TERMS OF SERVICE

TERMS OF SERVICE

Section A – General Terms

1. Introduction

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

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

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.DRHOUZE.com as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service in the Alternate Country.

1.4. DR HOUZE IS A HEALTHCARE TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO VIEW, OBTAIN OR PROCURE GOODS AND SERVICES PROVIDED BY PARTNER OR US. WHERE THE GOODS/SERVICES ARE OFFERED AND/OR PROVIDED BY PARTNER, DR HOUZE’S ROLE IS MERELY TO LINK THE USER WITH SUCH PARTNERS OR TO ENABLE CONSUMERS TO VIEW INFORMATION IN RESPECT OF THE PARTNER’S GOODS/SERVICES. DR HOUZE IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNERS OR INFORMATION RELATING TO THE SAME. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS AND SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE, AN AGENT, EMPLOYEE OR STAFF OF DR HOUZE AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY DR HOUZE.

2. Definitions

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

2.1. “Application” means the relevant mobile application(s) made available for download by DR HOUZE (or its licensors) to Consumers and Partners respectively;

2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4. “DR HOUZE” / “we” means:

2.4.1. Eztrade supply in relation DR HOUZE;

2.4.5. in relation to DR HOUZE for Business, the entity stated at the DR HOUZE for Business account sign-up page in relation to;

2.5. “DR HOUZE Policies” means the following:

2.5.1. the Privacy Policy;

2.5.2. the Service Partner Code of Conduct or the DR HOUZE Consumer Code of Conduct may be applicable; and

2.5.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.6 “Partner” means the independent third parties (who are not DR HOUZE) who provide the relevant Solutions to Consumers through the Service, including (a) doctor-partners, nurse-partners, physiotherapist-partners, clinic-partners, dietitian-partners;

2.7. “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;

2.8. “Platform” means the Application, Software and any other platform, portal or website which DR HOUZE owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;

2.9. “Privacy Policy” means our privacy policy accessible at: “https://www.DRHOUZE.com/legal/privacy-policy/” as amended from time to time;

2.10. “Service” means the linking of Consumers to Partners or other Consumers through the Application, Platform and/or Software;

2.11. “Software” means any software associated with the Application which is supplied made available for download and installation by DR HOUZE;

2.12. “Solutions” means the services by doctor, nurses, physiotherapist, dietitian and/or other products and services which are made available to Consumers through the following offerings:

2.12.1. Eztrade supply

2.14   Any such other services which DR HOUZE may make available from time to time; and

2.15   “You” refers to the Partner and/or Consumer as may be applicable.

3. Representations, Warranties and Undertakings

3.1. By using the Service and/or Platform, you represent, warrant and 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. You will provide true, accurate, not misleading, 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 true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that DR HOUZE may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, DR HOUZE has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

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

3.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by DR HOUZE;

3.1.5. You will only use the Application, Platform and Service for their intended and lawful purposes;

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

3.1.7. 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;

3.1.8. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.9. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.10. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending, posting or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third party rights or otherwise in breach of the applicable laws and/or DR HOUZE Policies; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using 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, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.11. You will not attempt to commercially exploit any part of the Application without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by DR HOUZE. This includes without limitation not to:  

(a)create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;

(c) conduct data mining or scraping activities; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

3.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud DR HOUZE or to disrupt the natural functions of the Application; 

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

3.1.14. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards DR HOUZE or any third party;

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 DR HOUZE 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, DR HOUZE 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 Service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the Service will be subject to DR HOUZE’s Privacy Policy;

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

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

3.1.21. You provide us the phone numbers of DR HOUZE users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.

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

3.1.23. You agree that DR HOUZE 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; and

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

3.2. If you are a Partner, you further represent, warrant and undertake that:

3.2.1. If applicable, you possess a valid relevant service’s license in order to provide services and have all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) 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, the vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s); 

3.2.3. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts in connection with your provision of the Solution(s));

3.2.4. 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 Solution(s)provided by you;

3.2.5. You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws and you acknowledge that DR HOUZE has the right to carry out background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;

3.2.6. You shall not contact Consumers for purposes other than in connection with the Service;

3.2.7. 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 Consumers, 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

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

3.2.9. 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;

3.2.10. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of DR HOUZE’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 DR HOUZE 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; and

3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.2.13  DR HOUZE reserves the right, at its sole discretion, to not onboard you for any reason or to deny your application; our decision in this matter is final. Furthermore, DR HOUZE retains the right to suspend or terminate your account at any time for any reason, including, but not limited to, violations of these terms, failure to pay fees when due, or any other actions that DR HOUZE deems harmful to the Service or its users.

3.2.14 DR HOUZE reserves the right to withhold or deny any application or account and has the right to compel you to undergo health including mental health evaluation, if we have reasonable belief that such evaluation is necessary for the safety and well-being of our users and the community at large. Pending the results of such evaluation, we may deny or withhold your application or suspend or terminate your account.

3.3. If you are a Consumer, you further represent, warrant and undertake that :

3.3.1. Your 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 of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.3. Where applicable, you agree to indicate the accurate number of patient(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of patients is untrue or inaccurate, the Partner is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;

3.3.4. You shall not contact the Partner for purposes other than the Service;

3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.

4. 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.

5. License Grant and Restrictions

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

5.2. You shall not:

5.2.1.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; or 

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

6. Payments

6.1 Payment Terms for Partners (Drivers-partners / Delivery-partners)

6.1.1 DR HOUZE charges a fee for your use of the Service (“Commission”). The Commission may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Commission is payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT DR HOUZE MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 DR HOUZE 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 or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold DR HOUZE liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

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

6.1.5 Driver’s Cash Balance: DR HOUZE shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). You must ensure your Cash Balance is not negative at all times. Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver DR HOUZEPay Wallet, or to such other recipient accounts as are made available in the Application, provided always, your Cash Balance does not fall below RM0. DR HOUZE reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application/whatsapp/email. You agree DR HOUZE may retain, apply, or set off any sum due and owing, monies, deposits or balances held in, or standing to the credit of any account towards the satisfaction of any obligations and service quality due from you to DR HOUZE, whether such obligation be present or future, actual or contingent, primary or collateral and several or joint.

6.2 Payment Terms for Consumers:

6.2.1 Consumers are required to make full payment of the Consumers Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable. In any event DR HOUZE pays, in part or in full, any Consumer Charges on your behalf related to your use of the Solutions, you are required to reimburse DR HOUZE the corresponding amount in the manners and deadline specified by DR HOUZE.

6.2.2 Automated payment may be made by credit card and or debit card, by DR HOUZEPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the DR HOUZE Terms of Service.

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partners unless you choose to change the amount or remove the tip.

7. Cancellation

7.1 For Partners:

7.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers ’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of DR HOUZE.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. DR HOUZE 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 For Consumers :

7.2.1 You may cancel your request for services at any time before you commence your ride with the Partner that has been matched with you by the Service.

7.2.2 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 DR HOUZE may notify from time to time via the Cancellation Policy on DR HOUZE’s website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact DR HOUZE via the Help Centre on DR HOUZE’s website for assistance. DR HOUZE reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the DR HOUZEPay Credits or such other method as is deemed reasonable by DR HOUZE, for cash payments.

8. DR HOUZE Promotions for Consumers

8.1 From time to time, DR HOUZE may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. DR HOUZE reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. DR HOUZE reserves the right to void, discontinue or disqualify you from any promotion or subscription plan without prior notice to you , in the event a you breach any part of these Terms of Service.

9. Ratings

9.1. Consumers and Partners may be allowed to rate each other in respect of Solutions provided.

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

10. Complaints

10.1. Any complaints between Partners and Consumers must be taken up with each other directly.

10.2. Please contact our Help Center if you have any questions or comments in relation to the Platform.

11. Repair and Cleaning Fees for Consumers

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. DR HOUZE may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by DR HOUZE.

12. Intellectual Property Ownership

12.1. DR HOUZE and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Platform, or any intellectual property rights owned by DR HOUZE and/or its licensors. DR HOUZE’s name, DR HOUZE’s logo, the Service, the Platform and the third party service providers’ logos and the product names associated with the Platform are trademarks of DR HOUZE or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Platform herein shall include its respective components, processes and design in its entirety.

12.2. You may be able to submit your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, DR HOUZE does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant DR HOUZE a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and (b) undertake that you have the right to grant us such license and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to DR HOUZE the right (though you acknowledge and agree that DR HOUZE shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and all promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Should you wish to request removal of any of the content, you may contact DR HOUZE to submit such request. Where the content you submitted is a review, the Review Guideline shall additionally apply. 

13. Taxes

13.1. 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. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend DR HOUZE 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.

13.2. If you are a Partner, 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.

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to DR HOUZE, 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 DR HOUZE (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 DR HOUZE, 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 Service, and shall not without DR HOUZE’s prior written consent, disclose such information to any third party nor use it for any other purpose.

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

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

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

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

14.2.4. is required to be disclosed by law.

15. Data Privacy and Personal Data Protection Policy

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

15.2. Where applicable, you agree and consent to DR HOUZE, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

15.3. You acknowledge that DR HOUZE may disclose Personal Data of other individuals to you in the course of your use of DR HOUZE’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 DR HOUZE, and not for any other unauthorized purposes.

16. Third Party Interactions

16.1. During use of the Service, 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 DR HOUZE and its licensors shall have no liability or obligation for any such communication or agreement. Neither DR HOUZE 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 DR HOUZE, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain Partners of SERVICE, goods and/or services may require your agreement to additional or different Terms of Service and privacy policies prior to your use of or access to such goods or services, and DR HOUZE is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. DR HOUZE 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.

16.2. DR HOUZE 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 to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.. You agree and allow DR HOUZE to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer 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.

16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties or otherwise display content or material provided by third parties (“Third Party Content“). Such Third Party Content are not under our control and we are not responsible or 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. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.

16.4. You acknowledge that in addition to utilising data from the Data Sources listed in Section B the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not: 

(a)    copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps; 

(b)   sublicense, transfer or distribute Google Maps; 

(c)    sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or 

(d)   access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

17. Indemnification

17.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold DR HOUZE, 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 attorneys’ 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 Partners or Consumers (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 Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service .

18. Disclaimer of Warranties

18.1. The Application, its content and any related service(s) is provided to you on an “as is” basis. DR HOUZE makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.

18.2. DR HOUZE makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners 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 Service and any Solution provided by Partners and shall have no recourse to DR HOUZE in respect of the same.

19. 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 Partners BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. DR HOUZE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

20. Limitation of Liability

20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST DR HOUZE 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. DR HOUZE 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:

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

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

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

20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, 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 DR HOUZE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. DR HOUZE DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE DR HOUZE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING THIRD PARTY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

20.3. DR HOUZE WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR AND PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH DR HOUZE, DR HOUZE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING 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 DR HOUZE 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 THIRD PARTY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

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

21. Notice

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

22. Assignment

23.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of DR HOUZE but may be assigned without your consent by DR HOUZE. Any purported assignment by you in violation of this section shall be void.

23. Dispute Resolution

24.1. This Terms of Service 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 Service or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and DR HOUZE (the “Arbitrator”). If you and DR HOUZE are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and DR HOUZE, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

24. Relationship

25.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with DR HOUZE.

24. Severability

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

26. No Waiver

27.1. The failure of DR HOUZE to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

27. Entire Agreement

28.1. This Agreement comprises the entire agreement between you and DR HOUZE and supersedes any prior or contemporaneous negotiations or discussions.

28. Suspension and Termination; Modification of Platform Content

29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Platform or any portion of the Platform (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.

29.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates DR HOUZE Policies, we reserve the right (but shall not be obliged, save to the extent where mandated by applicable laws) to carry out any such measures as DR HOUZE deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, cancelling the affected orders at any time without prior notice (including without limitation after an order has been submitted). 

29. No Third Party Rights or Assignment

This agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

1. Intercity

1.1 These terms and conditions shall be read in conjunction with DR HOUZE’s Terms and Policies (as defined below). Unless otherwise defined herein, all capitalised terms used herein shall have the meanings ascribed to them in DR HOUZE’s Terms and Policies.

1.2 The Application allows you to purchase from Partners for selected modes of SERVICE as appearing in the Application, including but not limited to doctor’s visit, nurse’s visit, physiotherapist’s visit, dietitian’s consultation and such other services as notified from time to time by DR HOUZE (collectively “Services” or, each a “Service).

2 Purchase of Services & Payment

2.1 Before purchasing any Services, you shall read all relevant terms and conditions and policies pertaining to the use of the Application including but not limited to all relevant terms and policies including the Privacy Policy (collectively referred to as “DR HOUZE’s Terms and Policies”). By booking and purchasing the Services, you agree to be bound by DR HOUZE’s Terms and Policies and any amendments to the foregoing issued by us from time to time. You also agree to the collection, use and disclosure of your personal data, for reasons related to the booking and purchasing of Services, in accordance with DR HOUZE’s Privacy Policy. If you do not agree to DR HOUZE’s Terms and Policies, you are advised not to purchase any Services nor access or use the Application.

2.2 All Services available on the Application are offered based on a “first come first serve” and on an “as is” basis. We may make reasonable efforts to furnish the details of Partners and other details such as the full address, name and IC number of patient(“SERVICE details”) to you. However, DR HOUZE shall not be held liable and responsible for the accuracy of any such details received from Partners. You are advised to liaise directly with the Partners to check and confirm all SERVICE details.

2.3 In the event that your booking is unsuccessful for any reason whatsoever, any payment collected by DR HOUZE in respect of such booking will be refunded to you accordingly

2.4 All prices shown on the relevant “Service Details” page on the Application constitute the final purchase price of the Service. The breakdown of the prices will be listed subject to DR HOUZE’s discretion.

2.5 Under exceptional circumstances, you shall be required to settle the payment (fully or partly) with the Partner directly. In such a situation, you are obliged to follow the payment instruction set out by the Partner including but not limited to any surcharges and administrative charges associated with the payment. In the event of any disputes or complaints you agree that such disputes or complaints shall be settled between you and the relevant Partner.

2.6 Payment shall be made via bank transfer only and in accordance with DR HOUZE’s Terms and Policies including but not limited to the section titled “Terms of Service: Payment and Rewards”.

3 Confirmation of Booking

3.1 Prior to payment, you are advised to thoroughly check and to confirm all the information including payment details that are being submitted. All payments are non-refundable unless expressly stated otherwise.

3.2 You cannot purchase a Service if you are under the age of eighteen (18).

3.3 PLEASE TAKE NOTE THAT THE PURCHASE OF SERVICE IS SUBJECT TO THE CONFIRMATION OF PURCHASE BY THE PARTNER. AS SUCH, YOU MAY NOT RECEIVE YOUR SERVICE AND/OR BOOKING CONFIRMATION IMMEDIATELY UPON PAYMENT. DR HOUZE WILL NOT BE HELD RESPONSIBLE FOR ANY FAILURE BY THE PARTNER TO ISSUE SERVICES.

4 Delay, Reschedule and Cancellation by the Partner

4.1 If we have been notified by a Partner that the information relating to the Service such as full address of home visit, name and/or IC number has been amended and/or cancelled for any reason (“changes”), we will endeavour to notify you as soon as possible of these changes, through any modes of communications we deem fit, by providing any update we deem relevant. Notwithstanding the foregoing, DR HOUZE will not be held liable for any delay, rescheduling or cancellation of the service.

4.2 You are advised to arrive in advance at the full address of home visit, as may be notified by us or the Partner. You must ensure that all requirements for a smooth arrival have been duly completed including but not limited to guard house checking,and door access.

5 Requests for Change, Rescheduling and/or Refund

5.1 All requests for change, rescheduling and/or refund (full or partial) of the purchased Service are subject to approval from the Partner and applicable charges. All decisions made by the Partner on any request of an amendment, change, cancellation, reschedule and/or refund are final and binding. Generally, all Services purchased are non-refundable, non-transferable, non-exchangeable and may not be cancelled.

5.2 Refunds shall be limited to the fares of service only and does not include reimbursement and/or claim on other consequential losses and damages. All refunds will be processed by Partner and in accordance with Partner’s prevailing terms and conditions and/or refund practices. DR HOUZE will not be liable for any refunds.

5.3 Any communications relating to the refund between you and Partner must be taken up with each other directly. In the event the Partner has agreed to refund the Service price to you, the refunded amount will be credited to you via bank account. DR HOUZE shall not be held liable for any delay in refund or non-refund of the amount from the respective Partner.

5.4 In the event that we have been requested by you to assist with your request of change, reschedule and/or refund of the Services, DR HOUZE will retain sole and final decision in deciding if we are able to entertain such requests. If DR HOUZE agrees to extend such assistance, DR HOUZE may, at our sole discretion, charge you a handling fee. We will inform you of such a handling fee when necessary.

6 Usage of Services

6.1 All Services are subject to their own terms and conditions including but not limited to baggage allowances as imposed by the Partners. Please read the applicable Partner terms and conditions prior to purchase of the Services and seek any necessary clarification from the Partner directly. We will not be held responsible nor liable for any loss, damage, or injury which may arise directly or indirectly in relation to the use of the services provided by the Partner.

6.2 You shall be solely responsible for confirming the travel schedule with the Partner before departure and ensuring that you meet all requirements required for the scheduled visit. DR HOUZE shall not be liable for your failure to do so which may result in you being prevented from plans.

7. Patient’s Responsibility

7.1 You must ensure that all patient information, including but not limited to the patient’s name, passport / ID number and contact information is accurate and that it matches both (i) the patient’s official document; and (ii) the information submitted by the patient when completing any forms on the Application when purchasing the Service. The Partner reserves the right to refuse the issuance of any Service, boarding pass or deny boarding if the names submitted via the Application during the process of booking the Service(s) and the names printed on the Patient’s ID/passport are different. DR HOUZE will not be liable or responsible for any loss, damage or injury arising directly or indirectly from any Patient failing to provide the necessary information accurately.

7.2 You must ensure that you have purchased the appropriate insurance coverage and protection for your trip and/or the Service. DR HOUZE will not be held liable for any loss, damage, injury, or death which may be incurred or caused to you or to any person for whom you have booked the trip.

7.3 You must ensure that you have verified the payment details and have obtained the relevant approval and/or permission from the appropriate parties such as guardian (in the case of a minor) before payment of the Service.

7.4 You must comply with all instructions and directions of the authorised personnel / employees of the Partner during your trip including but not limited to the waiting period at the relevant immigration offices.

8. DR HOUZE’s Responsibility

8.1 When a reservation for a booking of a Service has been made, DR HOUZE relies on the Partner to confirm the said booking before issuing you the Service. DR HOUZE will not be held responsible for any failure in reservation or any other loss or damages, either direct or indirect, in relation to unsuccessful reservation or delay in the reservation process.

9. Limitation of Liability

9.1 DR HOUZE will not be liable for any issues, loss, damage or injury arising directly or indirectly from the purchase of the Services including, but not limited to, loss damage or injury arising from use of the SERVICE provided by Partner, the Service price, SERVICE details, seat description, baggage description, timings, or availability that is displayed on the Application.

9.2 Pursuant to Clause 4.3 above, we will not be liable for your failure to receive the Service or order summary arising from your actions which includes but is not limited to your failure to provide the correct e-mail address or failing to set the correct email settings.

9.3 DR HOUZE will not be held responsible for the act or inactions of Partners including but not limited to (i) timely departure or arrival of the SERVICE; (ii) the conduct of Partners’ employees, representatives or agents; (iii) the service of the partner’s that may fail to meet your expectations; (iv) cancellation of the service for any reasons.

9.4 DR HOUZE will not be held liable and responsible for any sanctions, penalties and fines as a result of the Patient’s failure to comply with any applicable laws and regulations. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Partner, DR HOUZE or any third party as a result of any breach of any applicable terms and conditions (including but not limited to the Partner’s terms and conditions and DR HOUZE’s Terms and Policies) and any applicable laws and regulations.

9.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING FOR ANY IMPLIED WARRANTIES (IF ANY), IS LIMITED TO (i) FIVE HUNDRED RINGGIT MALAYSIA (RM500) (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS LOWER.

I hereby declare that I have understand terms and implications of this TERMS OF SERVICE. I further declare that I voluntarily executed this TERMS OF SERVICE.