-contract.

9.

Privacy Policy

(a)

During your Use of app.click2health.com.my, we may be required to collect, use, store, disclose, or process personal data belonging to you or that may relate to a third-party individual, and that is provided by you. In this regard, we will collect, use, store, disclose or process such personal data in accordance with our privacy policy which can be found on or through the app.click2health.com.my ("Privacy Policy").

(b)

Please refer to our Privacy Policy for more details. By using app.click2health.com.my, you acknowledge that you have read and understood our Privacy Policy and that you agree to the terms of the Privacy Policy which may be amended from time to time. The Privacy Policy forms part of these Terms.

(b)

For the avoidance of doubt, the personal data belonging to you or that may relate to a third-party individual and is provided by you may be collected, used, disclosed and/or processed for the purposes set out in the Privacy Policy, including any purpose that may be notified by us to you from time to time.

10.

Governing Law

(a)

These Terms shall be governed and construed in accordance with the laws of Malaysia.

11.

Waiver and Severability

(a)

If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then these Terms, including all remaining provisions, will remain in full force and effect.

(b)

No delay by us in enforcing any provision of these Terms will be construed to be a waiver of any of our rights under that provision.

12.

Acknowledgement

(a)

By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.