HEALTHMETRICS TERMS OF USE
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING AND USING OR ACCESSING THIS PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS TERMS OF USE. HEALTHMETRICS (AND/OR ITS AFFILIATES, COLLECTIVELY OR INDIVIDUALLY, THE "COMPANY", "WE", “OUR”, OR "US") RESERVES THE RIGHTS TO MAKE CHANGES, VARIATION, MODIFICATION, REVIEW, ADDITION, AMENDMENT TO THIS TERMS OF USE AS PUBLISHED FROM TIME TO TIME THROUGH THE PLATFORM. SUCH MODIFICATIONS, VARIATIONS OR CHANGES TO THE TERMS OF USE SHALL BE EFFECTIVE UPON THE POSTING OF AN UPDATED VERSION ON PLATFORM. IT SHALL BE YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE REGULARLY OF WHICH YOUR CONTINUED USE OF THE SERVICE AND PLATFORM AFTER ANY SUCH CHANGES CONSTITUTES YOUR CONSENT AND ACCEPTANCE TO SUCH NEW TERMS OF USE.
IN ADDITION TO THE ABOVE - KINDLY REVIEW HEALTHMETRICS’ PRIVACY POLICY AT https://healthmetrics.com/privacy (“PRIVACY POLICY”). BY DOWNLOADING, INSTALLING AND USING OUR MOBILE APPLICATION AND/OR ACCESSING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS TERMS OF USE, THE PRIVACY POLICY, AND THAT YOU HAVE AGREED AND CONSENTED TO THE COLLECTION, USE, DISCLOSURE, STORAGE, TRANSFER AND/OR PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED AND UNDER THE TERMS OF THE PRIVACY POLICY.
We will not able to proceed with your registration, creation of Account and permit your usage/enjoyment of the Platform and Service without your acceptance of the same.
1. DEFINITIONS
means your account registered in accordance with this Terms of Use and maintained with HealthMetrics through the Platform;
means the charges, fees, expenses and costs incurred by the Users in relation to their healthcare treatment and services:
(a) rendered by the Appointed Healthcare Provider and submitted by the same to the Subscriber via the Platform on your behalf
(b) rendered by the non-Appointed Healthcare Provider and submitted by the User to the Subscriber via the Platform (if applicable);
means HealthMetrics Sdn Bhd. [Registration No. 201501045173 (1170495-P)], HealthMetrics Singapore Pte. Ltd. (UEN 202114319K) and/or PT AA International Indonesia, as the case may be;
Means any individual who is identified from the User and/or those who entitled to the healthcare benefits under the relevant Scheme as determined by the Subscriber at the material time;
means any third-party individual, entity and/or institution who provides healthcare treatment and services to Users, including not limited to general practitioners, dental, optical service providers and specialists; whereas “Appointed Healthcare Providers” mean those Healthcare Provider which have been appointed, selected and authorised by the Subscriber under the Scheme;
means the HealthMetrics user mobile application or web software application (https://portal.healthmetrics.com) developed, deployed and operated by the Company from time to time, which may be in the form of mobile application (whether platform specific) and/or website application;
means such set of healthcare benefit programme made available by the Subscriber to the Users and Dependent (if applicable) based on the terms and conditions, limitation, exclusion, benefit, right and obligation as may be determined and modified by the Subscriber from time to time;
means all the services provided to the Subscriber and you (being identified by the Subscriber as a party entitled under the Scheme) in relation to the Scheme through thePlatform, until and unless expired or otherwise terminated by the Company or the Subscriber;
means the corporate client who: (a) subscribed to the Company’s platform and Service (which allows the Subscriber to, among others, automate its management of the Scheme, such as processing of Claims and payment(s) to Appointed Healthcare Providers online); and (b) determined that you are a party entitled under the Scheme;
means the user(s) of this Platform and includes you; and
means the registered account holder of the Platform
2. REGISTRATION OF ACCOUNT & SECURITY
You are required to register for an Account by selecting a unique user identification ("User ID") and password by providing certain information (if required). The Company has the right to suspend or terminate your Account in its sole discretion if it finds that the User ID you selected is offensive or inappropriate
You agree to: (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your Account at the end of each session on the Platform, (c) immediately notify the Company of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your information you provided herein is accurate. You are fully responsible for all activities that occur under your User ID and Account notwithstanding such activities or uses were not committed by you. The Company will not be liable for any direct or indirect loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
You agree that the Company may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately suspend and/or terminate your Account and your User ID and/or take any other actions that it deems necessary. Common grounds for such actions may include but is not limited to, (a) instruction from the Subscriber; (b) violation of this Terms of Use, (c) decisive, illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour; (d) behaviour that is harmful to other Users, Subscriber, third parties, or the business interests of the Company. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, the Company may suspend and/or terminate your Account immediately with or without notice.
You agree and consent to the fact that the Company may access, preserve and disclose your Account information and content to the Subscriber, as well as to disclose the same if required to do so (a) by law; or (b) pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over the Company; or (c) in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Terms of Use; (iii) respond to your requests; or (d) protect the rights, property or personal safety of the Company, Users, Healthcare Provider and/or public.
3. GRANT OF RIGHTS AND COPYRIGHTS
The Company grants you a royalty-free, limited, non-exclusive, revocable, non-transferable, non-assignable, non-licensable right to access and use the Platform subject to the terms and conditions of this Terms of Use. All intellectual property rights in relation to the Platform shall remain with the Company and / or the Company’s licensors.
The Platform is subject to copyright protection. Save for non-commercial individual reference, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of the Company.
4. DISCLAIMERS
The Platform and Service are provided "as is" and the Company does not warrant: (a) that the Service, Platform or the functions herein will at all times, be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free; (b) that defects (if any) will be corrected; (c) this Platform and/or the server are free ofviruses, clocks, timers, counters, worms, software locks, drop dead devices, or any other harmful codes, programs or components; (d) the accuracy, completeness, currentness, likely results, or reliability of the information on the Platform or otherwise relating to such materials.
Whilst the Company endeavours to make the Platform and/or Service available 24 hours a day, the Company shall not be liable if for any reason the Platform and/or Service are unavailable for any time or for any period. You acknowledge that: (a) the entire risk arising out of the use or performance of the Platform and/or the Services remains with you to the maximum extent permitted by applicable law; (b) the Company’s obligation to provide you with the Platform and Service (if any) shall at all times be conditional upon your compliance with and adherence to this Terms of Use.
5. LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, the Company shall not have any liability (directly or indirectly) in relation to your use, inability to use, misuse or delay in use of the Service and Platform or any material in it or accessible from it or from any action or decision taken as a result of using the Service and Platform or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or the Company had been advised of the possibility of you incurring such losses.
You acknowledge and agree that in the event of any problems or dissatisfaction with the Service and Platform which the Company is unable to reasonably address, you may request for termination of your Account and/or discontinue any use of the Services and Platform.
6. REPRESENTATIONS AND WARRANTIES
6.1 You acknowledge, represent and warrant that:
you possess the legal capacity, right and ability to enter into this Terms of Use and to comply with the same. In the event you are a minor, you have obtained the consent of your parent or legal guardian for your entry of this Terms of Use and that he is agreeable to take responsibility for your actions. You expressly acknowledge and understand that: (i) your failure to procure or the absence of such consent is deemed as fraudulent misrepresentation; and (ii) you understand that the Platform and Service is not available to persons who are minors without consent aforesaid or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship;
You acknowledge and agree that in the event of any problems or dissatisfaction with the Service and Platform which the Company is unable to reasonably address, you may request for termination of your Account and/or discontinue any use of the Services and Platform.
you are the beneficial owner of the Account and uses the same only on behalf of yourself and/or the Dependent (if applicable) only;
all the Claim made herein are genuine (if applicable);
any and all information provided through the Platform that sourced from the Subscriber, the Healthcare Provider and/or publicly available information and is provided on a best effort basis only and that the Company shall not be held liable for any inaccuracies of the same unless the Company is found to have acted fraudulently;
you shall not cause nuisance, annoyance, inconvenience (to be determined in the sole opinion of the Company);
you shall not take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, manipulate, disrupt or impair the servers or networks connected to the Platform, Services or any other User's use and enjoyment, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
you shall not decompile, reverse engineer, disassemble or hack the Platform (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by the Company and/or data transmitted, processed or stored by the Company;
you shall keep secure and confidential your Account password or any identification the Subscriber/Company provide you which allows access to the Platform;
you shall not use the Services to impersonate any person or entity, or otherwise misrepresent the Subscriber with another person or entity;
you shall not use the Platform for benefit of any third party (other than Dependent, if applicable) or any manner not permitted/granted herein or for fraudulent purposes;
you shall provide to the Company with whatever proof of identity as the Company may reasonably request or require;
you shall not defraud the Company and the Subscriber or enrich yourself, through any means, whether fraudulent or otherwise;
you shall not use the Platform, Services to intentionally or unintentionally in violation of the Scheme, any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
you shall not infringe the rights of the Company, including any intellectual property rights and any passing off of the same thereof;
your violations of this Terms of Use may result in the following consequence, including but not limited to: (a) limits placed on Account; (b) facilities and/or privileges enjoyed in relation to the Platform and Service being limited/suspended/terminated; (b) Account suspension and/or subsequent termination; (c) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief; and/or (d) termination of this Terms of Use;
the healthcare treatment and services are provided by Healthcare Providers to you and/or your Dependent and hence is subject to the terms, conditions, charges, fees and/or rates as determined by the Healthcare Providers. The Company does not warrant the quality of any service, product, information, advice or other consultation you and/or your Dependent obtained from Healthcare Providers will meet your expectations; and
the Company relies solely on the information and details provided by you, the Subscriber and/or the Healthcare Provider, the Company holds no responsibility and liability for any expense, loss or damage that may suffer arising from any inaccurate or false statement of misrepresentation of facts / information based on information above-mentioned.
7. INDEMNITY & LIABILITY
You agree to indemnify, defend and hold the Company harmless, and the Company’s shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, other partners, employees and licensors from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses including but not limited, incurred arising out of or relating to: (a) the hosting, operation, management and/or administration of the Platform, Services by or on behalf of the Company, (b) your violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, (c) your use or misuse of the Platform and/or Services, or (d) your breach of any law or any rights of a third party.
In the event there is any outstanding payment owing by the Subscriber to the Company and upon the Company having reasonably exhausted of all its available rights and remedies against the Subscriber, the Company shall be entitled to seek compensation, remuneration or reimbursement from or have recourse against you for any Claim submitted by or incurred by you that remains outstanding.
In the event you and/or your Dependent (if applicable)’s usage/utilisation of the benefit has exceeded the entitlement which you and your Dependent are entitled to under the Scheme (as reflected on the Platform at the material time), you and/or your Dependent shall be responsible and liable to pay for the charges, fees, expenses and costs incurred by you and/or your Dependent in relation to the healthcare treatment and services rendered by the Healthcare Provider (whether upon the request of the Healthcare Provider or otherwise) which so exceeds your entitlement.
8. GENERAL
Dispute. In the event of any dispute arising out your use of the Platform between the parties, the parties shall resolve the same in accordance with the procedures specified below:
(a) Negotiation and Settlement: The parties shall attempt in good faith to resolve the dispute promptly by negotiation. If the matter has not been resolved within one hundred twenty (120) days after the occurrence of the matter, either party shall resolve the dispute in accordance with the provisions (b) and (c) below.
(b) Mediation: The mediation shall take place:
(i) Malaysia: at Asian International Arbitration Centre (“AIAC”) in accordance with the AIAC Mediation Rules as at present in force;
(ii) Singapore: at the Singapore Mediation Centre (“SMC”) in accordance with the SMC’s Mediation Procedure in force for the time;
(iii) Indonesia: at the Indonesia International Arbitration Center (“INIAC”) in accordance with the INIAC’s Mediation Procedure in force for the time.
(c) Arbitration: In the event parties could not reach any amicable settlement in the course of mediation, the parties shall then refer the dispute to and the same shall be settled by arbitration administered by:
(i) Malaysia: AIAC in accordance with the Arbitration Rules of the AIAC as in force from time to time, which are deemed to be incorporated by reference to this Agreement. The seat of the arbitration shall be Malaysia. The arbitral tribunal shall comprise one (1) arbitrator. The language of the arbitration shall be English. Any award made pursuant to such arbitration shall be final and binding on the parties and judgment may be entered in any court or tribunal having jurisdiction thereof
(ii) Singapore: Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC as in force from time to time, which are deemed to be incorporated by reference to this Agreement. The seat of the arbitration shall be Singapore. The arbitral tribunal shall comprise one (1) arbitrator. The language of the arbitration shall be English. Any award made pursuant to such arbitration shall be final and binding on the parties and judgment may be entered in any court or tribunal having jurisdiction thereof.
(iii) Indonesia: INIAC in accordance with the Arbitration Rules of the INIAC as in force from time to time, which are deemed to be incorporated by reference to this Agreement. The seat of the arbitration shall be Indonesia. The arbitral tribunal shall comprise one (1) arbitrator. The language of the arbitration shall be English. Any award made pursuant to such arbitration shall be final and binding on the parties and judgment may be entered in any court or tribunal having jurisdiction thereof.
Governing Law. This Terms of Use shall be governed by Malaysian, Singapore, and Indonesian laws, as the case may be. For the avoidance of doubt, the governing law of this Terms of Use shall be according to the geographical location of the User using the Platform.
Severability. If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
Assignment. You shall not assign any rights contemplated herein without the Company’s prior consent. The Company may assign or dispose of any or all of its rights or obligations under this Terms of Use at any time by notice in writing to you, via the Platform or otherwise.
Relationship. Nothing in this Agreement shall be construed or deemed to create relationship of partnership, employer and employee, principal and agent, or any relationship.
No Waiver. The party’s failure/delay at any times to exercise its rights or to require the other’s performance of any of the provisions of this Agreement by the other party, shall not in any way operate as a waiver hereof.
Entire Agreement. The terms set forth in this Terms of Use and any agreements and policies included or referred to in this Terms of Use constitute the entire agreement constitute the complete and exclusive the agreement and supersede all prior or contemporaneous proposals, oral or written, and all other communications relating to the subject matter hereof.
Amendment. Unless expressly provided herein, any amendment, modification or alteration of any part of this Terms of Use shall be conferred upon and determined in writing by mutual consultation by the parties.
Time of Essence. Time wherever mentioned herein shall be deemed to be of the essence.
Query and Contact. If you have any questions or concerns about this Terms of Use or any issues raised herein, please contacts us at:
Malaysia: +603 76616229 / support@healthmetrics.com
Singapore: +65 3135 1229 / sg-support@healthmetrics.com
Indonesia: +62 21 2927 9600 / marketing@acrossasiaassist.co.id