IMPORTANT – IF YOU ARE EXPERIENCING A CRITICAL OR EMERGENCY MEDICAL SITUATION, PLEASE SEEK EMERGENCY MEDICAL HELP FROM AN AMBULANCE OR A HOSPITAL. THIS APPLICATION IS NOT SUITED FOR CRITICAL OR EMERGENCY MEDICAL SITUATIONS.
Our website shares information about the services provided by Skynapse Sdn Bhd and its affiliates(hereafter referred to as “Conec”, “us”, “our” or “we”). Conec mobile application (the “Application”) provided by Conec The Application enables individuals, such as you, to make bookings for house calls by qualified medical doctors for medical consultation services (the “Services”). The download and use of the Application is governed by these terms and conditions (the “Agreement”). It is important that you read carefully and understand the terms and conditions contained or referred below before you request access to or use of Conec’s services. The terms and conditions will apply in your relationship with Conec in relation to such access and use.If you do not agree to the terms of this Agreement, please do not download or use the Application.
Any person (“Applicant”) who requests access to or use of Conec services agrees that it does so upon these terms and conditions (as they may be revised by Conec from time to time).
The Applicant now acknowledges and declares that before making such request, the Applicant had considered and evaluated the responsibilities and risks which may arise in using Conec’s services and the Applicant has taken and will continue to take all necessary steps to avoid or reduce any unacceptable responsibilities and risks on its part.
The Applicant now also acknowledges and agrees that Conec may disclose information relating to the Applicant, to Conec and its employees, agents, contractors and its affiliates and with third parties involved in a transaction with Conec, as well as to other third parties who perform certain functions on Conec’s behalf in the provision, operation and management of Conec’s services and to third parties whom Conec considers should be provided with such information to prevent contravention of any law or to protect the Conec’s services.
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, https://www.conec.com.my. 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 The Web is an evolving medium. We reserve the right to change or modify the terms and conditions of this Agreement. 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.
2.1 Eligibility. To be eligible to register for a customer user account (“Account”) with us, you must:
2.2 If you are under 18 years of age, please do not download or use the Application.
2.3 Creating an Account. When registering for an Account, you will be asked to provide us with certain information, including your name, mobile number, address, NRIC or FIN number, and date of birth. Upon successful registration, we will provide you with an Account, accessible to you with a password of your choice.
2.4 Your Account enables you to access and use the Application on your mobile device in accordance with this Agreement. You must not transfer or share your Account or password with anyone, or create more than one Account. 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.
2.5 By registering for an Account, you represent, warrant and undertake that all information provided to us is truthful, accurate, up-to-date and complete.
2.6 Your failure to maintain accurate, up-to-date and complete information may result in your inability to obtain the Services and/or to access and use your Account and the Application, and our termination of this Agreement with you.
3.1 Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.
3.2 You shall not:
4.1 The Application allows you to arrange and schedule house calls or video calls by medical doctors, nurses, ambulances who are independent third-party service providers (“Service Providers”) for the Services.
4.3 Mobile Data. You acknowledge and agree that the use of the Application on your mobile device requires a mobile data plan, and may consume a large amount of data through the mobile data plan. You agree that you are responsible for all mobile data charges you incur through your use of the Application.
4.4 Text Messaging. By creating an Account, you agree that we may send you information text messages as part of the normal business operation of your use of the Application and receipt of the Services.
4.5 Using the Services. To enable the Service Provider who has accepted your request for Services to locate you, you agree to remain at the location agreed with the Service Provider. You may be asked by the Service Provider to provide proof of identity and other relevant information (e.g. medical history, drug allergies). You agree to provide full and accurate information to the Service Provider. You acknowledge that the quality of the Services is heavily dependent on the information, which you provide to the Service Provider. You acknowledge and agree that you may be denied the Services if you refuse to provide proof of identity and other requested information to the Service Provider. You retain the right to reject any medication from the Service Provider if the packaging appears tampered with.
4.6 By using the Services, you represent, warrant, agree and undertake that:
4.7 You acknowledge and accept that the Application is a platform for access to Service Providers and we are not responsible, whether directly or indirectly, for the Services you receive or for the acts or omissions of any Service Provider you engage through the Application. You are solely responsible for any decision or selection made by you in relation to the Service Provider or the Services.
4.8 You acknowledge and agree that we are not a medical or healthcare service provider. If an emergency or urgent medical situation arises, you understand that you should immediately seek emergency medical care at a hospital.
4.9 In the event of a dispute between you and the Service Provider, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.
5.1 Charges. You understand that use of the Application may result in fees to you for the Services you receive from the Service Provider (“Charges”). You also understand that the Charges may include additional charges for medications, procedures, miscellaneous items that are not included in the consultation fees.
5.2 Cancellation Fee. You acknowledge and agree that if you elect to cancel requests for the Services, we may charge you a cancellation fee which will vary according to the nature of Service you may have requested. A cancellation fee will not apply for any booking if the cancellation is made 24 hours prior to the appointment time.
5.3 Payment. After you have received the Services through your use of the Application, you may choose to pay for the Services by cash, or credit/debit card (“Card”) using Stripe. If you choose to pay for the Services by card using Stripe, you:
5.4 Invoices will be sent to the email address registered on the Application after every visit or transaction.
5.5 Charges paid by you are final and non-refundable, unless otherwise determined by us. If payment has been made through Card or Stripe, we will send you a receipt by email.
5.6 Third Party Payment Processors. Payment processing services for doctors on Conec 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 doctor on Conec, 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 Conec enabling payment processing services through Stripe, you agree to provide Conec accurate and complete information about you and your business, and you authorize Conec to share it and transaction information related to your use of the payment processing services provided by Stripe.
6.1 By using the Application and providing personal information to us, you agree that we may collect, use, process and disclose such personal information in accordance with the provisions of this Section 6.
6.2 You may review and update your personal information within the Application by opening the Application and visiting the “Settings” page for your Account.
6.3 You are under no obligation to provide personal information to us. However, if you choose to withhold the requested personal information, you may not be able to use certain aspects of the Application and you may not be able to receive the Services.
6.4 We use the personal information you provide to:
(a) deliver the Application and to enable us to provide you with the produces, services and information offered through the Application which you request;
(b) enable Service Providers to provide the Services;
(c) administer your Account and communicate with you;
(d) verify and carry out payments which you make through the Application;
(e) improve the Application and customise the content shown to you;
(f) develop, operate, improve, deliver and maintain our products and services;
(g) send you information which you may find useful or which you have requested from us, provided you have indicated that you do not object to being contacted for such purposes;
(h) enforce this Agreement and other policies;
(i) perform functions or services as otherwise described to you at the time of collection.
6.5 We may share your personal information with:
(a) Service Providers who may view certain information about you through the Application;
(b) our affiliates and third party service providers who assist us in providing the Application and who perform certain functions on our behalf;
(c) parties involved in a transaction involving the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal, or financing of our business or a portion of our business;
(d) other parties if required to do so by law or if we believe that such disclosure is necessary to prevent fraud or crime or to protect the application or the rights, property or personal safety of any person.
6.6 We have reasonable security measures in place to protect against the loss, misuse and alteration of personal information under our control. While we will use all reasonable efforts to prevent the loss, misuse or alteration of your personal information, you should bear in mind that submissions of information over the Internet are never entirely secure. We cannot guarantee the security of the personal information which you submit through the Application while it is in transit over the internet and any such submission is at your own risk.
6.7 Linkage to Third Party Website, Application and/or Platform
Each Applicant acknowledges and agrees that Conec may at its discretion, link Conec’s services to any website, application or platform of any third party or allow any third party to advertise or provide its goods, services and facilities, subject to the terms and conditions set by Conec or imposed by the third party which may not be within Conec’s control. The Applicant whose request for access to and use of Conec’s services is acceded to by Conec (“User”) shall, unless expressly agreed otherwise between Conec and the User then be free to make its own independent decision on whether to use Conec’s services or such other website, application or platform or such third party’s website, application or platform to acquire any goods, services or facilities from such third party. If the User decides to do so, the User shall be deemed to deal with such third party relating to such goods, services and facilities at the User’s own risk and expense. The Applicant and the User (as the case may be) further agrees that in case of any contradiction or inconsistency between these terms and conditions and the terms and conditions imposed by such third party, these terms and conditions shall apply unless and to the extent Conec decides otherwise.
6.8 If you have any questions or comments on our personal data protection practices, please contact us by email at contact firstname.lastname@example.org.
7.1 You shall keep confidential all information and materials about the Application, and all information of a secret, confidential or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of this Agreement (“Confidential Information”).
7.2 In the event that we discover that you have made or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of this Agreement and to further protect the Confidential Information.
8.1 Rights to Application. You acknowledge and agree that the Application and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Conec. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Conec and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in this Agreement and such rights are hereby reserved and retained by Conec.
8.2 Third Party Content. The Application may utilize or include third party content and software (“Third Party Content”) that is subject to open source and third party terms of service. You acknowledge and agree that your right to use such Third Party Content as part of the Application is subject to and governed by the terms and conditions of the open source and third party terms of service applicable to such Third Party Content, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party terms of service, the terms of the open source or third party terms of service shall prevail with regard to your use of the relevant Third Party Content. In no event shall the Application or components thereof be deemed to be open source or publicly available software.
8.3 Company’s Marks. You are not authorized by Conec to use Conec’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Conec, which may be withheld for any or no reason.
8.4 Infringement Acknowledgement. You acknowledge and agree that in the event of a third party claim against you that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not Conec) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Conec in writing of such a claim.
The User hereby represents and warrants to Conec that it does and shall possess all intellectual property and other rights to use, disclose, reproduce and publish all content and other materials (including photographs, videos and music) posted or otherwise it makes available to Conec or on the Website, the App and/or the Platform (“the User’s Materials”).
Hereby grants to Conec full right, permission and liberty to use, reproduce and transmit the User’s Materials and without royalty or other charge; Hereby acknowledges that the User’s Materials will be made available to the employees, agents and contractors of Conec in relation to Conec’s services, and Conec may not be able to monitor or limit or otherwise control their use of the User’s Materials;
Hereby releases Conec and its employees, agents and contractors from any liability for their use of the User’s Materials; and
Hereby acknowledges and agrees that its use (if any) of any sharing function on the Website, the App and/or the Platform to share content to Facebook, Google, LinkedIn or other services will be subject to the service provider’s terms of service.
If Conec permits third parties to advertise, market or promote their services or goods through the Website, the App and/or the Platform but the User does not wish to receive or participate in such advertising, marketing or promotion:
The User shall notify Conec in in writing immediately or within the time (if any) specified by Conec; and
Conec may require the User to pay a charge (if any) specified by Conec from time to time or may terminate the User’s access to or use of Conec’s services.
Conec shall not be liable for any failure to perform its obligations under these terms and conditions if the failure results from an event which is beyond the reasonable control of Conec and which results in Conec being unable to observe or perform on time its obligation.
The Applicant and the User shall not but Conec may assign, transfer, sub-contract or delegate any of its rights, benefits, duties or obligations arising under these terms and conditions without the prior written consent of the Applicant or the User. A person who is not a party to these terms and conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 (Chapter 31) to enforce any provision of the Act.
If any of these terms and conditions is found to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining terms and conditions.
14.1 We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Application. The Application and any information contained in or provided through the Application are provided on an “as is” and “as available” basis.
14.2 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 Service Provider would meet your medical 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.
14.3 All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
14.4 Your use of and reliance upon the Application and any information contained in or provided through the Application is at your sole risk and discretion.
14.5 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.
15.1 To the fullest extent permissible under applicable law, in no event shall Conec be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with this Agreement, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages.
15.2 Without limiting the generality of the foregoing, the maximum liability of Conec for all claims of every kind arising out of this Agreement will not exceed SGD 1.00.
16.1 You agree to indemnify, defend, and hold harmless Conec, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with:
(a) your access and use of the Application;
(b) use of your Account other than in accordance with this Agreement;
(c) your use of the Services;
(d) your dealings with the Service Provider;
(e) your breach of this Agreement;
(f) your violation of law;
(g) your negligence or willful misconduct;
(h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
17.1 We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Application or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion thereof.
18.1 This Agreement shall commence on the date that it is accepted by you and shall continue until terminated.
18.2 We may terminate this Agreement immediately, without prior notice, if you fail to comply with any of the terms and conditions stipulated in this Agreement.
18.3 Notwithstanding the foregoing, we may terminate this Agreement and your use of the Application, or generally cease offering or deny access to the Application or any part thereof, at any time for no reason with or without notice.
18.4 Upon termination of this Agreement, the following shall apply:
18.5 The expiration or termination of this Agreement shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such expiration or termination. Without prejudice to the foregoing, Clauses 7 (Confidentiality), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability) and 11 (Indemnification) shall survive the expiration or termination of this Agreement.
19.1 Relationship. The parties hereto are independent contractors. Nothing in this Agreement shall operate to constitute a party an agent, partner, employee or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature expressed or implied of the other party nor shall a party pledge the credit of the other party.
19.2 Entire Agreement. This Agreement constitutes the entire agreement between Conec and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.
19.3 Rights of Third Parties. This Agreement is not intended to benefit any third party, and does not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by Conec or you.
19.4 Nature of Terms. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.
19.5 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation in this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of this Agreement constitute a waiver of any subsequent breach.
19.6 Assignment. Neither party shall not assign its rights or obligations under this Agreement without prior written consent of the other party, provided that Conec may assign or transfer this Agreement or any or all of its rights and obligations under this Agreement without consent to an affiliate of Conec or to an acquirer of all or substantially all of Conec’s business, equity or assets.
Conec and the user will endeavor to resolve any dispute between them arising out of or in connection with these terms and conditions and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within reasonable time, this Agreement shall be governed by Malaysia law, without regard to excluding its conflicts of law principles. Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Malaysia.