TERMS OF USE


Disclaimer

We, Caregiver Asia (Malaysia) Sdn Bhd (the “Company”) are pleased to provide you, the Users (as defined below) with access to our network of websites (“Network”) and related services which are listed on https://www.caregiverasia.com wherever distributed on the internet on these terms and conditions.

The Company

We publish or make available on the Network, information, advertisements, product and service offers, plans, enrolling in a program or service, jobs information, links and other contents supplied by the Company and third parties (“Material”). We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Network or on any web site that links from the Network (including third party advertisements).

We do not and cannot provide any warranty in relation to any goods or services advertised for sale on the Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

The Agreement and Online Services

The terms of use as set out herein below govern the use of our online and mobile websites, platforms, services, and applications offered and available on this website and any other services offered and available in the Network (“Online Services”). These Terms of Use ("Terms") constitute a legally binding agreement between you, the person using our online and mobile websites, platforms, services, and applications, and us. The User is advised to read them carefully as they affect the User's rights and liabilities under the law.

By using the Network, you, the User agrees to the most recent Terms as well as the most recent version of our Privacy Policies. We may change these Terms at any time, and such changes will be posted on this or a similar page of the Online Services. It is your responsibility to review these Terms each time you use our Online Services. By continuing to use the Online Services, you consent to any changes to our Terms. In the event the User does not agree to the amendments, the User shall not continue to use the Network and/or the Online Services.

The User

The User shall be an Individual as defined herein below, and includes any person browsing and/or viewing the Network, and the expression “Users” shall mean more than one User.

'Individual' - The Online Services are available only to individuals who are 18 years or above of age and are capable of entering into a legally binding agreement under Malaysian law.

The User may register by providing an email address and password (your "User ID").These are your credentials for accessing portions of the Online Services. You agree we have the right to disable and/or delete any User IDs for any reason in our sole discretion. You are responsible for protecting your User ID. If your User ID or other activation codes you use with the Online Services are compromised, you agree to immediately inform us.

In order to access the Network, the User may be required to provide current, accurate identification, contact, and other information (“User Information”) as part of the account registration process and/or continued usage of the Network offered by the Company and its subsidiaries or affiliated companies. User Information referred to hereinabove also includes but is not limited to any information provided by the User to the Company or to other Users.

The User is responsible for maintaining the confidentiality of the User ID and for restricting access to the User’s devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Network and its contents. The User agrees to accept responsibility for all activities that occur under the User’s User ID.

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1 . "Use of Network Contents"

The Company grants the User a limited license to access and make use of the Network’s content (“Content”) and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of the Company.

Subject to these Terms, the Company grants you a personal, non-commercial, non-transferable, nonexclusive, revocable, limited license to view the Material on our Online Services for the sole purpose of obtaining information regarding our plans or products and related activities such as, if permitted on our Online Services, applying for a plan, enrolling in a program or service, or opening an account. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. All rights, title and interest in and to the Online Services, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with the Company and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the Content available on the Online Services, granting the foregoing licenses or entering into this Agreement.

Some Online Services operated by the Company include trademarks or logos belonging to other third-party licensors and are used pursuant to an agreement with such third parties.

We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using the Online Services, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control. clauses:

1 . any downloading or copying of account information for the benefit of another website; or

2 . any collection and use of any product listings, descriptions, or prices; or

3 . any derivative use of the Network or the Content;

4 . any use of data mining, robots, or similar data gathering and extraction tools;

5 . any directly or indirectly authorisation of anyone to take actions prohibited in the Network;

6 . any introduction of viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and/ or

7 . any attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Online Services.

Other than for the purposes for which the Online Services are intended, the Network or any portion of the Content or any portion of the Network or site content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.

The User may not use any of the Company’ logo or other proprietary graphic or trademark forming part of the Network without express written permission.

Any unauthorized use immediately terminates the permission or license granted by the Company.

Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Network so long as the link does not portray the Company, its products or Online Services, or the Network in a false, misleading, derogatory, or otherwise offensive matter. The User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Network without the Company’ express written consent.

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2 . "Restrictions of content and use of software services"

1 . When the User gives the Network and/or the Company content, the User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights the User has in the content, in any media known now or in the future.

2 . The Company has the right but not the obligation to monitor and edit or remove any activity or content.

3 . Any software (“Software”) used in and for the Network, including but not limited to HTML code, and/or mobile application (including but not limited to iOS and Android app), that is made available to download, is owned by the Company and/or its suppliers.

4 . Further, the User’s Information, User’s account and User ID may not be transferred or sold to another party save and except as provided in the [Privacy Policy Link]

5 . Use by the User of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). The User acknowledges that it must agree to the terms of the License Agreement before using the Software.

6 . If there is no License Agreement, the Company grants to the User a personal, non-transferable license to use the Software for viewing and otherwise using the Company’s Network in accordance with these terms and conditions, and for no other purpose.

7 . The User may not do any of the following while accessing or using the Online Services:

1 . "access or search or attempt to access or search the Online Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by the Company (and only pursuant to those terms and conditions), unless the User has been specifically allowed to do so in a separate agreement with the Company;"

2 . "access, tamper with, or use non-public areas of the Online Services, the Company’s computer systems, or the technical delivery systems of the Company’s providers;"

3 . "probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;"

4 . "interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Online Services, or by scripting the creation of contents in such a manner as to interfere with or create an undue burden on the Online Services."

5 . "use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Network or generate or compile any document, index or database based on the Material published on the Company’s Network to forge any email or posting, or in any way use the Online Services to send altered, deceptive or false source-identifying information."

8 . The Company reserves the right to refuse service, terminate accounts, remove or edit contents, and/or cancel orders in the Company’s sole discretion.

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3 . "Personal Data Protection"

Protection of personal data of the Company’s Users matters and the Company has a well-defined privacy policy. Please refer to the Company’s personal data protection notice and privacy policies located at [Privacy Policy Link] which forms part of this Agreement, to understand how the Company uses and protects the personal data of its Users. The User is deemed to have understood and agreed to such usage and accepted all privacy policies of the Company by the User’s continued usage of the Network.

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4 . "Cookies"

This Network uses cookies. Users understand that they must have cookies enabled on their computer in order for all functionality on the Network to work properly. This is the default setting for most modern browsers. Users are to refer to their browser's Help for more information about enabling cookies.

Cookies allow a User to use more sophisticated interactive programs. Cookies, by themselves, cannot be used to find out the identity of any User. Only information provided voluntarily is stored, but this information is not personally identifiable.

A cookie is a small data file that is written to a User’s hard drive when the User visits certain websites. Cookie files contain certain information, such as a random number user ID that the Network assign to a visitor to track the pages visited. The only information a cookie can contain is information that User’s supply themselves. A cookie cannot read data off a User’s hard disk or read cookie files created by other websites.

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5 . "No Warranty"

The Company does not guarantee continuous, uninterrupted or secure access to the Online Services, and operation of the Network may be interfered with by numerous factors outside the Company’ control.

The Network and the Online Services are provided "as is" and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement.

For avoidance of doubt, the Company is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

To the extent permissible by law the Company excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.

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6 . "Termination and Suspension"

The Company reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation or breach of any of the terms and conditions in this Agreement.

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7 . "Links to Third Party Websites"

The Network may contain links and/or references to other websites (“Third Party Websites”). The Company shall not be responsible for the contents, accuracy and/or opinions expressed in Third Party Websites.

Inclusion of and/or reference to any links or internet addresses on the Network do not imply approval or endorsement of those sites by the Company.

In the event the User decides to leave the Network and access Third Party Sites, the User does so at his/her own risk.

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8 . "Trademarks"

The Network’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in Malaysia and/or other countries.

All other trademarks not owned by the Company that appear on the Network are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

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9 . "Copyright"

All contents included on the Network, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of the Company and/or its content suppliers and protected by all applicable copyright laws.

The compilation of all contents on the Network are the exclusive property of the Company and protected by all applicable copyright laws.

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10 . "Electronic Communications"

To the full extent allowed by applicable law, in no event shall the Company, affiliates, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:-

1 . any loss of goodwill or reputation; or

2 . any punitive, incidental or consequential damages and/or losses arising out of, arising/resulting from or related to this Agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

3 . any liability at common law; or

4 . any bugs, viruses, trojan horses, attack, interference, hacking, or other security intrusion or the like which may be transmitted to or through the Network or by any third party; or

5 . any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence; or

6 . in any other way.

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11 . "Advertisements and Promotions"

The Company may run advertisements and promotions. By using the Network, the User agrees that the Company has the right to run such advertisements and promotions on the Network. The manner, mode and extent of advertising by the Company are subject to change.

The User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Network, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser.

The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Network.

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12 . "Indemnity"

The User at all times agrees and undertakes to fully indemnify, hold harmless and defend the Company, subsidiaries, associated companies, directors, officers, employees, servants, assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the Company directly or indirectly, due to, arising out of, resulting from or in relation to the User's breach of this Agreement (including the documents incorporated by reference), or arising out of the User's violation of any law or the rights of a third party.

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13 . "Governing Laws"

This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.

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14 . "Release"

In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the Company, its affiliates, subsidiaries, associated companies, directors, officers, employees, servants, agents to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.

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15 . "Entire Agreement"

The terms and conditions herein, the User Agreement and our Personal Data Protection Notice (collectively, the “Terms”) are the entire and exclusive agreement between the Company and the User regarding the Online Services (excluding any services for which the User have a separate agreement with the Company that is explicitly in addition or in place of the Terms), and the Terms supersede and replace any prior agreements between the Company and the User regarding the Online Services. Other than members of the group of companies of which Caregiver Asia (Malaysia) Sdn Bhd. is a member, no other person or company will be third party beneficiaries to the Terms.

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16 . "General Provisions"

1 . Any person who is not a party to this Agreement does not have any right to enforce any of the terms and conditions contained herein.

2 . Failure of the Company to act with respect to a breach by the User or others shall not constitute a waiver of its right to act with respect to subsequent or similar breaches. The Company does not guarantee that action will be taken against all breaches of the Agreement.

3 . If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

4 . Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.

5 . The User and the Company are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

6 . Words in the singular number shall include the plural and words in the plural number include the singular unless otherwise stated.

7 . The User agrees that this Agreement and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition.

8 . Words importing one gender shall include any other gender unless stated otherwise.

We may revise the Terms from time to time; the most current version can always be found at [Terms Link]. The Company recommends Users to review the Terms periodically to be aware of such modifications. By continuing to access or use the Network and its Online Services after those revisions / modifications become effective, Users agree to be bound by the revised Terms of this Agreement.

The following Sections survive any termination of the Agreement: Release, Use of Network Contents, Exclusion of Liabilities, Indemnity and Variation of the User Agreement


If you have any further comments or questions regarding our User Agreement, Privacy Policy or Payment Terms then please contact us at my.enquiry@caregiverasia.com. We’re here to help!

Privacy Policy

Caregiver Asia (Malaysia) Sdn Bhd (“Company”) respects the privacy of individuals with regard to personal data and is committed to protecting the privacy of its users, and strives to provide a safe, secure user experience. The Company places great importance and/or priority on data security and data protection. Protecting personal rights is integral to the Company’s corporate culture and built into the Company’s services and products. Hence, the Company continuously works to improve data security measures to protect you and your privacy. This privacy policy is formulated in accordance with the Personal Data Protection Act 2010 ("Act"), which describes how your information is collected, used, processed and your choices with respect to your Personal Data (“this Policy”). The following discloses the Company’s information gathering and dissemination practices for our network of websites (“Network”).

1 . Collection of Information

“Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, passport number, nationality, address, telephone number, fax number, bank details, credit card details, race, gender, date of birth, marital status, resident status, email address, your occupation, the industry in which you work in, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs (“Personal Data”).

The provision of your Personal Data is voluntary. However if you do not provide the Company with your Personal Data, the Company will not be able to process your Personal Data for the Purpose and Additional Purpose as outlined below.

If you are an agent, vendor, supplier, or independent contractor (“IC”), provision of your Personal Data is mandatory and failure to provide your Personal Data, may be a breach of laws or regulatory requirements, and may cause the Company to be unable to engage you to provide services or products or issue payments to you for products or services provided.

2 . Purpose of Processing Personal Data

1 . The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (“Purpose”):-

2 . If you are a Client for the services provided by the Company and/or such services envisaged under the Network:-

1 . to perform the Company’s obligations in respect of any contract entered into with you;

2 . to facilitate and/or provide you with any service you have requested as envisaged under the Network;

3 . to perform our services to you;

4 . to process your subscriptions or requests and to deliver and/or facilitate the services to you;

5 . to process your participation in any events, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions;

6 . to process, manage or verify your application for subscription with the Company and to provide you the benefits offered to subscribers;

7 . to validate your bookings and process payments relating to any products or services you have requested;

8 . to process cancellations and/or refunds for the services that have not been rendered to you, where applicable, subject to other specific terms and conditions for the services;

9 . to understand and analyses our sales as well as your needs and preferences to improve the Company’s services to you;

10 . to develop, enhance and provide products and services to meet your needs;

11 . to contact you for product or customer satisfaction surveys and market research; and

12 . for all other purposes ancillary to any of the purposes stated above.

3 . Where you are an agent, vendor, supplier, partner, contractor, IC:-

1 . for the purposes of engaging you to provide services or products;

2 . to facilitate or enable any checks as may be required by the Company in order to engage you;

3 . to process payments relating to any products or services rendered by you; and

4 . to monitor the services or products rendered by you; and

5 . to contact you.

4 . The Company may also use and process your Personal Data for some additional purposes (“Additional Purpose”):-

1 . to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, suppliers, vendors, sponsors or advertisers;

2 . to notify and invite you to events or activities organized by the Company, its partners, suppliers, vendors, sponsors or advertisers;

3 . to process your registration to participate in or attend an event or activity and to communicate with you regarding your attendance at the event or activity;

4 . to share your Personal Data amongst its subsidiaries, associate companies and jointly controlled entities as well as with its agent, vendor, supplier, partner, contractor or service provider who may communicate with you to market their products, services, events or promotions.

5 . by way of post, telephone call, short message service (SMS), Whatsapp, Facebook messenger and/or any social media messaging applications, by hand and/or by email.

5 . Other general purposes:-

1 . to respond to questions, comments and feedback from you;

2 . to communicate with you for any of the purposes listed in this Policy;

3 . for internal administrative purposes, such as auditing, data analysis, database records;

4 . for purposes of detection, prevention and prosecution of crime; and

5 . for the Company to comply with its obligations under law;

3 . Revocation of Consent

If you wish to revoke the consent that the Company has obtained from you for the Purposes or Additional Purposes stipulated herein, please notify the Company using the contact details stated below.

4 . Use and Disclosure to Third Party

1 . Your personal data may be transferred, accessed or disclosed to third parties for the Purposes and Additional Purposes listed above. You acknowledge that the IC shall perform the service to you and consequently the Company shall provide access or disclose your Personal Data to such IC and/or third parties. The third parties include, without limitation:

1 . the ICs that are assigned by the Company to perform services to you;

2 . the Company’s partners, which include parties with whom the Company collaborates with for certain services, products, events, programs and activities;

3 . event management companies and event sponsors;

4 . marketing research companies;

5 . other service providers, including, information technology (IT) service providers for infrastructure, software and development work;

6 . professional advisors and external auditors, including legal advisors, financial advisors and consultants;

7 . other entities within the Company; and

8 . governmental authorities to comply with statutory, regulatory and governmental requirements.

2 . Your Personal Data may also be shared in connection with a corporate transaction, such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up.

5 . Accessing, Limiting, Correcting and Updating Your Personal Data

Subject to any exceptions under applicable laws of Malaysia, you may request for access to and/or request correction of your Personal Data, request to limit the processing of your Personal Data for the Additional Purposes and/or make any inquiries regarding your Personal Data by contacting:

Caregiver Asia (Malaysia) Sdn Bhd

16-G, Jalan PJU 8/3A

Damansara Perdana

47820 Petaling Jaya

SELANGOR DARUL EHSAN

my.enquiry@caregiverasia.com

Subject to any laws of Malaysia, the Company reserves the right to impose a fee for access of your Personal Data in the amounts as permitted therein.

In respect of your right to access and/or correct your Personal Data, the Company has the right to refuse the your requests to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where the expense of providing access to you is proportionate to the risks to your or another person’s privacy.

6 . Links to Third Party Website

The Network may occasionally contain links to third parties’ websites. Please note that Company is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and the Company is not responsible for the information processing practices or privacy policies of such sites. We may ask for proof of identity before providing you with any information requested and reserve the right to refuse to provide information if identity is not established to our satisfaction.

7 . Retention of Personal Data

1 . We will not retain your personal data longer than necessary for the fulfilment of the Purpose or Additional Purpose contained herein. However, relevant Personal Data may be retained subject to the conditions below:

1 . as and when required under any applicable laws or legislation of Malaysia;

2 . where legal actions have arisen and are pending; and

3 . for commercial and/or operational purpose of the Company.