TERMS AND CONDITIONS
THESE TERMS OF USE (“TERMS”) GOVERN THE ACCESS OR USE BY YOU, AN INDIVIDUAL, FROM WITHIN ANY COUNTRY, IN THE WORLD OF MOBILE AND WEB APPLICATIONS, WEBSITES, CONTENT, PRODUCTS OF A COMMUNITY MARKETPLACE WHICH FACILITATES PRIVATE NURSE AND CAREGIVING SERVICES, AND ONGOING CARE SUPPORT FROM THIRD PARTY SERVICE PROVIDERS OR SUPPLIERS (THE “SERVICES”) THROUGH THE WEB APPLICATION CALLED BIG STAR PRIVATE NURSING CARE SERVICES (KT0505171-A) (“BIG STAR PRIVATE NURSING CARE SERVICES”) OWNED BY BIG STAR PRIVATE NURSING CARE SERVICES, A PRIVATE LIMITED COMPANY ESTABLISHED UNDER THE COMPANIES ACT 1965 OF MALAYSIA AND REGISTERED UNDER THE REGISTRATION NUMBER OF KT0505171-A.
Contractual relationship
Please read these terms carefully before accessing or using the Services:
Your access and use of the Services constitutes your full and irremovable agreement to be bound by these terms, its updates, and *Big Star Private Nursing Care Services*’s privacy policy which establish a contractual relationship between you and *Big Star Private Nursing Care Services*. If you do not agree to these terms, you may not or may choose not to access or use the Services. These terms expressly supersede prior agreements or arrangements with you. *Big Star Private Nursing Care Services* may immediately terminate these terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the terms for the purposes of the applicable Services. Supplemental terms shall prevail over these terms in the event of a conflict with respect to the applicable Services.
*Big Star Private Nursing Care Services* may amend the terms related to the Services from time to time. Amendments will be effective upon *Big Star Private Nursing Care Services* ’s posting of such updated terms at this location or the amended policies or supplemental terms on the applicable service.
Our collection and use of personal information from you and other users in connection with the Services is as provided in accordance with the Malaysian Personal Data Protection Act 2010, the Personal Data Protection Regulations and in *Big Star Private Nursing Care Services*’s privacy policy located at https://www.bigstarprivatenursing.com/.
The Services
To operate the Services, a technology platform was developed by *Big Star Private Nursing Care Services* that enables users of *Big Star Private Nursing Care Services*’s to use the website provided as part of the Services (each, an “application”) to arrange and schedule private nursing care Services with independent third-party providers. You acknowledge that the Services are made available solely for your personal, noncommercial use and that the professionals supplied to you by *Big Star Private Nursing Care Services* are independent contractors.
Provision of the Services
You acknowledge that portions of the Services may be made available under *Big Star Private Nursing Care Services* ’s various brands or request options associated with nursing care or medical care associated with the company and brand. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
certain of *Big Star Private Nursing Care Services*’s subsidiaries and affiliates; or
independent third-party providers, including nursing or medical service providers.
Ownership
The Services, intellectual property and all rights therein are and shall remain *Big Star Private Nursing Care Services*’s property or the property of *Big Star Private Nursing Care Services*’s licensors. Neither these terms nor your use of the Services conveys or grant to you any rights:
in or related to the Services except for the limited license granted above; or
to use or reference in any manner *Big Star Private Nursing Care Services*’s company names, logos, product and service names, trademarks or Services marks or those of *Big Star Private Nursing Care Services*’s licensors.
Disclaimers
As a service company facilitating the Services between *Big Star Private Nursing Care Services* and its third-party suppliers vide its designated web applications or website, it is not a private healthcare facility. The Services are provided “as is” and “as available.” *Big Star Private Nursing Care Services* disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, *Big Star Private Nursing Care Services* makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any Services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. *Big Star Private Nursing Care Services* does not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of Liability
*Big Star Private Nursing Care Services* and its owners, managers, officers, representatives and employees shall not be liable to you, your belongings or your representatives for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if *Big Star Private Nursing Care Services* has been advised of the possibility of such damages. Additionally, *Big Star Private Nursing Care Services* shall not be liable for any damages, liability or losses arising out of:
your use of or reliance on the Services or your inability to access or use the Services;
any transaction or relationship between you and any third party provider, even if *Big Star Private Nursing Care Services* has been advised of the possibility of such damages;
representation, care, statements, omissions and actions of the private nurses, care givers, assistants and associated representatives supplied by *Big Star Private Nursing Care Services* in the response of any of your request for its Services. *Big Star Private Nursing Care Services* shall also not be liable for the delay, misrepresentation or failure in performance resulting from causes beyond *Big Star Private Nursing Care Services* ’s reasonable control or inaccurate or negligent instructions and communication passed to *Big Star Private Nursing Care Services* .
In any event where *Big Star Private Nursing Care Services*’s agrees to assume responsibility to you in connection with the Services for all damages, losses and causes of action, you agree that the responsibility shall not exceed the sum of one hundred Malaysian Ringgit (RM100.00) throughout the entire use of your Services.
*Big Star Private Nursing Care Services*’s Services may be used by you to request and schedule nursing, physiotherapy, occupational therapy, speech and language therapy with third party providers, but you agree that *Big Star Private Nursing Care Services* has no responsibility or liability to you whatsoever related to any nursing, care giving medical care, private care, or any Services arranged or provided to you by these third party providers other than as expressly set forth in these terms.
Indemnity
You agree to indemnify and hold *Big Star Private Nursing Care Services* and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including solicitors’ fees) arising out of or in connection with:
your use of the Services or Services or goods obtained through your use of the Services;
your breach or violation of any of these terms;
your breach or violation of any of the terms and policies of *Big Star Private Nursing Care Services*, My *Big Star Private Nursing Care Services* Sdn. Bhd. and its binding partners;
*Big Star Private Nursing Care Services*’s use of your user content;
your violation of the rights of any third party, including third party providers;
your misappropriation, passing off or any criminal or civil harm you cause to *Big Star Private Nursing Care Services*, its brand and intellectual properties, its representatives, assets, products and its business partners; and/or, in the alternative:
misrepresent the source of anything you post, including impersonation of another individual or entity of any false or inaccurate biographical information for any nurse, care giver or related representative, provide or create links to external sites that violate this terms of use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
invade anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
disseminate, publish or display falsehoods or misrepresentations that could damage *Big Star Private Nursing Care Services* or any third party;
pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate post that you place on the web which you attach to the name and brand of *Big Star Private Nursing Care Services*, its representatives and business partners.
Refund Policy
There shall be no refund once Services have been rendered.
A refund will be given where cancellation is made at least Three (3) working days before the scheduled appointment. A refund will also be given if *Big Star Private Nursing Care Services* is unable to find a replacement caregiver for the scheduled appointment.
General
Governing law
Except as otherwise set forth in these terms, these terms shall be exclusively governed by the courts of and construed in accordance with the laws of Malaysia. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these terms, including those relating to its validity, its construction or its enforceability (any “dispute”) shall be first mandatorily be negotiated between the parties in a friendly manner with the aims to settle the dispute amicably. If such dispute has not been settled within sixty (60) days after a request for negotiation has been submitted by either party, the parties can refer the matter to their respective solicitors for assistance to resolve the same finally before court or alternative dispute means.
Claims & Notice
*Big Star Private Nursing Care Services* may give notice by means of a general notice on the Services, electronic mail to your email address in your account.
Others
You may not assign or transfer these terms in whole or in part without *Big Star Private Nursing Care Services*’s prior written approval. You give your approval to *Big Star Private Nursing Care Services* for it to assign or transfer these terms in whole or in part, including to:
a subsidiary or affiliate;
an acquirer of *Big Star Private Nursing Care Services* ’s equity, business or assets; or
a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, *Big Star Private Nursing Care Services* or any third-party provider as a result of the contract between you and *Big Star Private Nursing Care Services* or use of the Services.
If any provision of these terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these terms but the legality, validity and enforceability of the other provisions in these terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these terms. These terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these terms, the words “including” and “include” mean “including, but not limited to.”