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
mentalogue.my (which is incorporated herein by reference, and
collectively, this “Agreement”) govern your use of the 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.
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
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
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 email@example.com.
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
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
a. You may deactivate your account and end your registration at any
time for any reason by sending an email to firstname.lastname@example.org, through
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
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.
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.
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
exclusive jurisdiction of the courts of Malaysia to which you hereby
agree to submit to.
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.