TERMS OF USE
The following terms and conditions constitute an agreement between you
and Mentalogue Enterprise (Company No. 003006759-A) (“Mentalogue”, “we”,
“us”, “our”, or the “Company”), the operator of MENTALOGUE.my (the
“Site”) and related websites, services and mobile applications
(“Application”) provided by us and in respect of which these Terms of
Use are referenced (collectively, the “Services”). These terms of use
(the “Terms of Use”), together with our Privacy Policy located at
mentalogue.my (which is incorporated herein by reference, and
collectively, this “Agreement”) govern your use of the Services.
By using or accessing the Services, you agree to the terms of this
Agreement. If you do not agree with this Agreement, you must refrain
from accessing or using the Services. Please note that we offer the
Services "AS IS" and without warranties. You are required to register
and authorize the use and disclosure of your information for purposes of
allowing us to provide the Services and in accordance with the terms of
our Privacy Policy.
1. SERVICES
a. The Company operates the website https://www.mentalogue.my, and
other related websites and mobile applications with links to these Terms
of Use (collectively, the “Site” or “Mentalogue”). The Company enables
persons (collectively known as “Clients”) to share their mental health
history/condition and engage third party medical practitioners and
mental healthcare professionals (collectively referred to as “Mental
Health Providers” or “Providers”) to obtain medical and mental
healthcare services. The term “Users” or “User” henceforth shall refer
to all persons utilizing the Site, including “Clients” and “Providers”.
The Company facilitates the purchase or delivery of mental healthcare to
Clients (collectively, the “Service”) based on the Client’s consultation
with the Mental Health Providers and subject to the Client’s consent to
receive the Services and the Providers consent to provide the Services.
b. For the avoidance of doubt, the Company does not practise
psychology, psychiatry or any other licensed profession, and does not
interfere with the practice of counselling, psychology, psychiatry, or
any other licensed profession, and the use of the Services or Site does
not create a provider-to-patient relationship. This Site is intended to
provide users with general information. We do not recommend or endorse
any specific professionals, tests, products, procedures, opinions, or
other information that may be mentioned on the Site. Reliance on any
information provided by us, our employees, others appearing on Site at
our invitation or other visitors to the Site is solely at your own risk.
Your use of the Site is a privilege.
c. The Company reserves the right to modify, vary and change the Terms
of Use or its policies relating to the Site/Service at any time as it
deems fit. Such modifications, variations and or changes to the Terms of
Use or its policies relating to the Site/Service shall be effective upon
the posting of an updated version at https://www.mentalogue.my
d. You agree that it shall be your responsibility to review the Terms
of Use regularly. The continued use of the Site or Service after any
such changes, whether or not reviewed by you, shall constitute your
consent and acceptance to such changes.
e. No medical professional/patient relationship is created by using the
Site, the Application, the Services and/or the Content (herein defined).
The procedures, products, services and devices discussed and/or marketed
through the Services are not applicable to all individuals, patients or
all clinical situations. We reserve the right to suspend and/or
terminate your account at any time which will result in your inability
to use the Services
2. INFORMED CONSENT
a. You have the right to withhold or withdraw consent to the Terms of
Use and Privacy Policy at any time without affecting your right to
future care or treatment nor risking the loss or withdrawal of any
program benefits to which you would otherwise be entitled.
b. The Site and Service is not to be used for psychiatric or medical
emergencies. If you are facing a psychiatric or medical emergency, you
should contact “999” or your local emergency psychiatric or medical
service provider immediately.
3. REGISTRATION RULES AND CONDUCT
a. In order to access certain Services through this Site 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.
b. We reserve the right to refuse registration of an account or cancel
it at our discretion.
c. Any conduct by a user that in our sole discretion restricts or
inhibits any other user from using or enjoying the Site or its Services
are prohibited. This includes but is not limited to discriminatory
language and/or behaviour based on motivations, whether unintentional or
intentional, to exclude other users by race, gender, nationality,
language, and/or disability status. All reports of discrimination should
be directed to admin@mentalogue.my.
d. We are under no obligation to monitor the conduct of our users, but
we may investigate and respond when violations are reported.
e. You agree that you will not, and will not attempt to:
a. impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity;
b. use the Site or Services to violate any applicable law, regulations
or guidelines;
c. reverse engineer, disassemble, decompile, or translate any software
or other components of the Site or Services;
d. distribute viruses or other harmful computer code through the Site
or otherwise use the Services or Site in any manner that exceeds the
scope of use granted above. In addition, you agree to refrain from
abusive language when communicating with Users or Providers through the
Site. Mentalogue is not responsible for any interactions between its
Users that are not conducted through the Site, even if communications
have been initiated from the Site.
e. You are responsible for keeping your password confidential and
secure and prevent unauthorized access to your accounts. You are solely
responsible for all activities occurring through your account and you
agree to inform us of any actual, threatened, or suspected breach of
your account. We are not responsible for any loss or damage arising from
any breach of these obligations.
f. If at any time during the term of this agreement we come to the
understanding that you: (1) misled us as to your business practices
and/or services, or (2) purchased services that do not describe your
precise business, we reserve the right to terminate your account. We may
terminate your account and/or your access to the Site at any time if we
deem in our sole discretion to be necessary or appropriate.
4. REPRESENTATION AND WARRANTIES
a. 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, your parent or legal guardian must consent to the use of the Site 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.
5. INTELLECTUAL PROPERTY
a. 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 Site 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/Site.
b. The Terms of Use do not constitute a sale agreement and does 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 Site constitute trademarks 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. You must not
reproduce, distribute, modify, communicate to the public, download or
transmit any of the material on this Site except as expressly permitted
by these Terms of Use.
6. TERMINATION
a. You may deactivate your account and end your registration at any
time for any reason by sending an email to admin@mentalogue.my, through
the contact page on our Site or in accordance with the Terms of Use. The
Company may suspend or terminate your use of the Site, 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 this Terms of Use immediately in the event that
you are in breach of any of the terms. 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 Site and/or Services.
b. Following termination or deactivation, you will not have further
access to your account or the Services. Termination or deactivation does
not affect a Client’s right to future care or treatment nor risk the
loss or withdrawal of any program benefits to which a Client would
otherwise be entitled. However, the Client is responsible for any
further use of services previously obtained through the site.
Subsequently, any communication following termination or deactivation
between a Client and Provider will no longer be intermediated by the
Company. In the case of termination/deactivation by us, the Client
and/or Provider will remain liable for all amounts due up to and
including the date of termination/deactivation.
c. Upon termination, Terms of Use continue to be in force despite your
account termination.
7. LINKS TO OTHER SITES
a. The Services may contain links to other websites (“Linked
Websites”). Such links are provided for convenience only and may not
remain current or be maintained. We are not responsible for the content
or privacy practices associated with the Linked Websites.
b. The Linked Websites should not be construed as an endorsement,
approval or recommendation by us of the owners or operators of those
Linked Websites, or of any information, graphics, materials, products or
services referred to or contained on those Linked Websites, unless and
to the extent stipulated to the contrary.
8. DISCLAIMER OF WARRANTIES
a. You expressly agree that use of the Site and/or Services is at your
sole risk. Both the Site and Services are provided on an “AS IS” and “AS
AVAILABLE” basis. We do not warrant that access to this Site will be
uninterrupted or error-free or that defects in the Site will be
corrected. The Company and/or Mentalogue expressly disclaims, to the
extent permitted under applicable laws all warranties of any kind,
whether express or implied, including, but not limited to any
non-infringement, title, operability, condition, quiet enjoyment, value
and accuracy of data.
b. You acknowledge and agree that the Company and/or Mentalogue does
not provide medical advice, psychiatric advice, diagnosis, treatment, or
dispensary/pharmacy services and is strictly a technology platform and
infrastructure for connecting patients with independent third party
counsellors, psychiatrists, psychologists and other mental healthcare
providers.
c. You acknowledge and agree that Providers using the Site are solely
responsible for and will have complete authority, responsibility,
supervision, and control over the provision of all services, advice,
instructions, and they provide the same in their sole discretion and as
they deem appropriate.
d. You agree that a Client and their Provider are solely responsible
for all information and communication during a consultation or other
communication and we do not guarantee that the consultation is the
appropriate course of treatment for a Client’s particular mental health
or psychiatric issue or illness.
e. 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 Provider and you agree
that your interactions with such practitioner or professional are at
your own risk and you agree to take reasonable precautions in all such
interactions.
f. We make no representation that the Site or Services are appropriate
or available for use outside of Malaysia and users are responsible for
compliance with their local laws.
g. We reserve the right at our discretion, to remove any Provider from
our panel or the Site at any time.
9. SECURITY RULES
a. Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation: (1) accessing data
not intended for such user or logging into a server or account which the
user is not authorized to access; (2) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (3) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
"flooding", "mailbombing" or "crashing"; (4) sending unsolicited e-mail,
including promotions and/or advertising of products or services; (5)
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting.
b. Violation of these Security Rules may result in civil or criminal
liability. We will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations.
10. LIMITATION OF LIABILITY
a. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR MENTALOGUE 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 SITE 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 SITE, THE SERVICES, ANY INFORMATION OR MATERIALS ON OR OBTAINED THROUGH THE SITE. 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.
11. INDEMNITY
a. 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 Site, Services and/or Software or any breach of these Terms of Use. In addition, you agree to indemnify, defend and hold harmless your Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of the Provider(s) or any breach of these Terms of Use.
12. GENERAL
a. 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.
b. 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.
c. 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 the law.
d. 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.
e. 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.
f. 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 that the location has an equivalent or similar data
protection laws as Malaysia.