Terms & Conditions

KPJ Cares Mobile App - Terms and Conditions ("Terms")

Our Terms and Conditions were last updated on 30 December 2024.

We are KPJ Healthcare Berhad (“KPJHB”, "Company", “we”, “us” or “our”), a company incorporated under the Companies Act 2016 [Act 777] having its registered address at Level 13, Menara KPJ, No. 238, Jalan Tun Razak, 50400 Kuala Lumpur and its business address at Level 12, Menara KPJ, No. 238, Jalan Tun Razak, 50400 Kuala Lumpur.

We operate the mobile application KPJ Cares Mobile App (the “Application”), as well as any other related products and services that refer or link to this Terms (collectively, the “Services”).

Please read this Terms and conditions carefully before using our Services.

Interpretation and Definitions

1. Interpretation

   1. The words of which the initial letter is capitalized have meanings defined under the following conditions.
   2. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.



2. Definitions

   1. “Account” means a unique account created for You to access our Services or parts of our Services.
   2. “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
   3. “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Services.
   4. “Privacy Policy” means the privacy policy as set out in this Application.
   5. “Services” refers to the Application, as well as any other related products and services that refer to or link to this Terms.
   6. “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Services.
   7. “You” means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as the case may be.



3. Acknowledgment

   1. This Terms constitute a legally binding agreement made between You, whether personally or on behalf of an entity and us and concerning your access to and use of the Services.
   2. Your access to and use of the Services is conditioned on Your acceptance of and compliance with this Terms.
   3. You agree by accessing or using the Services, You have read and agree to be bound by this Terms. If You do not agree with all of this Terms, then You are expressly prohibited from using the Services and You must discontinue use immediately.
   4. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
   5. Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.
   6. We reserve the right, in our sole discretion, to make changes or modifications to this Terms from time to time. We will alert You about any changes by updating the “Last updated” date of this Terms and You waive any right to receive specific notice of each such change. It is Your responsibility to periodically review this Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.



4. User Accounts

   1. You may access to use certain features of the Services without registering or creating an account. Access as a guest is limited and subject to the restrictions outlined in this Terms. As a guest user, you acknowledge and agree that your access to the Services, functionalities, and content may be restricted compared to registered users and you may not be able to save preferences, history, or personalized settings across different sessions.
   2. You are required to register and create an account to have either the basic or full access to the Services.
   3. Illustration to the Application’s access as set out below:

   No	Level	Access	Doctor Info	Hospital Info	Insight Corner	Trending	Referral	Health Info	Appointment	Store	Loyalty	Favorite	My Record	My Bill
   1	Guest	Limited Access	✔	✔	✔	✔
   2	Registered User	Basic Access	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔
   3	Registered User with KYC	Full Access	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔	✔

   4. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. You will maintain the accuracy of such information and promptly update such registration information as necessary. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
   5. You agree to keep your password confidential and will be responsible for all use of your Account and password. You also agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
   6. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
   7. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
   8. You will not use the Services for any illegal or unauthorized purpose.
   9. Your use of the Services will not violate any applicable law or regulation.



5. Dependent Module

   Dependent is a minor under the age of 18

   1. Only a Parent or Legal Guardian of a minor under the age of 18 ("Minor") may add the Minor as a dependent to their user account. This allows access to the Minor’s medical reports, billing information, lab results, imaging reports, the ability to make hospital appointments, child vaccinations and any other features that may be introduced or updated in this Application from time to time.
   2. A "Parent" or "Legal Guardian" refers to an individual with the legal authority to make decisions regarding the Minor's well-being, including healthcare, under the Guardianship of Infants Act 1961 and other applicable laws in Malaysia. By registering a Minor as a dependent, the Parent or Legal Guardian affirms their authority to make such decisions on behalf of the Minor, including the sharing of the Minor's personal information.
   3. The Parent or Legal Guardian may add the Minor as a dependent to their user account by providing the required information, including the Minor’s name, date of birth and any other relevant details as requested by the Application. The Parent or Legal Guardian agrees to ensure that this information remains accurate and up-to-date.
   4. The services offered through the dependent module in this Application include but not limited the following:
      1. Access to Minor’s medical report, imaging report and lab result - The Parent or Legal Guardian shall have access to the Minor’s medical reports, imaging reports and lab results. By adding the Minor as a dependent, the Parent or Legal Guardian consents to the collection and processing of the Minor’s personal health information for the purpose of medical reports, imaging reports and lab results;
      2. Access to billing and payment - Any medical billing associated with the Minor’s care will be processed through the Parent or Legal Guardian’s user account. The Parent or Legal Guardian agrees to be responsible for the payment of any medical charges incurred through the services provided to the Minor; and
      3. Making appointments with the hospital - The Parent or Legal Guardian may schedule hospital appointments on behalf of the Minor using this Application. Any appointments made through the Application will be considered as requested by the Parent or Legal Guardian.
   5. We are committed to protecting the privacy of the Minor’s personal information. All data related to the Minor’s personal information, medical history and reports will be stored and processed in compliance with the applicable Act. The Parent or Legal Guardian agrees to the collection, use and disclosure of such information in accordance with Our Privacy Policy.
   6. The Parent or Legal Guardian may delete the Minor from their dependent status at any time by accessing their user account settings. We reserve the right to terminate or suspend the Minor’s dependent status if any of the provided information is found to be inaccurate or fraudulent.
   7. By accessing or using this dependent module, You acknowledge that You have read and agreed to be bound by these Terms. You also acknowledge that You are the Parent or Legal Guardian of the Minor and have the legal authority to provide consent for their inclusion in the dependent module.

   Dependent is a person at the age of 18 and above

   8. Only a Parent or Legal Guardian of a person at the age of 18 and above may add that person as a dependent to their User Account ("Dependent aged 18 and above"). This allows the Parent or Legal Guardian the ability to make hospital appointments and any other features that may be introduced or updated in this Application from time to time.
   9. A "Parent” or “Legal Guardian" under paragraph 5.8 until 5.14 refers to an individual who has been authorized by the Dependent aged 18 and above or appointed by a Court order to act on their behalf. The Parent or Legal Guardian is responsible for ensuring that the Dependent aged 18 and above has given consent for the Parent or Legal Guardian to act on their behalf.
   10. Subject to the consent provided by the Dependent aged 18 and above, the Parent or Legal Guardian may add the Dependent aged 18 and above as a dependent to their User Account by submitting the required information, including the Dependent aged 18 and above’s name, date of birth, and any other relevant details as requested by the Application. By submitting the Dependent aged 18 and above's details, the Parent or Legal Guardian confirms that they have received consent from the Dependent aged 18 and above or have the legal right to provide such details on the Dependent aged 18 and above’s behalf. The Parent or Legal Guardian agrees to ensure that this information is kept accurate and up-to-date.
   11. The Service offered through the dependent module (Dependent aged 18 and above) in this Application is limited to only the Parent or Legal Guardian making appointments with the hospital on behalf of the Dependent aged 18 and above. Any appointments made through the Application will be considered as requested by the Parent or Legal Guardian.
   12. We are committed to protecting the privacy of the Dependent aged 18 and above’s personal information. All data related to the Dependent aged 18 and above’s personal information, medical history and reports will be stored and processed in compliance with the applicable Act. The Parent or Legal Guardian is responsible for ensuring that the Dependent aged 18 and above agrees to the collection, use and disclosure of such information in accordance with Our Privacy Policy.
   13. The Parent or Legal Guardian may delete the Dependent aged 18 and above from their dependent status at any time by accessing their User Account settings. We reserve the right to terminate or suspend the Dependent aged 18 and above’s dependent status if any of the provided information is found to be inaccurate or fraudulent.
   14. By accessing or using this dependent module, You acknowledge that You have read and agreed to be bound by these Terms. You also acknowledge that You are the Parent or Legal Guardian of the Dependent aged 18 and above and are responsible for ensuring that the Dependent aged 18 and above has provided consent for their inclusion in the dependent module.



6. Content

   1. Your Right to Post Content
      1. Our Services allows You to post Content. You are responsible for the Content that You post to the Services, including its legality, reliability, and appropriateness.
      2. (By posting Content to the Services, You grant Us the unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, modify, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, distribute, excerpt (in whole or in part) and exploit your Content (including, without limitation, your image, name, and voice) for any lawful purpose, commercial, advertising or otherwise, to prepare derivative works of, or incorporate into other works, your Content, and to sublicense the licenses granted in this paragraph without acknowledgment or compensation to you. Our use and distribution may occur in any media formats and through any media channels.
      3. You retain any and all of Your rights to any Content You submit, post or display on or through the Services and You are responsible or protecting those rights.
      4. You agree that this license includes the right for Us to:
         1. make Your Content available to other users of the Services, who may also use Your Content subject to this Terms; or
         2. use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images You provide.
      5. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in this Terms, (ii) the posting of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person And (iii) warrant and represent that your Content do not constitute confidential information.
      6. You understand that Your Content may be viewable by other users of the Services.
      7. You are solely responsible for your Content and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this section, (ii) any third party’s intellectual property rights, or (iii) applicable law.
   2. Content Restrictions
      1. The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your Account, whether done so by You or any third person using Your Account.
      2. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
         1. Unlawful or promoting unlawful activity;
         2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
         3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
         4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
         5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
         6. Impersonating any person or entity including the Company and its employees or representatives;
         7. Violating the privacy of any third person; and/or
         8. False information and features.
   3. The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content at any time without notice if in our reasonable opinion we consider such Content harmful or in breach of this Terms. If we remove or edit any such Content, we may also suspend or disable your Account and report You to the authorities. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit, suspend, revoke or disable your Account if You post such objectionable Content and report You to the authorities.
   4. As the Company cannot control all content posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
   5. Content Backups
      1. Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
      2. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
      3. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
      4. You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.



7. Copyright Policy

   1. Intellectual Property Infringement
      1. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Services infringes a copyright or other intellectual property infringement of any person.
      2. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, You must submit Your notice in writing to the attention of us via email marketing@kpjhealth.com.my and include in Your notice a detailed description of the alleged infringement.
      3. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.



8. Intellectual Property

   1. The Services and its original content (including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services and excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors (“Intellectual Property”) as well as the trademarks, service marks, and logos contained therein (“Marks”).
   2. The Services is protected by copyright, trademark, and other laws in Malaysia.
   3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
   4. Subject to your compliance with this Terms, we grant you a non-exclusive, non-transferable, revocable license to: [
      1. access the Services; and
      2. download or print a copy of any portion of the Intellectual Property and Marks to which you have properly gained access, solely for your personal, non-commercial use and/or internal business purpose.
   5. Except as set out in this section or elsewhere in this Terms, no part of the Services and no Intellectual Property or no Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written permission.
   6. We reserve all rights not expressly granted to you in and to the Services, Intellectual Property, and Marks.
   7. Any breach of these paragraphs will constitute a material breach of this Terms and your right to use our Services will terminate immediately.



9. Your Feedback to Us

   You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.




10. Links to Other Websites and Content

    1. Our Services may contain links to third-party web sites (“Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content") that are not owned or controlled by the Company.
    2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites or Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Services or any Third Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Websites or any Third Party Content.
    3. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us.
    4. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware this Terms no longer govern. We strongly advise You to read the terms and conditions and privacy policies of any Third Party Websites or Third Party Content that You visit.



11. User Account Deletion

    1. Without limiting any other provision of this Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Terms or of any applicable law or regulation.
    2. We may terminate your use or participation in the Services or delete your Account and any content or information that you posted at any time, without warning, in our sole discretion. Upon deletion of your Account, Your right to use the Services will cease immediately.
    3. If You wish to delete Your Account, You may discontinue using the Services by:
       1. clicking on the “Delete Account” option, wait for the one time password (“OTP”), and then click “Confirm Delete”; or
       2. contacting our customer support team via marketingkpjcare@kpjhealth.com.my. Please mention “KPJ Cares Mobile App - Account Deletion” in the subject line of your email communication.
    4. The deletion of Your Account may affect your loyalty points.



12. Limitation of Liability

    1. We will not be liable to you for any form of damages or losses (including personal injury and loss of profit) that you may suffer as the result of using this Services (including Services limitations and damages, cybersecurity breach or losses resulting from internet delays) unless it is due to our gross negligence.
    2. To the maximum extent permitted by applicable law, in no event shall the Company or its Related Persons be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third party software and/or third party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if the Company or any Related Persons has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.



13. Indemnification

    You agree to defend, indemnify, and hold us harmless, including our Related Persons, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Content; (2) use of the Services; (3) breach of this Terms; (4) any breach of your representations and warranties set forth in this Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.




14. "AS IS" and "AS AVAILABLE" Disclaimer

    1. The Services is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Related Persons, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
    2. Without limiting the foregoing, neither the Company nor any of the Related Persons makes any representation or warranty of any kind, express or implied:
       1. as to the operation or availability of the Services, or the information, content, and materials or products included thereon;
       2. that the Services will be uninterrupted or error-free;
       3. as to the accuracy, reliability, or currency of any information or content provided through the Services; or
       4. that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.



15. Governing Law

    This Terms shall be governed by, and construed in accordance with the laws of Malaysia and parties to this Terms shall submit to the exclusive jurisdiction of the courts of Malaysia.




16. Disputes Resolution

    This Terms shall be governed by, and construed in accordance with the laws of Malaysia and parties to this Terms shall submit to the exclusive jurisdiction of the courts of Malaysia.




17. Severability and Waiver

    1. Severability: If any provision of this Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    2. Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.



18. Contact Us

    If you have any questions about this Terms, You can contact us by sending us an email at marketing@kpjhealth.com.my.