Term of Use Teman Malaysia

IMPORTANT – By using the Service (as defined below), you are deemed to have read, understood, accepted, and agreed with the Terms of Use and the representations made by yourself below. If you do not agree or do not wish to continue using the Service, please do not continue using the Website, Application, Software, or Service (as defined below).

 

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you and TEMAN MY VENTURES PLT (Company No.:LLP0025510-LGN) with its registered address at Level 1 & 2, Tower 3, Avenue 7 Horizon 2 Bangsar South City, Bangsar South, 59200 Kuala Lumpur (the “Company”). 

 

In order to use the Service, you must agree to the Terms of Use that are set out below and the Company’s operational policy as set out on the “Frequently Asked Questions” page. By using the online platform (the “Website”), mobile application supplied to you by the Company (the “Application”), and downloading, installing, or using any associated software or communication channels supplied by the Company (the “Software”) which overall purpose is to:

 

(i) enable persons seeking caring companion services to be matched with independent third party care companion freelancer ( care companion freelancer also referred to as “Temanion” in the “Frequently Asked Questions” page) 

(ii) facilitate the collection and release of payments between persons seeking the care companion services and the Temanion; 

(iii) facilitate the contact between persons seeking the Care Companion services and the Temanion; and 

(iv) any other ancillary or related services  ( collectively the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use as published from time to time at https://www.temanmalaysia.com or through the Application.

 

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations, and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at https://www.temanmalaysia.com. You agree that it shall be your responsibility to review the Terms of Use regularly and the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

 

The Company is a technology company that does not provide elderly care services and the Company is not itself an elderly care companion service provider. The Company acts solely as an online platform for you to connect with the Temanion for the purposes of seeking the Care Companion services. It is up to the Temanion to offer their services to you and it is up to you to accept such services. The service of the Company is to match you with such Temanion, but does not nor is it intended to provide elderly care services or any act that can be construed in any way as an act of an elderly care provider. The Company is not responsible nor liable for the acts and/or omissions of any Temanion and/or any of the care companion services provided to you.

 

1.0 Representations and Warranties

 

1.1 By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority, and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use, and third-party. You undertake not to 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. When using the Service, you agree to comply with all applicable laws and/or by-laws of Malaysia and any state and city in which you are present while using the Service.

1.2 You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Website, Application and/or the Software with an incompatible or unauthorized device, or for purposes other than which the Website, Software, and/or the Application is intended to be used. The company is also not responsible for any deals or services obtained not via a formal company platform.

1.3 By using the Website, Software or the Application, and any communication channels associated with the platform you agree that:

 

    • You will only use the Service for lawful purposes;
    • You will only use the Service for the purpose for which it is intended to be used;
    • You will not use the Website, Software, and/or Application for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use the Website, Software, and/or Application to cause nuisance, annoyance,
    • inconvenience or make fake bookings;
    • You will not use the Service, the Website, the Application, and/or the Software for purposes other than obtaining the Service;
    • You shall not contact the Temanion for purposes other than the Service;
    • You will not impair the proper operation of the network;
    • You shall not intentionally or unintentionally cause or attempt to cause damage to the Temanion;
    • You will not try to harm the Service, the Website, the Application, and/or the Software in any way whatsoever;
    • You will not copy, or distribute the Website, the Application, the Software, and/or other content without written permission from the Company;
    • You will only use the Website, the Software and/or the Application for your own use and will not resell it to any third party;
    • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
    • You will provide the Company with proof of identity as it may reasonably request or require;
    • You acknowledge and agree that only one (1) account can be registered on one device;
    • You agree to 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 this Agreement. You agree that the Company 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, the Company has the right but not the obligation to terminate this Agreement and your use of the Service, or refuse you the performance of the care companion service booked via the Service at any time;
    • You will only use an access point or data account which you are authorized to use;
    • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
    • You are aware that when requesting the care companion services by use of the Service, standard telecommunications charges will apply;
    • You shall not impair or circumvent the proper operation of the network which the Service operates on;
    • You agree that the Service is provided on a reasonable best effort basis; and
    • You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.
    • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Temanion, and/or the Company as a result of any breach of the Terms of Use.

 

2.0 Payment

 

2.1 You may choose to pay for the care companion services by online banking, credit card, and or debit card (“Card”) at the payment platform made available by the Company. The Company is authorized by the Temanion to collect payment for the care companion services on their behalf and you shall not make any payment for the care companion services to the Temanion directly.

2.2 In the event that you choose to pay for the care companion services by Card, you will need to register a valid Card that belongs to you in accordance with the instructions within the Application.

2.3 If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the care companion services.

2.4 You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

2.5 You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.

    • In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.

2.6 All payments must be made upon confirmation of booking and before the Temanion performs the care companion service. You are required to make payment in full and/or pay a 1-hour deposit before 24-hours of care companion service. Your payment will be deducted automatically and is refundable based on our refund policy. (Refer to 3. Refund Policy)

2.7 Any remaining balance of payment and/or hours will be carried forward for the next services. If you have any complaints in relation to the care companion service provided, then that dispute must be taken up with the Company directly.

2.8 The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in the transaction that results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

2.9 You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

2.10  You shall be responsible to resolve any disputes with your Card company on your own.

 

3.0  Refund Policy

 

3.1 Any cancellation shall be made one week prior to the service, the Company will refund 80% of the amount paid due to the cost that has been incurred by the Company.

3.2 The refund process will take approximately 10 to 14 working days to complete.

3.3 Company reserves the right to cancel a transaction in order to comply with the credit card industry regulations, payment processor and banking and FPX ruling, or the need to comply with legal requirements, intellectual property rights, court orders, and law enforcement agencies.

3.4 In addition, the Company may cancel transactions it reasonably considers to be potentially fraudulent, unlawful, or in breach of Company prohibited items and Terms of use of services or privacy policy.

 

4.0 Taxes

 

4.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges, and/or costs, however, denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company 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 supplied under this Agreement.

 

5.0 License Grant & Restrictions

 

5.1 The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

5.2 You shall not:

(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any other party the Website, the Application and/or the Software in any way; 

(ii) modify or make derivative works based on the Website, the Application and/or the Software; 

(iii) create internet “links” to the Website and/or Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; 

(iv) reverse engineer or access the Software in order to:

(a) build a competitive product or service, 

(b) build a product using similar ideas, features, functions, or graphics of the Website, the Application and/or the Software, or 

(c) copy any ideas, features, functions, or graphics of the Website, the Application and/or the Software, 

(v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website, the Application and/or the Software, 

(vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; 

(vii) 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, 

(viii) remove any copyright, trademark, or other proprietary rights notices contained in the Service.

5.3 You may use the Website, the Software, and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: 

(i) send spam or otherwise duplicative or unsolicited messages; 

(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of independent privacy rights; 

(iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents, or programs; 

(iv) interfere with or disrupt the integrity or performance of the Website, the Software and/or the Application or the data contained therein; 

(v) attempt to gain unauthorized access to the Website, the Software and/or the Application or its related systems or networks; or 

(vi) Impersonate any person or entity or otherwise, misrepresent your affiliation with a person or entity 

(vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

 

6.0 Intellectual Property Ownership

 

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

 

7.0 Confidentiality

 

7.1 You shall maintain in confidence all information and data relating to the Company, 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 the Company (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 the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.

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

    • was at the time of receipt already in your possession
    • is, or becomes in the future, public knowledge through no fault or omission of you;
    • was received from a third-party having the right to disclose it; or
    • is required to be disclosed by law.

 

8.0 Personal Data Protection

 

8.1 You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

8.2 For the purposes of this Agreement, “Personal Data” means information about you, your partner, parents, relatives, and mutuals from which you and they are identifiable, including but not limited to the name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you, your partner and child(ren) which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you, your partner, parents, relatives, and mutuals that have 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.

8.3 The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

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

    • To perform the Company’s obligations in respect of any contract entered with you;
    • To provide you with any services pursuant to the Terms of Use herein;
    • To process your participation in any events, promotions, activities, focus groups, research, studies, contests, promotions, polls, surveys, or any productions and to communicate with you regarding your attendance thereto;
    • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    • To validate and/or process payments pursuant to the Terms of Use herein;
    • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    • To process any refunds, rebates, and or charges pursuant to the Terms of Use herein;
    • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    • To respond to questions, comments, and feedback from you;
    • To communicate with you for any of the purposes listed herein;
    • For internal administrative purposes, such as auditing, data analysis, database records;
    • For purposes of detection, prevention, and prosecution of crime;
    • For the Company to comply with its obligations under law;
    • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors; and/or
    • To notify and invite you to events or activities organized by the Company, its partners, advertisers, and or sponsors.

8.5 The Company may share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies, and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, independent service providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any of the Purpose mentioned above.

8.6 If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Website, the Application, and/or the Software. 

8.7 You are entitled to request access to your Personal Data or to refuse or limit the Company’s processing of your Personal Data. If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application. The Company reserves the right to charge a reasonable fee to process your request. The Company may refuse your request to access or change your Personal Data for reasons permitted under the Personal Data Protection Act 2010.

8.8 The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of the change.

8.9 By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

 

9.0 Independent Interactions

 

9.1 During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of independent providers, advertisers, or sponsors showing their goods and/or services through the Service, the Website, the Software, and/or the Application. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. 

9.2 The Company and its licensors shall have no liability, obligation, or responsibility for any such correspondence, purchase, transaction, or promotion between you and any such third-party. The Group does not endorse any applications or sites on the Internet that are linked through the Service, the Website, the Application, and/or the Software, and in no event, shall the Company, its licensors, or the Group be responsible for any content, products, services or other materials on or available from such sites or independent providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain independent providers of elderly care, goods, and/or services may require your agreement to additional or different terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the independent providers.

9.3 The Company may rely on independent advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://www.temanmalaysia.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any independent elderly care provider, other independent providers, advertisers, and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

 

10.0 Indemnification

 

10.1 By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors, and each such party’s parent organizations, subsidiaries, 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 Website, the Software, and/or the Application in your dealings with the Temanion, partners, advertisers and/or sponsors, or 

(b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or

(c) your violation of any third party rights, including but not limited to property and/or privacy rights, or 

(d) your use or misuse of the Service, 

(e) your use or misuse of the care companion services offered by the Temanion, or 

(f) your use or misuse of offers or discounts, including if you commit any fraud or misrepresent any information supplied.

 

11.0 Disclaimer of Warranties

 

11.1 The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Service, the Website, the Application, the Software, the Temanion, and/or any care companion service provided by the Temanion. The Company does not represent or warrant that:

 

(a) the use of the Service, the Website, the Application, and/or the Software will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data, 

(b) the Temanion will meet your requirements or expectations, 

(c) any stored data will be accurate or reliable, 

(d) the quality of any products, services (including the care companion services), and information provided by the Temanion or other materials purchased or obtained by you through the Application will meet your requirements or expectations, 

(e) errors or defects in the Website, the Application and/or the Software will be corrected, or 

(f) the application or the server(s) that make the Application available are free of viruses or other harmful components, or 

(g) the Application and/or the Software tracks you or the Temanion. The Services are provided to you strictly on an “as is” basis.

11.2 You acknowledge and agree that the entire risk arising out of your use of the Service, and any independent services, including but not limited to the care companion service provided by the Temanion, or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the Company. 

 

12.0 Internet Delays

 

12.1 The Service, the Website, the 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 Temanion being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

 

13.0 Limitation of Liability

 

13.1 The Company shall not be liable for any injury to any person or loss of life or property or delay of the service for any reason which may include but not limited to an act of God including but not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable traffic conditions, seizure under legal process, national or local disruptions to air, ground or water transportation networks or breakdown in communication or information systems.

13.2 The Company provides no warranty, assurance, or promise that its technology, applications, or customer service will work as intended on your phone, computer, tablet, or other devices.

13.3 The Company does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the delivery services, application, or the Temanion.

13.4 The Company is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to your mobile device or any applications stored therein as a result of the installation or use of the application.

13.5 To the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, and agents are liable for any losses or damages, including but not limited to any injury to any persons, any damage or loss to property owned by or in your possession, or any indirect loss and damage, resulting from the care companion ’ services, matters relating to the Temanion, or the use of the Service by you as a user.

 

14.0 Notice

 

14.1 The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. 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 the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application. 

 

15.0 Assignment

 

15.1 This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void. 

 

16.0 General

 

16.1 This Agreement 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 the Terms of Use or the Service shall be referred to the exclusive jurisdiction of the courts of Malaysia.

16.2 No joint venture, partnership, employment, or agency relationship exists between you, the Company, or any Temanion as a result of the Terms of Use or use of the Service.

16.3 If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

16.4 The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

16.5 You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring the care companion services from the Temanion under this Agreement.

 

 

22 January 2021

Teman My Ventures PLT