Terms of use

The following terms of service (these "Terms of Use"), govern your access to and use of the Locum mobile application (“Application”), including any content, functionality and services offered on or through the iOS or Android Locum mobile application by We Assist Sdn. Bhd (“WeAssist”).

 

1.  Introduction

 

1.1.  Please read these Terms of Use carefully. By using the Application, you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Locum Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and WeAssist. The Agreement applies to your use of the Application provided by WeAssist. If you do not agree to the Terms of Use please do not use or continue using the Application.

 

1.2.  WeAssist may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.locumapps.com or the Application. It is your responsibility to review the Terms of Use and Locum Policies regularly. Your continued use of the Application after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

 

1.3.  WeAssist provides a platform for users to obtain or procure Services. Depending on the service in question, the Services may be supplied by a Third Party Provider acting as an independent contractor or WeAssist. Unless otherwise stated, the Service is presumed to be supplied by a Third Party Provider acting as an independent contractor. Where the service is provided by a Third Party Provider, WeAssist’s role is merely to link the user with such Third Party Provider. WeAssist 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 WeAssist and the solutions provided by Third Party Providers shall not be deemed to be provided by WeAssist.

 

2.  Definitions

 

In these Terms of Use, the following words shall have the meanings ascribed below:

 

2.1.  “Application” means the relevant mobile application(s) made available for download by WeAssist (or its licensors) to users and Third Party Providers respectively;

 

2.2.  “Locum Policies” means the policies applicable to the users of the Application which includes all forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered which may be revised by WeAssist from time to time and published on the Application or Locum website.

 

2.3.  “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

 

2.4.  “Privacy Policy” means the WeAssist privacy policy which may be amended from time to time;

 

2.5.  “Service” means the linking of users to Third Party Providers through the Application and the subsequent services provided by such Third Party Providers (referred to as “Solution”);

 

2.6 “Third Party Provider” means the independent third parties who provide the relevant Services through the Application including nurses (of any category), doctors and other medical professionals on the Application;

 

2.7.  “User” means any person who uses the Application to search for, obtain, upload and provide the Services; and

 

2.8.   “User Charges” shall mean charges incurred by Users for the Services obtained through the use of the Application, including any applicable travel fees, taxes and any other fees or charges that may be due for a particular use of the Application.

 

 

3.  Representations, Warranties and Undertakings

 

3.1.  By using the Application and Service, you represent, warrant / undertake that:

 

3.1.1.  You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

 

3.1.2.  All the information which you provide shall be true and accurate, which includes information on the medical establishment You represent and whether you have permission to act on behalf of such medical establishment;

 

3.1.3. You will only use the Application and Services for their intended and lawful purposes;


3.1.4. You will keep your account password or any identification we provide you which allows access to the Application secure and confidential;

 

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security; 3.1.6.You will not try to interrupt or harm the Service and/or Application in any way;

3.1.7.  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 display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

 

3.1.8.  You shall not impair or circumvent the proper operation of the network which the Service operates on;

 

3.1.9.  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;

 

3.1.10.   You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

 

3.1.11.   You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

 

3.1.12. You will not use the Application to cause nuisance or behave in an inappropriate or disrespectful manner towards WeAssist or any third party;

 

3.1.13. When using the Application or Service, you agree to comply with all laws applicable to you, including regulations and rules issued by Ministry of Health relating to your use of the Service;

 

3.1.14.   You will not copy, or distribute the Application or other content without written permission from WeAssist;

 

3.1.15.   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 WeAssist 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, WeAssist has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

 

3.1.16.   You will only use an access point or data account which you are authorized to use;

 

3.1.17.   You agree that the Application is provided on a reasonable effort basis;

 

3.1.18. You agree that your use of the Application or Service will be subject to the Locum Policies as may be amended from time to time;

 

3.1.19.   You agree to assist WeAssist with any internal or external investigations as may be required by WeAssist in complying with any prevailing laws or regulations in place; and

 

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, WeAssist or any other party as a result of your breach of this Agreement.

 

3.2.  If you are a Third Party Provider, you further represent, warrant / undertake that:

 

3.2.1.   If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation, medical services, care services, or delivery services for hire to third parties in the jurisdiction in which you use the Service;

 

3.2.2.   If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation, medical services, care services, or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

 

3.2.3.  If applicable, you will use the appropriate road safety equipment (e.g. helmet);

 

3.2.4.  If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to   the   operation   of   a   taxi/ passenger transportation service or other delivery service;

 

3.2.5.  You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation, medical services, care services, delivery service provided by you;

 

3.2.6.  You shall obey all local laws and will be solely responsible for any violations of such local laws;

 

3.2.7.  You shall not contact Users for purposes other than in connection with the Service;


3.2.8.  You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of WeAssist, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

 

3.2.9.  You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

 

3.2.10.  If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and

 

3.2.11.  You agree that you are forbidden from promoting competitors’ applications, giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of WeAssist’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and WeAssist reserves the right to take such action         as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used.

 

3.3.  If you are a User, you further represent, warrant / undertake that :

 

3.3.1.  Your use of the Service is, unless otherwise allowed by WeAssist, for the use of your organization/hospital/clinic/registered medical facility in which you are fully authorized to make decisions relating to the     procuring of locum services;

 

3.3.2.  You shall not contact the Third Party Provider for purposes other than the Solution;

 

3.3.3.  Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

 

3.3.4.  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;

 

3.3.5.  You acknowledge and agree that only one (1) account can be registered on one device;

 

3.3.6.  You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

 

3.3.7.  You agree that WeAssist may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.

 

 

4.  Compatibility

 

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application. WeAssist does not warrant compatibility of the Application with specific mobile devices or other hardware.

 

5.  License Grant and Restrictions

 

5.1.  WeAssist and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application to use or obtain the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by WeAssist and its licensors.

 

5.2.  You shall not:

 

5.2.1.  license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;

 

5.2.2.  modify or make derivative works based on the Application;

 

5.2.3.  “mirror” the Application on any other server or wireless or internet-based device;

 

5.2.4.   except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or services made available on or through the Application;

 

5.2.5.  use any manual or 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, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

 

5.2.6.  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;


 

5.2.7.  remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

 

5.2.8.  use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorised access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

 

6.  Payments

 

6.1  Payment Terms for Third Party Providers (Nurses/Doctors/Paramedics/Medical Professionals)

 

6.1.1   Any fees which WeAssist may charge for the Service are due immediately and are non-refundable (“Service Fee“).This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application, our decision to terminate or suspend your access to the Application, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

 

6.1.2   YOU ACKNOWLEDGE AND CONFIRM THAT WEASSIST MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION, NET OF ANY FEES WHICH WEASSIST WILL CHARGE YOU FOR THE SERVICE.

 

6.1.3  WeAssist retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity, malpractice or neglect, where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold WeAssist liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

 

6.1.4  WeAssist may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. WeAssist may change the Service Fee at any time at its sole discretion.

 

6.1.5   Locum’s Cash Balance: WeAssist shall administer payments to you by way of a wallet system (the “Locum’s Cash Balance“). Your earnings will be displayed in the Locum’s Cash Balance in the Application and may be withdrawn by you to your designated bank account. WeAssist reserves the right to make such deductions from the Locum’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

 

6.2  Payment Terms for Users:

 

6.2.1  Users are required to make pre-payment of a minimum amount as determined by WeAssist for all services offered in the Application in order to use the Application. The pre-payment will be used to pay the Third Party Providers for the Solutions. An additional service fee will be payable to WeAssist for providing the Application which will be payable only upon completion of a Solution. WeAssist reserves the right to make deductions from the pre-payment sum as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

 

6.2.2  In consideration of the provision of the Solution and Application provided by WeAssist, WeAssist may charge a service or administration fee as determined by WeAssist from time to time. You shall pay to WeAssist all User Charges and Fees by way of deduction through the pre-payment minimum amount or bank transfer to WeAssist.

 

7.  Cancellation

 

7.1  Cancellation Terms for Third Party Providers:

 

7.1.1  The Users rely on you for delivery or provision of the Solutions. You agree that by accepting the booking or agreeing to provide the Solution, you are in a provide such Solution, failing which, WeAssist reserves the right to deduct a sum from the Locum’s Cash Balance. Frequent tardiness, ignoring Users’ bookings or frequent cancellation will impair the Users’ experience and negatively impact the reputation and branding of WeAssist.

 

7.1.2  While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. WeAssist reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

 

7.2  Cancellation Terms for Users:

 

7.2.1   Unless otherwise stated in any policy issued by WeAssist, you may cancel your request without any reason 12 hours before the Solution is due to commence with the Third Party Provider that has been matched with you by the Service.

 

7.2.2  If you decide to cancel a request for a booking once it has been accepted within 12 hours from the time the Solution is due to commence, you may be charged a Cancellation Fee or such other Cancellation Fee as WeAssist may notify from time to time. If you feel you were incorrectly charged a Cancellation Fee, you may contact WeAssist. WeAssist reserves its absolute


discretion to any refunds to you and such refunds may be credited to the pre-payment account on the Application or to the bank account stated in the User’s profile or by such other method as is deemed reasonable by WeAssist.

 

 

8.  Ratings

 

8.1.  Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided. These ratings may be published.

 

8.2.  Every rating will be automatically logged onto WeAssist’s system and WeAssist may analyse all ratings received. WeAssist may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

 

 

9.  Complaints

 

9.1.  Any complaints between Third Party Providers and Users must be taken up with each other directly. Third Party Providers and Users agree that WeAssist may share relevant contact information with the parties for them to take up any disputes or complaints.

 

10.  Intellectual Property Ownership

 

10.1.  WeAssist shall own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Use do not constitute a      sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by WeAssist. WeAssist’s name, WeAssist’s logo, the Application’s name, the Application’s logo and/or the Application itself and the product names associated with the Application are trademarks of WeAssist, and no right or license is granted to use them. For the avoidance of doubt, the term the Application herein shall include its respective components, processes and design in its entirety.

 

11.  Taxes

 

11.1.  You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time in Malaysia or any other relevant country. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend WeAssist to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

 

11.2.  If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

 

 

12.  Confidentiality

 

12.1.  You shall maintain in confidence all information and data relating to WeAssist, 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 WeAssist (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 WeAssist, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Application and/or Service, and shall not without WeAssist’s prior written consent, disclose such information to any third party nor use it for any other purpose.

 

12.2.  The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

 

12.2.1.  was at the time of receipt already in your possession;

 

12.2.2.  is, or becomes in the future, public knowledge through no fault or omission on your part;

 

12.2.3.  was received from a third party having the right to disclose it; or

 

12.2.4.  is required to be disclosed by law.

 

13.  Data Privacy and Personal Data Protection Policy

 

13.1.  WeAssist collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of WeAssist’s Services and its terms are made a part of this Agreement by this reference.

 

13.2.  Where applicable, you agree and consent to WeAssist, its parent company and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

 

13.3.  You acknowledge that WeAssist may disclose Personal Data of other individuals to you in the course of your use of the Application or WeAssist’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by WeAssist, and not for any other unauthorized purposes.


 

14.  Third Party Interactions

 

14.1.  During use of the Application, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and WeAssist and its licensors shall have no liability or obligation for any such communication or agreement. Neither WeAssist nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall WeAssist, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and WeAssist is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. WeAssist is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

 

14.2.  WeAssist may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree and allow WeAssist to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

 

14.3.  We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

 

15.  Indemnification

 

15.1.  By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold WeAssist, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; (e) where applicable your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

 

16.  Disclaimer of Warranties

 

16.1.  WeAssist makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Application or Platform. WeAssist does not represent or warrant that (a) the use of the Service, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

 

16.2  WeAssist makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Application and/or Service and any Solution provided by Third Party Providers and shall have no recourse to WeAssist in respect of the same.

 

16.3  Where applicable, WeAssist’s role as collection agent is solely mechanical and administrative in nature and WeAssist does not owe to you a duty of care or any fiduciary duties.

 

 

17.  Internet Delays

 

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. WEASSIST IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

 

18.  Limitation of Liability

 

18.1.   UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST WEASSIST BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY


AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS, WHICH IS NOT INCLUSIVE OF AMOUNTS PAID TO THIRD PARTY PROVIDERS. WEASSIST AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

 

18.1.1.   LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

 

18.1.2.  THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

 

18.1.3.    ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

 

18.1.4.   AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,

 

EVEN IF WEASSIST AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

18.2.   WEASSIST DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING CLINICAL STAFF, MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE WEASSIST FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR THIRD PARTY PROVIDERS INCLUDING CLINICAL STAFF, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

 

18.3.  WEASSIST WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS INCLUDING CLINICAL STAFF, MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE WEASSIST FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING CLINICAL STAFF, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

 

18.4.   THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SERVICES OR SOLUTIONS THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

 

 

19.  Notice

 

19.1.  WeAssist may give notice through the Application, electronic mail to your email address in the records of WeAssist, or by written communication sent by registered mail or pre-paid post to your address in the records of WeAssist. 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 WeAssist (such notice shall be deemed given when received by WeAssist) by letter sent by courier or registered mail to WeAssist using the contact details as provided in the Application.

 

 

20.  Assignment

 

20.1.  Unless otherwise stated herein, this Terms of Use as modified from time to time may not be assigned by you without the prior written approval of WeAssist but may be assigned without your consent by WeAssist. Any purported assignment by you in violation of this section shall be void.

 

21.  Dispute Resolution

 

21.1.  This Terms of Use shall be governed by Malaysian law, 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 this Terms of Use or the Service shall be referred to and finally resolved by arbitration in Malaysia by an arbitrator to be agreed upon between you and WeAssist or, failing agreement within fourteen (14) days after either Party has given to the other a written request to agree to the appointment of an arbitrator, a person to be nominated by the Director of the Asian International Arbitration Centre at the request of either Party. The arbitration shall be in accordance with the Arbitration Act 2005 and the Rules for Arbitration of the Asian International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this clause. The arbitration award shall be final and binding on the Parties and judgment upon the award entered in arbitration may be entered in any court of competent jurisdiction.

 

22.  Relationship

 

22.1.  Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with WeAssist.


 

23.  Severability

 

23.1.  If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

 

24.  No Waiver

 

24.1.  The failure of WeAssist to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

 

25.  Entire Agreement

 

25.1.  This Agreement comprises the entire agreement between you and WeAssist in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.

 

26.  Suspension and Termination

 

26.1.  You agree that WeAssist may do any of the following, at any time, without notice:

 

(i)  modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or services), for any reason;

 

(ii)  modify or change any applicable policies or terms; and

 

(iii)  interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

We shall not be required to compensate you for any suspension or termination.

 

27.  Solutions provided through the Application

 

27.1 By registering on the Application as a Third Party Provider, you represent to WeAssist and undertake that you have the required professional qualification, physical and mental ability, skill and experience as well as legal license as required by Ministry of Health to carry on such Solutions and will be able to prove such qualifications through the upload of legitimate documentation.

 

28.  Use of the Application by Users

 

28.1  You agree that by utilising the Application to obtain Solutions and Services, you are authorized to use the Application on behalf of your organization/hospital/clinic, etc. You agree that (a) you are responsible for all User Charges incurred and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other amounts as further described in the Terms of Use. Further, you agree that WeAssist shall not be responsible for User Charges incurred by unauthorized user of the organization. Finally, as between you and WeAssist, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of the User’s use of the Application. You shall notify WeAssist promptly upon discovery of fraudulent or prohibited activity occurring under your account.

 

28.2  You shall limit access to a User account to only those personnel who have a legitimate authorization and permission to access and use the Application. You shall be responsible for all activities that occur under your User account.

 

28.3  WeAssist reserves the right to immediately suspend your account in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an insufficient sum in your pre-payment account, or a rejected transaction. WeAssist further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charges and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at WeAssist’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

 

 

29.  No Third Party Rights

 

29.1.  Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.