Terms Of Usage

TERMS OF USE

I. GENERAL INFORMATION REGARDING THESE TERMS OF USE

  1. Welcome and thanks for choosing Seek A Carer (“Seek A Carer Sdn Bhd”, “SeeQ 4 Care”, “we”, “us”, “our”). SeeQ 4 Care is a TECHNOLOGY COMPANY which provides a platform for users to obtain services provided by third party providers (collectively refers to “nurses”, “caregivers”, “physiotherapists”, and “speech therapists” registered with SeeQ 4 Care). SEEK A CARER’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER (“Service”). Seek A Carer is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such services shall be borne by the third party provider. Third party providers shall not represent to be an agent, employee or staff of SEEK A CARER and the solutions provided by third party providers shall not be deemed to be provided by Seek A Carer.
  2. BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY. By clicking “I ACCEPT” or otherwise accessing or using any Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Service. If you do not agree to the Terms, you are not authorized to use any Service. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Service on behalf of that entity.
  3. In addition to this, your use of our Service may also be subject to specific terms applicable (“Additional Terms”) such as Patient Consent Form and Terms and Conditions. If there is any conflict between the Terms of Use, Privacy Policy and Additional Terms, then the Additional Terms apply in relation to the relevant Service. Collectively, the Terms (“Terms of Use”, “Privacy Policy”, “Additional Terms”), form a binding legal agreement between you and Seek A Carer in relation to your use of the Service. Collectively, this legal agreement is referred to below as the “Terms”.

II. REPRESENTATION AND WARRANTIES

  1. By using the Service, you hereby expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions and that you are at least eighteen (18) years old. You further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms and Conditions. You further confirm that all the information which you provide to SEEK A CARER shall be true and accurate. Your use of the Service is for your own sole, personal use. When using the Service, you agree to comply with all applicable laws in Malaysia.
  2. SEEK A CARER reserves the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device or for purposes other than which the Application or Software is intended to be used.
  3. By using the Service, you represent, warrant, undertake and agree that:
    1. All the information which you provide shall be true and accurate;
    2. You will only use the Application, Platform and Service for their intended and lawful purposes;
    3. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
    4. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
    5. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
    6. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
    7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
    8. You will not use the Application for sending or storing any unlawful material or fraudulent purposes;
    9. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Seek A Carer or any third party;
    10. When using the Service, you agree to comply with all laws applicable to you and/or your use of Service;
    11. You will not copy, or distribute the Software or other content without written permission from SEEK A CARER;
    12. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Seek A Carer may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Seek A Carer has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
    13. You will only use an access point or data account which you are authorized to use;
    14. You agree that the Service is provided on a reasonable effort basis;
    15. You agree to assist SEEK A CARER with any internal or external investigations as may be required by SEEK A CARER in complying with any prevailing laws or regulations in place; and
    16. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, SEEK A CARER or any other party as a result of your breach of this Agreement.
  4. If you are a Third Party Provider, you further represent, warrant / undertake that you are subject to the Additional Terms whichever is relevant and applicable to you.
  5. If you are a User, you further represent, warrant/undertake that:
    1. You use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility to the Unaccompanied Minor;
    2. If you are the patient, you are subject to the terms and condition set forth under the Patient Consent Form;
    3. You will not use the Application, Platform and/or the Software to cause nuisance, inconvenience or make false reservation;
    4. Where applicable, you agree to indicate the accurate date, time and terms when requesting for the Service. You further acknowledge and agree that if the information on the date, time and terms for Service is untrue or inaccurate, the Third Party Service Provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per Cancellation Clause at section VI under this Agreement / Cancellation Policy;
    5. You shall not contact the Third Party Provider for purposes other than the Service;
    6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider;
    7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory form any content displayed on the Application or Platform except for your personal, non-commercial use; and
    8. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media.

III. COMPATIBILITY

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

IV. GRANT OF USAGE OF LICENSE AND RESTRICTIONS

  1. SEEK A CARER and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by SEEK A CARER and its licensors.
  2. You shall under any circumstances NOT:-
    1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
    2. modify or make derivative works based on the Application and/or the Software;
    3. create internet “links” to the Application or “frame” or “mirror” or any Software on any other server or wireless or internet-based device;
    4. reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
    5. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
    6. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
    7. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, remove any copyright, trademark or other proprietary rights notices contained in the Service.

V. PAYMENT TERMS

  1. For Third Party Providers, you are bound to the remuneration and/or payment terms that set forth under the Additional Terms.
  2. For Users, you are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking via one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

VI. CANCELLATION

  1. For Third Party Providers:
    1. The Users rely on you for delivery or provision of your services. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of SeeQ 4 Care; and
    2. While you may cancel a booking, you will have to bear the cancellation charges as shown on SEEK A CARER’s website. We reserve the right to amend the cancellation policies from time to time. Any cancellation may be counted in determining if your access to the Service will be temporarily restricted.
  2. For Users:
    1. You may cancel your request for the services at any time, at least FIVE (5) DAYS before you commence the services with the Third Party Provider that has been matched with you by the Service;
    2. If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as we may notify from time to time via the CANCELLATION POLICY on SEEK A CARER’s website; and
    3. If you feel you were incorrectly charged a Cancellation Fee, you may contact us via the SEEK A CARER’s website for assistance. We reserve our absolute discretion to any refunds to you and such refunds may be credited to the payment account you used for the services, or any method as is deemed reasonable by SEEK A CARER.

VII. RATINGS

  1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
  2. Every rating will be automatically logged onto SeeQ 4 Care’s system and we may analyse all ratings received. We may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

VIII. TAXES

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs in connection with the Service provided by SEEK A CARER.

IX. CONFIDENTIALITY

  1. You shall maintain in confidence all information and data relating to SEEK A CARER, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of SEEK A CARER (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from SEEK A CARER, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without SEEK A CARER’s prior written consent, disclose such information to any third party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as they need to know it to fulfil its obligations under this Agreement.
  2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
    1. was at the time of receipt already in the Recipient’s possession;
    2. is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
    3. was received from a third party having the right to disclose it; or
    4. is required to be disclosed by law.

X. PERSONAL DATA PROTECTION

You agree and consent to SEEK A CARER, its subsidiaries and any of its affiliate companies collecting, using, processing information more fully described and stipulated in SEEK A CARER’s Privacy Policy which is governed by the Personal Data Protection Act 2010 in Malaysia.

XI. INDEMNIFICATION

  1. By agreeing to this Agreement upon using the Service, you agree that you shall defend, indemnify and hold SEEK A CARER, its licensors and each such party’s parent companies, organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses whether foreseeable or not foreseeable (including attorneys’ fees and costs) arising out of or in connection with: –
    1. your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; and
    2. your violation of any rights of any third party, including, but not limited to customers of which nursing services which you have provided using the Service, as a result of your own interaction with any third party.

XII. LIMITATION OF LIABILITY

Any claims against SEEK A CARER by you shall in any event be limited to the period of service in the course of using the Service. In no event shall SEEK A CARER and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, use of other economic advantage).

XIII. NOTICE

SEEK A CARER may give notice by means of a general notice on SeeQ 4 Care, electronic mail to your email address in the records of SEEK A CARER, or by written communication sent by Registered mail or pre-paid post to your address in the record of SEEK A CARER. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to SEEK A CARER (such notice shall be deemed given when received by SEEK A CARER) by letter sent by courier or registered mail to SEEK A CARER using the contact details as provided in the SeeQ 4 Care.

XIV. ASSIGNMENT

The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of SEEK A CARER but may be assigned without your consent by SEEK A CARER. Any purported assignment by you in violation of this section shall be void.

XV. JURISDICTION AND GOVERNING LAW

This Agreement and the terms contained herein shall be governed exclusively by Malaysian law and be submitted to exclusive jurisdiction of Malaysia, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the provision of the Service under SEEQ 4 CARE.