Terms of Use
LATEST REVISION: MARCH 2021
1. USE OF THE SERVICE
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY. BY USING THIS PLATFORM OR SERVICE , YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS OF USE. IN ORDER TO USE THE PLATFORM OR SERVICE YOU MUST AGREE TO THE TERMS OF USE THAT ARE SET OUT BELOW. YOU FURTHER AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT CONTINUE USING THIS SERVICE OR PLATFORM.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legally binding agreement between you and PlusVibes (“we”, “us” or the “Company”).
The Company operates the Platform https://www.plusvibes.com, and mobile applications called “PlusVibes - Support & Motivate” and “PlusVibes - Vibers” with links to these Terms of Use (collectively, the “Platform” or “PlusVibes”). The Company enables users to have secure messaging and engage third party medical practitioners, psychiatrists, non-profit organisations and listeners (collectively referred to as “Vibers”) who may or may not have the relevant qualifications required to respond to the chat requests (collectively, the “Service”). The Company also provides access to third party articles and videos (collectively, the “Service”) of which, all third-party trademarks, service marks, logos and domain names appearing on the Platform are the property of their respective owners. None of these companies or individuals endorse, sponsor, represent or are in any way affiliated with the Company.
For the avoidance of doubt, the Company does not provide medical advice, psychiatric diagnosis or treatment. The Company is not a medical or health services organization or forum. The Company does not practise medicine or any other licensed profession, and does not interfere with the practice of medicine or psychiatry or registered counselling or any other licensed profession, and the use of the Services or Platform does not create a doctor-patient relationship or counsellor-patient relationship. All information should be discussed and confirmed with your physician, psychiatrist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on this website or otherwise.
None of the content on the Platform should be considered as medical advice or an endorsement, representation or warranty that any particular suggestion or medication or treatment is safe, appropriate, or effective for you. The information presented on the Platform is in no way intended as medical and/or psychiatric advice, is not provided for the purpose of diagnostics or treating medical and/or psychiatric problems nor is it a substitute for medical and/or psychiatric treatment.
By using the Platform, and downloading, installing or using any associated software or application supplied by the Company (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.plusvibes.com.
The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Platform/Service without prior notice at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Platform/Service shall be effective upon the posting of an updated version at http://www.plusvibes.com as may be updated and revised by us from time to time.
You agree that it shall be your responsibility to review the Terms of Use regularly. The continued use of the Platform or Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
The Platform and Service should not be used for medical emergencies. If you are facing a medical emergency, you should contact “999” or your local emergency medical services provider immediately.
2. INFORMED CONSENT
PlusVibes is a digital healthcare platform which shares articles and videos related to mental health and well-being. The Company also enables users to interact using messaging communication technology where the users and the Vibers are at different physical locations.
The services you receive from the Vibers are not intended to replace a counselling or psychiatrist or primary care physician relationship. You should seek further help or follow-up care when recommended by a Viber or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
3. REPRESENTATIONS AND WARRANTIES
By using the Service and/or registering an account, 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. If you are below eighteen (18) years old, you must seek express consent from your legal guardian such as your parent or legal guardian and they must consent to the use of the Platform and/or Service.
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 (or to do so on behalf of a minor child of whom you are a parent or legal guardian). You further confirm that all the information which you provide shall be true, accurate and complete. Your use of the Service is for your own sole, personal use (or that of your minor child for whom you are a parent/legal guardian). You undertake not to authorize others to use your identity or account, and you may not assign or otherwise transfer your account to any other person or entity.
4. ACCESS RIGHTS AND REGISTRATION OF ACCOUNT
Subject to you complying with these Terms of Use and the registration requirements, we grant to you a limited, non-exclusive, non-transferable right to access the Platform and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason.
You agree that you will not, and will not attempt to:
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impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
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use the Platform or Services to violate any applicable law, regulations or guidelines;
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reverse engineer, disassemble, decompile, or translate any software or other components of the Platform or Services;
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distribute viruses or other harmful computer code through the Platform or
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otherwise use the Services or Platform in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Vibers through the Platform. PlusVibes is not responsible for any interactions with Vibers as the Company is unable to view the conversation between the users and Vibers.
In order to access certain Services through this Platform you need to register an account. You agree to provide accurate and complete information when you register and to keep that information updated and accurate. When registering an account, you shall not use as an account name the name of another person with the intent to impersonate that person. We reserve the right to refuse registration of an account or cancel it at our discretion.
You are solely responsible for all activities occurring through your account and you agree to inform us of any actual or threatened breach of your account. We are not responsible for any loss or damage arising from any breach of these obligations.
5. PAYMENT AND REFUNDS
If you purchase any product or services on PlusVibes, you agree to pay all fees and charges (including all applicable SST) in accordance with the applicable fees, charges and payment terms.
You may choose to pay for the Service by any of the payment methods available at the Platform, including without limitation through the specified payment gateways.
By providing the required payment or payment information, you agree that we may invoice all fees and charges due and the payment will be processed automatically at the end of the session or upon the provision of the Services.
We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involve any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
You shall be responsible for any finance or other charges imposed by your payment provider (such as credit card provider or financial institution) and to resolve any disputes with your payment provider (such as your credit card company) on your own.
We reserve the right to make changes to the fees and charges from time to time without advance notice.
No refunds are available for any Services (or part of Services) which have been provided or when the request has been confirmed or accepted by the Company. Refunds are only available when the request is cancelled by you before it is confirmed or accepted by the Company, or it is cancelled by the Company. Instead of a refund, you may use your credit for other Services (such as a session or other Services offered by the Company), subject to the prevailing terms and conditions.
6. INTELLECTUAL PROPERTY
The Company and its licensors and providers, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and all its contents, including without limitation the Software, text, materials, compilation of information, images, videos, displays, audio and design and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service/Platform.
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 or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, and certain other material on the Platform constitute trade marks or other intellectual property rights of the Company or its licensors/providers or other parties and no right or license is granted to use them.
7. TERMINATION
You may deactivate your account and end your registration at any time for any reason. The Company may suspend or terminate your use of the Platform, your account and/or registration for any reason at any time. Without prejudice to the generality of the foregoing, you hereby agree that the Company is entitled to terminate your account immediately in the event that you are in breach of any of the terms or policies, conduct activity that the Company considers suspicious or violate our Community Guidelines. For the avoidance of doubt, the termination shall not require the Company to compensate, reimburse or cover any costs, fees or expenses incurred by you in connection with the use of the Platform and/or Services.
Following termination or deactivation, you will not have further access to your account or the Services. In the case of termination/deactivation by us, you remain liable for all amounts due up to and including the date of termination/deactivation.
Upon termination, the following Sections shall continue in force: Sections, 2, 3, 6, 9, 10, 11, 12 and 13 and any other provisions of these Terms of Use that are intended to continue in force after termination.
8. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Platform and/or Services is at your sole risk. Both the Platform and Services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not warrant that access to this Platform will be uninterrupted or error-free or that defects in the Platform will be corrected. The Company and/or PlusVibes expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties or merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value and accuracy of data.
By using our Service you hereby agrees and acknowledges that PlusVibes does not provide medical advice, psychiatric diagnosis or treatment. The Company is not a medical or health services organization or forum. The Company does not practise medicine or any other licensed profession, and does not interfere with the practice of medicine or psychiatry or registered counselling or any other licensed profession, and the use of the Services or Platform does not create a doctor-patient relationship or counsellor- patient relationship. All information should be discussed and confirmed with your physician, psychiatrist or other healthcare provider before adopting any wellness program, exercise program, or other treatment, whether offered on this website or otherwise.
You further acknowledge that none of the content on the Platform should be considered as medical advice or an endorsement, representation or warranty that any particular suggestion or medication or treatment is safe, appropriate, or effective for you. The information presented on the Platform is in no way intended as medical and/or psychiatric advice, is not provided for the purpose of diagnostics or treating medical and/or psychiatric problems nor is it a substitute for medical and/or psychiatric treatment.
You acknowledge and agree that the Vibers using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, and they provide the same in their sole discretion and as they deem appropriate.
You agree that you and your Viber are solely responsible for all information and communication using the PlusVibes messaging Platform or other communication and we do not guarantee that messaging is the appropriate course of advice or suggestion or recommendation or treatment for your particular issue including but not limited to health issue or illness.
We make no representation, warranty or endorsement as to the conduct, ability, efficacy, accuracy, timeliness or relevance of any information, service or treatment provided by any Viber and you agree that your interactions with such practitioner, listener or professional are at your own risk and you agree to take reasonable precautions in all such interactions.
There are potential risks associated with the use of PlusVibes. These risks include, but may not be limited to:
· Information transmitted may not be sufficient (e.g. lack of disclosure by the user) to allow for appropriate decision making or advice given by the Viber.
· Delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks. If this happens, you agree that you may be contacted by phone or other means of communication.
· A lack of full access to all your personal information or health records may result in wrong advice or other judgment errors in rare cases.
· Security protocols could fail, causing a breach of privacy of personal health information.
We reserve the right at our discretion, to remove any Viber or User from our Platform or the Platform at any time if any Viber or User fails to maintain a certain code of conduct or rating that we impose to such Viber from time to time
By using the Service, you further understand, agree and acknowledge that you have the following rights with respect to the use of our Platform and the limitations of our messaging services and other services as follows:
· PlusVibes may not be able to serve all your counselling or medical needs.
· If you have health or medical related issues, it may be necessary for you to go in for a face to face consultation.
· You hereby give consent to engage in secure messaging on our PlusVibes with our Vibers.
· Please note that PlusVibes does not provide telemedicine services. In any case the laws that protect the confidentiality of your medical information also apply to telemedicine. As such, you understand that the information disclosed by you during the messaging session is generally confidential. You also understand that the dissemination of any personally identifiable images or information from the interaction shall not occur without your written consent.
· You understand and acknowledge that messaging based services and care may not be as complete as face-to-face consultation. You also understand that if your Viber believes you would be better served a face-to-face consultation, you would be advised as such.
· You understand and acknowledge that messaging service is not appropriate for medical emergencies and that these are best sought by seeking care at an emergency unit.
THE PLATFORM AND SERVICE SHOULD NOT BE USED FOR MEDICAL EMERGENCIES. IF YOU ARE FACING A MEDICAL EMERGENCY, YOU SHOULD CONTACT “999” OR YOUR LOCAL EMERGENCY MEDICAL SERVICES PROVIDER IMMEDIATELY.
9. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR PLUSVIBES OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE RELATING IN ANY WAY TO THE PLATFORM, SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE PLATFORM. In no event shall our total liability to you (or for any minor for whom you are responsible for) for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
10. INDEMNITY
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors, partners and suppliers, harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, any use of the Platform, Services and/or Software or any breach of these Terms of Use. In addition, you agree to indemnify, defend and hold harmless your Viber(s) from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of the Viber(s) or any breach of these Terms of Use.
11. PERSONAL DATA PROTECTION
You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as set out in our Privacy Policy and outlined below.
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your email address and phone number which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, the Company may 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 or the Platform.
The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (collectively referred to as the “Purpose”):
· To perform the Company’s obligations in respect of any contract entered into with you;
· To provide you with any services pursuant to the Terms of Use herein;
· Process, manage or verify your application/registration 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.
As the Company’s information technology storage facilities and servers may be located in other jurisdictions, your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia provided the location has an equivalent or similar data protection laws as Malaysia.
The Company may engage other companies, service providers or individuals to perform functions on the Company’s behalf, and consequently may provide access or disclose to your Personal Data to the third parties including but not limited to those listed below:
· Information technology (IT) service providers;
· Data entry service providers;
· Storage facility providers;
· Insurance providers;
· Any professional advisors and external auditors;
· Regulatory and governmental authorities in order to comply with statutory and government requirements.
· Vibers and support personnel.
Subject to any exceptions under applicable laws, you may at any time hereafter request for access to, or for correction or rectification of your Personal Data or limit the processing of your Personal Data, or seek further information from the Company by using the support contact details provided on the Platform.
By submitting your information you consent to the use of that information as set out in the form of submission/registration and in this Terms of Use.
12. GENERAL
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 subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
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.
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.
13. HELPDESK
We operate a helpdesk and will always try to resolve any queries, complaints or disputes when they first arise. Please provide details of any queries, complaints or comments by visiting our website at www.plusvibes.com and completing the Contact Us form.