PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION. BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.
This end user licence agreement ("Agreement") is a legal agreement between you and EBidMotor SDN. BHD. ("us" or "we") governing
the use of the "EBidMotor" platform (the "Application"),
our services offered via the Application or otherwise by us and any other software provided by us
in connection with any of the foregoing (collectively, the "Services").
We license use of the Application to you on the basis of this Agreement. We do not sell the Application to you and we remain the owners of the Application at all times.
IMPORTANT NOTICE TO ALL USERS:
- THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN PARAHGRAPH 6 AND AN INDEMNITY IN PARAGRAPH 8.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF THE APPLICATION TO YOU AND YOU MUST NOT USE OUR APPLICATION.
You should print a copy of this Agreement for future reference.
The provisions set out in this Agreement govern your access to and your use of the Application and shall constitute a legally binding agreement between you and us.
We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use the Application.
Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive, non-transferable licence to use the Application on the terms of this Agreement.
By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using the Application, you confirm that:
- you have read the terms set out in this Agreement and agree to be bound by and comply with them; and
- you are of the age of majority, and have the legal capacity and are legally entitled to enter into this Agreement and to use the Services.
You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Application (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Application or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.
We reserve the right to change, modify, suspend or discontinue any portion of the Services, Application or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
- Our Acceptable Use Policy (see Schedule 2) sets out the permitted uses and prohibited uses of our Application. When using our Application, you must comply with this Acceptable Use Policy.
We do not provide any healthcare, medical or nursing services and are only:
- providing a platform where users can hire qualified healthcare professionals and trained care aides, and where qualified healthcare professionals and trained care aides can apply to provide their services to users through the Application;
- facilitating access to selected caregiving related services offered by qualified healthcare professionals and trained care aides;
- providing a platform where users can update and store their personal information relating to medical appointments, medical records and history; and
- providing a platform where users can share and upload information, articles, content and materials on topics such as health, nutrition and care.
Accordingly, we are not responsible or liable for any decision or selection made by you in relation to the hiring of qualified healthcare professionals and trained care aides or the content posted on our Application by users. You are advised to verify and check the credentials, reliability and suitability of the qualified healthcare professionals and trained care aides and the content posted on our Application for your purposes.
We shall keep record of all details of your account, including any content or requests made through our Application. Such a record shall constitute final and conclusive evidence of the Services we provide to you under this Agreement.
You agree not to circumvent, attempt to circumvent, avoid or bypass us, the use of our Application and hire the services of any qualified healthcare professionals and trained care aides listed on our Application directly. We reserve the right to terminate this Agreement and our relationship with you without prior notice, at any time, if found to have breach this clause.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
- not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, the Application or any of the contents therein for any commercial or other purposes;
- not to make alterations to, or modifications of, the whole or any part of the Application, nor permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Application or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
- to include our copyright notice on all entire and partial copies you make of the Application on any medium;
- not to provide or otherwise make available the Application in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person; and
- to comply with all applicable technology control or export laws and regulations.
3. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Application anywhere in the world belong to us, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application other than the right to use them in accordance with the terms of this Agreement.
You acknowledge that you have no right to have access to the Application in source code form.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Application must always be acknowledged.
You must not use any part of the content on our Application for commercial purposes without obtaining a licence to do so from us or our licensors.
4. UPLOADING CONTENT TO OUR APPLICATION
Whenever you make use of a feature that allows you to upload content to our Application, you must comply with the content standards set out in our Acceptable Use Policy. We have the right to remove any posting you make on our Application if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Application complies with our Acceptable Use Policy and the PDPA. You also irrevocably and unconditionally agree and undertake that you will be liable for and indemnify us against any all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us as a result of a breach of your representation, warranty and/or indemnity.
We will only use the content uploaded by you for the purposes of carrying out the Services, and for the purposes of carrying out our obligations in this Agreement. We will not disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Application constitutes a violation of their rights under Singapore law.
We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Application.
While we make all efforts to maintain the accuracy of the information on the Application, we provide the Services, Application and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the "Related Content") on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Application is at your sole risk.
To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Application, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
6. LIMITATION OF LIABILITY
We only supply the Application for domestic and private use. You agree not to use the Services, the Application and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, the Application or any other website or software) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Nothing in this Agreement shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; and/or;
- any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
We are not responsible for, and you agree to hold us harmless from and against, the actions or omissions of any third party independent service providers. If an emergency or urgent medical situation arises in your case, you are advised to immediately contact the relevant medical institutions for emergency medical care.
This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Application. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Application which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
All requests for the provision of the Services shall be communicated through the Application, or by means as we deem fit.
7. ONLINE PAYMENT
When making payment for any of our Services on our Application, you may be re-directed via a secure connection to the payment gateway used by us (the "Payment Gateway"). You agree to be bound by the additional terms of service applicable to the Payment Gateway. The use of the Payment Gateway is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable before using the Payment Gateway.
We do not provide any warranties with respect to the Payment Gateway. You acknowledge that we have no control over the Payment Gateway, and shall not be responsible or liable to anyone for their use of the Payment Gateway. The availability of the Payment Gateway, or the integration or enabling of the Payment Gateway with our site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us. We do not guarantee the availability of the Payment Gateway and you acknowledge that we may disable access to the Payment Gateway at any time in our sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of the Payment Gateway.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages that result from your use of the Payment Gateway. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, arising out of your use of the Payment Gateway.
You may also purchase stored credits stored with your account through the Application which can be used to pay for the Services, or by other means as we may designate from time to time.
We reserve the right to terminate this Agreement and our relationship with you without prior notice, at any time.
You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Application, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.
10. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.
You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
No partnership or agency or employment relationship has arisen by reason of this Agreement.
This Agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this Agreement or any document expressly referred to in it.
If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Singapore law. We both irrevocably agree to the exclusive jurisdiction of the courts of Singapore.