Terms of Service

Terms of Service of AMHERE SDN. BHD.

IMPORTANT: DO NOT USE OUR SERVICES OR THE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 999 (MALAYSIA) OR 995 (SINGAPORE) OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

AMHERE SDN. BHD., all its other sub-domain websites, subsidiaries, affiliated companies, predecessors, successors, licensors, beneficiaries, agents, employees, and representatives (collectively, “AMHERE”, “us”, “our” or “we”), operates the website located at https://www.amhere.io/ (the “Site” or “Website”) and its subsidiary web and mobile application (the “Application”). The Application allows you to join a scheduled appointment by healthcare providers (the “Healthcare Providers” or “Healthcare Professionals”) who are independent third-party service providers for the Services. The download and use of the Application are governed by these terms or services (the “Agreement”). 

Please read through the Agreement carefully before downloading or using the Application. If you do not agree to the terms of this Agreement, please do not download or use the Application.  

Please also review the AMHERE Privacy Policy at https://www.amhere.io/legal/privacy-policy. It contains a description of our privacy practices and policies, including how we collect and handle your information. It is incorporated in and is a part of these Agreement. If you use the Site or Services, you are also accepting the Privacy Policy. For more information, you may contact AMHERE’s Customer Support at hello@amhere.io.  

Words denoting one gender shall include the other gender. Words denoting a singular number shall include the plural and vice versa.

1. GENERAL

1.1. By downloading and using the Application, you agree to be bound by this Agreement as posted on and accessible through the Application and our website. You also agree to be bound by any additional terms and conditions that are referenced herein or that otherwise may apply to the use of the Application.

1.2. AMHERE reserves the right to change or modify this Agreement at any time. In the event that we change or modify the terms and conditions of this Agreement, we will publish the revised Agreement on the Application and on our website with the date of last revision duly recorded. You agree to review the latest version of the Agreement each time you use the Application so that you are aware of any changes or modifications. By continuing to use the Application following the date of the latest revision, you agree to be bound by the revised Agreement.

2. ELIGIBILITY

2.1. To be eligible to register for a customer user account (“Account”) with us, you must:

2.1.1.  You must be 18 years of age or older to use the Application and the Services provided through the Application. You understand that there may be no Healthcare Provider in your area and we cannot guarantee that a Healthcare Provider will be available to provide Services in your area.

2.1.2.  If you are requesting paediatric Services for a minor, you must verify that you are the parent, guardian or other adult responsible for the minor. By using the Application and our Services you represent that you are at least 18 years of age or are the parent, guardian or other adult responsible for a minor.

2.1.3. You must notify us immediately of any change in your eligibility to use the Services including without limitation any changes to your medical condition or physical fitness.

3. PRIVACY

3.1. AMHERE is required to comply with national privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy here: https://www.amhere.io/legal/privacy-policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy.  

3.2. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services.  

3.3. AMHERE cannot ensure the security or confidentiality of messages sent by email. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and AMHERE.  

4. USER ACCOUNTS

4.1. When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by AMHERE (collectively “Account Information”). Upon successful registration, we will provide you with an Account, accessible to you with a password of your choice. Your Account enables you to access and use the Application on your web browser and/or mobile device in accordance with this Agreement.

4.2. You must not transfer or share your Account or password with anyone. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You must not at any time use the Account of any other person. You shall not allow a person under 18 years of age to receive the Services unless they are accompanied by you.

4.3. You agree that the Account Information that you provide to us at all times, including during registration and in any information, you upload to the Site, will be true, accurate, current, and complete.

4.4. You may not use anyone else’s account at any time. AMHERE reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall AMHERE be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party.  

5. ACCOUNT SECURITY

5.1. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. AMHERE will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared device or using unencrypted email to discuss private matters with any Healthcare Provider, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.

5.2. Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by AMHERE and the Healthcare Providers, in accordance with applicable law.

6. USING THE APPLICATION

6.1. By using the Services, you represent, warrant, agree and undertake that:

6.1.1.  you will comply with all applicable laws;

6.1.2.  you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to the Healthcare Provider or any other party; and

6.1.3. You agree that any complaint that you may have regarding the Services shall be taken up by you with the Healthcare Provider directly. You acknowledge and accept that the Application is a platform for access to Healthcare Providers and we are not responsible, whether directly or indirectly, for the Services you receive or for the acts or omissions of any Healthcare Provider you engage through the Application. You are solely responsible for any decision or selection made by you in relation to the Healthcare Provider or the Services. In the event of dispute between you and the Healthcare Provider, you release us from all claims, demands, and damages arising out of or in connection with such disputes.

7. TELEHEALTH SERVICES

7.1. Telehealth is the "delivery of health care services, where patients and providers are separated by distance. Telehealth uses ICT [information and communications technology] for the exchange of information for the diagnosis and treatment of diseases and injuries, research and evaluation, and for the continuing education of health professionals.” (World Health Organization, WHO, 2016). In light of the COVID-19 restrictions on in-clinic treatments, the use of telehealth will assist in ensuring that you are able to have your healthcare needs addressed in the most appropriate manner during this time period.

7.2. All the Healthcare Providers who deliver telehealth Services through AMHERE are independent professionals solely responsible for the services each provides to you. AMHERE does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AMHERE nor any third parties who promote the telemedicine Services shall be liable for any professional advice you obtain from a Healthcare Provider via the telehealth Services.  

7.3. WHILE WE HAVE MADE A CONCERTED EFFORT TO PROVIDE YOU WITH THE BEST POSSIBLE INFORMATION, THE TELEHEALTH SERVICES IS NOT A SUBSTITUTE FOR A VISIT WITH YOUR HEALTHCARE PROFESSIONAL, AND ANY RELIANCE UPON OR USE OF THIS INFORMATION BY YOU IS AT YOUR OWN INDEPENDENT DISCRETION AND RISK.

7.4. During your telehealth session with a Healthcare Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Healthcare Provider may perform a physical examination through these technologies.

7.5. The telehealth Services you receive from Healthcare Providers are not intended to replace an in-person centre-based assessment and treatment. You may form an ongoing treatment relationship with some Healthcare Providers. However, your initial visit with a Healthcare Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Healthcare Provider or when otherwise needed and continue your in-person centre-based treatment and other healthcare professionals as recommended.  

7.6. Among the BENEFITS of our telehealth Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential RISKS associated with the use of telehealth. These RISKS include, but may not be limited to:

7.6.1. In rare cases, information transmitted through internet and electronic devices may not be sufficient (e.g. poor resolution of images and/or poor audio quality) to allow for appropriate health care decision making by the Treating Provider.  

7.6.2. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.  

7.6.3. In rare cases, a lack of access to all your health records may result in judgment errors.

7.6.4. The Service and/or the Application may be subject to limitations, delays and other problems inherent in the use of the internet, including the device used by you or the Healthcare Providers being faulty, not connected, out of range, switched off or not functioning.

7.7. By accepting these Terms of Service, you acknowledge that you understand and agree with the following:  

7.7.1. You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.

7.7.2. You understand and have read AMHERE’s Privacy Policy, which can be found here: https://www.amhere.io/legal/privacy-policy  

7.7.3. Your Healthcare Provider may determine that the telehealth Services are not appropriate for some or all your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.

7.7.4. You can contact AMHERE Customer Support at hello@amhere.io. Emails or electronic messages to Customer Support or your Healthcare Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 999 (Malaysia) or 995 (Singapore) or go to the nearest emergency room.

8. FEES AND PAYMENT  

8.1. You agree that if you elect to cancel your appointment Services that have been scheduled by a Service Provider through the Application, there will be no refund and you are responsible to inform your Healthcare Provider as soon as reasonably practicable, or within a stated duration by the Healthcare Providers as required by their respective company policy, that you need to make a cancellation or you may opt to reschedule by liaising with your assigned Healthcare Provider. AMHERE and your Healthcare Provider has the right to termination of your service or impose a penalty if you fail to attend a pre-book appointment without an appropriate reason or uncontactable for multiple sessions.

8.2. You understand that you have the right to refuse to purchase any items or services recommended by your Healthcare Providers according to their clinical judgement within their scope of practice, and you are solely responsible to pay for any charges incur in if you agree to purchase the recommended items or services.

8.3. When charges and cancellation fee to the Service has been imposed, we will notify you through the contact that you have provided to us, publish the notification in our Site and update this Agreement. You will need to acknowledge the notification of payment before you can proceed with the Services. If you do not agree with the payment in this Agreement, please do not continue the Services.

8.4. You may choose to pay for the Services by bank transfer, or cash, or credit/debit card (“Card”) using Stripe. If you choose to pay for the Services by card using Stripe, you:

8.4.1. will need to register a valid Card which belongs to you in accordance with the instructions within the Application. If you register a Card, you agree that we may verify and authorise your Card details when you first register the Card with us and when you use the Application;

8.4.2. appoint us as your limited payment collection agent solely for the purpose of accepting the Charges and agree that payment made to us shall be considered the same as payment made directly by you to the Healthcare Provider.

8.4.3. acknowledge that Payment processing services for Healthcare Providers on AMHERE are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Healthcare Provider on AMHERE, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of AMHERE enabling payment processing services through Stripe, you agree to provide AMHERE accurate and complete information about you and your business, and you authorize AMHERE to share it and transaction information related to your use of the payment processing services provided by Stripe.

8.5. AMHERE shall not be responsible for any fee incurred due to your use of credit card in connection with any payments here under and taxes, including withholding tax, sales tax, services tax, value-added tax (VAT) or goods and services tax (GST) imposed by any government entity in respect of the Services.

8.6. Additional charges may be incurred if non-Malaysian issued card is used due to Foreign Exchange.

8.7. Charges paid by you are final and non-refundable, unless otherwise determined by us. If payment has been made through AMHERE and the Applications, we will send you a receipt by email.

9. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS

9.1. BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT AMHERE IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY HEALTHCARE OR MEDICALLY TRAINED PERSONNEL.

9.2. Please note that AMHERE’s employees cannot provide you with healthcare or medical advice and nothing that you may read in or by this application or our services should be construed as healthcare or medical advice. Although the Healthcare Providers and its independent contractors and employees make an effort to provide quality information to you, AMHERE expressly disclaims any implied guarantee or warranty regarding the accuracy, completeness, timeliness, or relevance of any information provided through the application, or the services of healthcare professionals sent to you or any member of your family through the application.

10. GEO-LOCATION FUNCTIONALITY

10.1. The Services include and make use of certain functionality and services provided by third parties that allow AMHERE to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

11. LICENSE AND LIMITATIONS OF USE

11.1. AMHERE grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of AMHERE or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by AMHERE. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

11.2. By using the Application or the Services, you agree that your use:

11.2.1. Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

11.2.2. Will not cause nuisance, annoyance, disruption, or inconvenience to the Healthcare Providers;

11.2.3. Will not impair the proper operation of the network;

11.2.4. Will only be through access points or wireless data account (AP) which you are authorized to use; and

11.2.5. May involve standard messaging charges by your wireless provider.

12. MEMBERS CONDUCT

12.1. We reserve the right to terminate your Member status if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct. You may not:

12.1.1. Upload, post, or transmit to the Healthcare Providers by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

12.1.2. Impersonate any person or entity, including another Member, Healthcare Providers, or an employee of AMHERE, or falsely state or otherwise misrepresent your affiliation with a person or entity;

12.1.3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

12.1.4. Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”

12.1.5. Attempt to interfere with or disrupt our servers or networks;

12.1.6. Deal directly with our healthcare professionals through whatever means outside the AMHERE platform including without limitation SMS, WhatsApp texting, social media messaging and e-mail;

12.1.7. Stalk or otherwise harass another user or Member of our Services or any of our employees, or the independent Healthcare Providers;

12.1.8. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Members, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult;

12.1.9. Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

13. DISCLAIMERS OF WARRANTIES

13.1. YOU USE THE APPLICATION, THE SERVICES, INCLUDING THE HEALTHCARE PROFESSIONALS’ SERVICES, AND OUR WEBSITE AT YOUR OWN RISK. AMHERE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY AMHERE OR THE SERVICES, INFORMATION AND ADVICE PROVIDED BY THE HEALTHCARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE.  

13.2. You agree that your access to, and use of, the Application Services, our Website, the healthcare professionals and the content and services available through the foregoing is on an “as-is” and “as available” basis and AMHERE specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.  

13.3. AMHERE does not warrant or make any representations regarding the use or the results of the use of the products, offerings, content, and materials available through the Application or our Website, including without limitation the availability, use, or results of Services provided by the independent healthcare professionals. If any applicable authority holds any portion of this section to be unenforceable, then AMHERE’s liability and responsibility will be limited to the extent permitted by applicable law.  

13.4. You acknowledge and agree that AMHERE does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third-party Health Providers in the AMHERE network. You acknowledge and agree that the Healthcare Providers using the Application are solely responsible for and will have complete authority, responsibility, supervision and control over the provision of all services, advice, instructions, treatment decisions and other professional healthcare services performed, and that all diagnoses, treatments, procedures and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Providers, in their sole discretion, as they deem appropriate.

13.5. We do not represent or warrant that: (a) the use of the Application will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (b) the Application will meet your requirements or expectations; (c) the Services which you received form a Healthcare Provider would meet your healthcare needs or other personal requirements; (d) the quality of, information or other materials obtained by you through the Application will meet your requirements or expectations; (e) any stored data will be accurate or reliable; (f) errors or defects in the Application will be corrected; or (g) the Application or our servers are free of viruses or other harmful components.

13.6. The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

14. LIMITATION OF LIABILITY

14.1. YOU ACKNOWLEDGE AND AGREE THAT AMHERE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:

14.1.1. the use or the inability to use the Application, Services or Website;  

14.1.2. the use of any content or other material on or through the Application, Services or Website or any websites linked to the Application or Website;  

14.1.3. the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received, or transactions entered into through or from the Application, Services or Website;

14.1.4. unauthorized access to or alteration of your transmissions or data;  

14.1.5. statements, services or conduct of any third party on or through the Application, Services of the Website or any healthcare professional; or

14.1.6. any other matter relating to the Application, Services or the Website.  

14.2. In no event shall AMHERE’s total liability to you or any minor for whom you are responsible for any and all damages, losses, and causes of action (whether in contract, tort – including, but not limited to, negligence – or otherwise) exceed the amount paid by you to AMHERE to use the services. If any portion of this limitation of liability is found to be invalid, AMHERE’s liability shall be limited to the extent permitted by applicable law. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

15. DISCLAIMERS REGARDING HEALTHCARE PROFESSIONALS

15.1. AMHERE DOES NOT EXPRESSLY ENDORSE ANY HEALTHCARE PROFESSIONAL ON THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY THE HEALTHCARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE HEALTHCARE PROFESSIONAL AND NOT AMHERE. RELIANCE ON ANY INFORMATION PROVIDED BY THE HEALTHCARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK.  

15.2. AMHERE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE HEALTHCARE PROFESSIONALS AND/OR THE SERVICES PROVIDED BY SAID HEALTHCARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. HEALTHCARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH HEALTHCARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED HEALTHCARE PROFESSIONALS.  

15.3. By using the service, you agree not to hold AMHERE liable in any way for any malpractice or substandard treatment the healthcare professional may render to you or any minor for whom you are responsible. In no event shall AMHERE be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you, any minor for whom you are responsible, or anyone else in connection with your use of the application, services or our website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from your use of any information, program or suggestion provided to you by a healthcare professional or communications or meetings between or among you, any minor for whom you are responsible, and any healthcare professionals members or any other persons you meet through the Application, Services or our Website. You agree to take reasonable precautions in all interactions with healthcare professionals particularly if you or any minor for whom you are responsible decides to meet offline or in person.

16. INDEMNIFICATION

16.1. You agree to defend, indemnify, and to hold harmless AMHERE, together with their respective affiliates, directors, officers, agents and employees, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to:  

16.1.1. your use of the Application, Services or our website or your inability to use the Application, Services or our website; or  

16.1.2. an allegation that you violated any representation, warranty, covenant or condition in this Agreement.  

16.2. Your agreement to defend, to indemnify, and to hold AMHERE (and its officers and directors) harmless applies whether a claim against AMHERE is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Application, Services and/or our Website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our Website. In addition, you agree to indemnify, defend and hold harmless your Healthcare Provider(s) from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of such Healthcare Provider. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our Website.  

17. BUSINESS USES OF OUR SERVICES

17.1. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify AMHERE, together with our respective directors, officers, affiliates, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal fees.  

18. GOVERNING LAW

18.1. This Agreement contains the final and entire agreement between us regarding your use of the Application Services and our Website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties.  

18.2. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the local laws applicable to contracts made entirely locally and wholly performed locally, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in locally.

19. ASSIGNMENTS

19.1. AMHERE may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of AMHERE’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

20. PROMOTIONS AND OFFERS

20.1. We may, as part of our Services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms:

20.1.1. The Application reserves the right to send particular promotions to particular Users. We may use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy; provided, however, that we will not use your personal information for our promotions or for our marketing of products without your prior written consent.  

20.1.2. Notwithstanding the foregoing, you agree that AMHERE may communicate your personal information to the Healthcare Providers featured on the Application in connection with any healthcare services provided by the Healthcare Providers.

20.1.3. AMHERE is not responsible for any unauthorized promotions and offers offered by third parties through the Application.

21. FORCE MAJEURE

21.1. AMHERE shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.

22. FEBRUARY 2021 PROMOTION

22.1. In view of AMHERE’s support for your continuity of care and healthy lifestyle during COVID-19, a promotional price of RM50 per physiotherapy tele-consultation/rehabilitation session against the usual price of RM80 per session will be charged. For mental health support tele-consultation/rehabilitation, a promotional price of RM50 per session against the usual price of RM60 per session will be charged. No refund will be allowed for any cancellation of the promotional session unless otherwise negotiated.

22.2 AMHERE deserved the final decision on the pricing.

22.3 The promotion will start at Malaysia Time (UTC+8) 00:00HRS, 1st February 2021 and end at Malaysia Time (UTC+8) 23:59HRS, 28th February 2021.

 

 

Released on 4th Feb 2021