TERMS AND CONDITIONS

THESE TERMS OF USE (“TERMS”) GOVERN THE ACCESS OR USE BY YOU, AN INDIVIDUAL, FROM WITHIN ANY COUNTRY, IN THE WORLD OF MOBILE AND WEB APPLICATIONS, WEBSITES, CONTENT, PRODUCTS OF A COMMUNITY MARKETPLACE WHICH FACILITATES PRIVATE NURSE AND CAREGIVING SERVICES, ONGOING CARE SUPPORT AND CARE PRODUCTS FROM THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS (THE “SERVICES”) THROUGH THE WEB APPLICATION CALLED JOMCARE OWNED BY MY CARE CONCIERGE SDN. BHD., A PRIVATE LIMITED COMPANY ESTABLISHED UNDER THE COMPANIES ACT 1965 OF MALAYSIA AND REGISTERED UNDER THE REGISTRATION NUMBER OF 1165765-P.

Contractual relationship

Please read these terms carefully before accessing or using the Services. Your registration and usage:

Your access and use of the Services constitutes your full and irremovable agreement to be bound by these terms its updates, and JomCARE’s privacy policy which establish a contractual relationship between you and JomCare. If you do not agree to these terms, you may not or may choose not to access or use the Services. These terms expressly supersede prior agreements or arrangements with you. JomCARE may immediately terminate these terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable Services. Supplemental terms shall prevail over these terms in the event of a conflict with respect to the applicable Services.

JomCARE may amend the terms related to the Services from time to time. Amendments will be effective upon JomCARE’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.

Our collection and use of personal information from you and other users in connection with the Services is as provided in accordance with the Malaysian Personal Data Protection Act 2010, the Personal Data Protection Regulations and in JomCARE’s privacy policy located at www.jomcare.com.my. JomCARE may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider (including a network company for nursing) and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

To operate the Services, a technology platform was developed by My Care Concierge Sdn. Bhd. that enables users of JomCARE’s mobile and web applications or websites provided as part of the Services (each, an “application”) to arrange and schedule private nursing Services with independent third party providers of such Services, including independent third party private and professional nurses as well as transportation providers and independent third party logistics providers under agreement with JomCARE or certain of JomCARE’s affiliates (“third party providers”). Unless otherwise agreed by JomCARE in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use and that the professionals supplied to you by JomCARE are independent contractors unless otherwise informed to you in advance. You acknowledge that JomCARE does not provide medical Services or function as a healthcare facility (private or public) or medical professional and that all such Services are provided by independent third party contractors who are not employed by JomCARE or any of its affiliates.

License

Subject to your compliance with these terms, JomCARE grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to:

• access and use the applications on your personal device solely in connection with your use of the Services; and
• access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use which may be terminated by My Care Concierge Sdn. Bhd. or JomCARE at any time upon breach of any terms of this Agreement.

Any rights not expressly granted herein are reserved by My Care Concierge Sdn. Bhd. and JomCARE’s licensors.

Provision of the Services

You acknowledge that portions of the Services may be made available under JomCARE’s various brands or request options associated with nursing care, medical care or logistics associated with the company and brand. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

• certain of JomCARE’s subsidiaries and affiliates; or
• independent third party providers, including nursing or medical network company service providers.

Third Party Services and Content

The Services may be made available or accessed in connection with third party Services and content (including advertising) that JomCARE does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party Services and content. JomCARE does not endorse such third party Services and content and in no event shall JomCARE be responsible or liable for any products or Services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation Or Blackberry limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Agreement if you access the Services using applications developed for Apple Ios, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Services, intellectual property and all rights therein are and shall remain JomCARE’s property or the property of JomCARE’s licensors. Neither these terms nor your use of the Services convey or grant to you any rights:

• in or related to the Services except for the limited license granted above; or
• to use or reference in any manner JomCARE’s company names, logos, product and service names, trademarks or Services marks or those of
  JomCARE’s licensors.

1. Your Use of the Services

User accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to JomCARE certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account and not to provide information to JomCARE that is misrepresenting, negligible or inaccurate. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or JomCARE’s termination of these terms with you and take any action against to recover any payments left unpaid by you for the Services. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by JomCARE in writing, you may only possess one account.

User requirements and conduct

The service is not available for use by persons under the age of 18 and not of full capacity. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive transportation or logistics Services from third party providers unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text messaging

By creating an account, you agree that the Services may send you informational text (“sms”) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving sms messages from JomCARE at any time by emailing the company that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving sms messages may impact your use of the Services.

Promotions and promotional codes

JomCARE may, in JomCARE’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider’s Services, subject to any additional terms that JomCARE establishes on a per promotional code basis (“promo codes”). You agree that promo codes:

• must be used for the intended audience and purpose, and in a lawful manner;
• may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by JomCARE;
• may be disabled by JomCARE at any time for any reason without liability to JomCARE;
• may only be used pursuant to the specific terms that JomCARE establishes for such promo code;
• are not valid for cash; and
• may expire prior to your use of the Services.

JomCARE reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that JomCARE determines or believes that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the applicable promo code terms or these terms.

User provided content

JomCARE may, in JomCARE’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to JomCARE through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“user content”). Any user content provided by you remains your property. However, by providing user content to JomCARE, you grant JomCARE a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and JomCARE’s business and on third-party sites and Services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

• you either are the sole and exclusive owner of all user content in your account or you have all rights, licenses, consents and releases necessary to grant JomCARE the license to the user content as set forth above; and
• neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor JomCARE’s use of the user content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide user content that is defamatory, seditious, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by JomCARE in its sole discretion, whether or not such material may be protected by law. JomCARE may, but shall not be obligated to, review, monitor, or remove user content, at JomCARE’s sole discretion and at any time and for any reason, without notice to you. In any event that such user content or post posted by you is deemed inappropriate or misleading of the brand of JomCARE, you allow the owners of JomCARE to remove you immediately without notice to you.

Network access and devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. JomCARE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

1. Disclaimers

JomCARE and its owners do not warrant to offer professional medical services or function as a professional medical practice. As a service company facilitating the Services between JomCARE and its third party suppliers vide its designated mobile and web applications or website, it is not a private healthcare facility or offers itself as one. The Services are provided “as is” and “as available.” JomCARE disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, JomCARE makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. JomCARE does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of Liability

JomCARE and its owners, managers, officers, representatives and employees shall not be liable to you, your belongings or your representatives for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if JomCARE has been advised of the possibility of such damages. Additionally, JomCARE shall not be liable for any damages, liability or losses arising out of:

• your use of or reliance on the Services or your inability to access or use the Services;
• any transaction or relationship between you and any third party provider, even if JomCARE has been advised of the possibility of such damages;
• representation, care, statements, omissions and actions of the private nurses, care givers, assistants and associated representatives supplied by JomCARE in the response of any of your request for its Services. JomCARE shall also not be liable for the delay, misrepresentation or failure in performance resulting from causes beyond JomCARE’s reasonable control or inaccurate or negligent instructions and communication passed to JomCARE.

In any event where JomCARE’s agrees to assume responsibility to you in connection with the Services for all damages, losses and causes of action, you agree that the responsibility shall not exceed the sum of one hundred Malaysian Ringgit (RM100.00) throughout the entire use of your Services.

JomCARE’s Services may be used by you to request and schedule nursing, care-giving transportation, goods or logistics Services with third party providers, but you agree that JomCARE has no responsibility or liability to you whatsoever related to any nursing, care giving medical care, private care, transportation, goods or logistics Services arranged or provided to you by these third party providers other than as expressly set forth in these terms.

Indemnity

You agree to indemnify and hold JomCARE and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitors’ fees) arising out of or in connection with:

• your use of the Services or Services or goods obtained through your use of the Services;
• your breach or violation of any of these terms;
• your breach or violation of any of the terms and policies of
  JomCARE, My Care Concierge Sdn. Bhd. and its binding partners;
• JomCARE’s use of your user content;
• your violation of the rights of any third party, including third party providers;
• your misappropriation, passing off or any criminal or civil harm you cause to JomCARE, its brand and intellectual properties, its representatives, assets, products and its business partners; and/or, in the alternative:

1. misrepresent the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any nurse, care giver or related representative, provide or create links to external sites that violate this terms of use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
2. invade anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;

• disseminate, publish or display falsehoods or misrepresentations that could damage JomCARE or any third party;

• pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate post that you place on the web which you attach to the name and brand of JomCARE, its representatives and business partners.

Restrictions

You may not:

• remove any copyright, trademark or other proprietary notices from any portion of the Services;

(ii)        reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JomCARE;

(iii)       decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

(iv)        link to, mirror or frame any portion of the Services;

(v)         cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

(vi)        attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks

without suffering the full consequences of the law of Malaysia and any legal action JomCARE is able to take against you for harm, loss and damage suffered, including the provision of all equipment and informed owned by to cause harm, loss and damage to JomCARE, whether intentionally or unintentionally.

Termination

JomCARE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any part thereof with or without notice and in its sole discretion. you agree that JomCARE shall not be liable to you or to any third party for any modification, suspension or discontinuance of JomCARE’s services.

You hereby acknowledge and agree that JomCARE in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your account, block your email or IP address, cancel the website or otherwise terminate your access to or participation in the use of the website or any part thereof, or remove and discard any submitted content on the website immediately and without notice and for any reason which is may but is not obliged to disclose.

Upon termination of your account, your right to participate in the website in any way shall automatically terminate and the following shall occur:

• your account will be disabled and you may not be granted access to your account or any files or other data contained in your account. however, such residual data may remain in the JomCARE system;
• all licenses granted to you will immediately terminate;
• JomCARE shall not be liable to you or any third party for any termination of your access to the website. JomCARE retains the right to use any data collected from your use of the website; and
• all related licenses you have granted JomCARE hereunder shall remain in effect for the foregoing purpose. in no event is JomCARE obligated to return any submitted content to you. all terms and conditions and rights in favour of JomCARE survive termination and remain in the full benefit of JomCARE;
• JomCARE shall be at liberty to report you to the authorities immediately and without notice to you for any posts, words, threats and/or actions which is or are considered in harm of the fear and safety of any or all of its users, JomCARE and its representatives, nurses, care givers or assistants.

You agree to indemnify and hold JomCARE, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the termination.

Refund Policy

There shall be no refund once Services have been rendered.
A refund will be given where cancellation is made at least Three (3) working days before the scheduled appointment. A refund will also be given if the caregiver cancels the visit at least 3 working days before the scheduled appointment and JomCARE is unable to find a replacement caregiver for the scheduled appointment.

1. General

Governing law

Except as otherwise set forth in these terms, these terms shall be exclusively governed by the courts of and construed in accordance with the laws of Malaysia. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these terms, including those relating to its validity, its construction or its enforceability (any “dispute”) shall be first mandatorily be negotiated between the parties in a friendly manner with the aims to settle the dispute amicably. If such dispute has not been settled within sixty (60) days after a request for negotiation has been submitted by either party, the parties can refer the matter to their respective solicitors for assistance to resolve the same finally before court or alternative dispute means.

Claims & Notice

JomCARE may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice or any claims by written communication to
JomCARE’s address at My Care Concierge Sdn. Bhd., A-1-2, Block A, Jaya One, Jalan University, 46200, Petaling Jaya, Selangor, Malaysia.

Others

You may not assign or transfer these terms in whole or in part without JomCARE’s prior written approval. You give your approval to JomCARE for it to assign or transfer these terms in whole or in part, including to:

• a subsidiary or affiliate;
• an acquirer of JomCARE’s equity, business or assets; or
• a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, JomCARE or any third party provider as a result of the contract between you and JomCARE or use of the Services.

If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms. These terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these terms, the words “including” and “include” mean “including, but not limited to.”