LEGAL – USER TERMS
PLEASE SEEK LEGAL ASSISTANCE AND LEGAL ADVICE IF YOU NEED ANY ASSISTANCE IN UNDERSTANDING ANY OF THESE TERMS AS THIS IS A LEGALLY BINDING CONTRACTUAL AGREEMENT
Babyz Breath is a trading name of Urbancare Solutions Sdn. Bhd., a private limited liability company established in Malaysia, having it’s office at Solaris Dutamas, Mont Kiara, Malaysia, registered at the Suruhanjaya Syarikat Malaysia (SSM) or in English Language known as Companies Commission of Malaysia under number 1181125-P. Babyz Breath name and logo are trademark registered with the Intellectual Property Corporation of Malaysia (MyIPO) (An agency under the Ministry of Domestic Trade, Co-operatives and Consumerism).
These contractual agreement is between you, a user of Babyz Breath site (“user”) and Babyz Breath. As a user, you acknowledge and accept that Babyz Breath and Urbancare Solutions Sdn. Bhd. does not provide any Services as set out section 2, the meaning of Services. All Services are provided through a third party. All final arrangements and agreements that will be provided for Services,
are concluded between you, user and the third party provider of Services. This means that you, user are entering into a separate legally binding agreement with a third party provider of Services, thereby, excluding all liabilities of Babyz Breath and the company Urbancare Solutions Sdn. Bhd in the event of any occurrence of death, negligence, or any other disputes and claims which may arise. Babyz Breath and Urbancare Solutions Sdn. Bhd. will not be liable in any way.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
PLEASE SEEK LEGAL ASSISTANCE AND LEGAL ADVICE IF YOU NEED ANY ASSISTANCE IN UNDERSTANDING ANY OF THESE TERMS AS THIS IS A LEGALLY BINDING CONTRACTUAL AGREEMENT
Your access and use of the Services constitutes your agreement to accept and be bound by these Terms, which establishes a contractual relationship between you and Babyz Breath. You are the authorised person to make the booking for the services and the payments due.
If you do not agree to these Terms, you must not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Babyz Breath 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 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.
Babyz Breath may amend the Terms related to the Services from time to time. Amendments will be effective upon Babyz Breath’s posting of such updated Terms at this site or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- THE SERVICES
The Services consists of constitute a technology platform that enables third party providers of Babyz Breath provided as part of the Services to:
i. Arrange and schedule prenatal care services with an independent third party providers at a centre of such services, including independent third party prenatal care services providers under the agreement with Babyz Breath or certain of Babyz Breath’s affiliates.
ii. Arrange and schedule postnatal care services with an independent third party providers at a centre of such services, including independent third party postnatal care services providers under the agreement with Babyz Breath or certain of Babyz Breath’s affiliates.
iii. Arrange and schedule massages with an independent third party providers at a centre of such services, including independent third party massage services providers under the agreement with Babyz Breath or certain of Babyz Breath’s affiliates.
iv. Arrange, schedule, prepare and deliver food with an independent third party providers at a centre of such services, including independent third party food services providers under the agreement with Babyz Breath or certain of Babyz Breath’s affiliates.
v. Arrange and schedule beauty treatments with an independent third party providers at a centre of such services, including independent third party beauty treatment providers under the agreement with Babyz Breath or certain of Babyz Breath’s affiliates.
You acknowledge that Babyz Breath does not provide any of the services or any advices on postnatal care, prenatal care, massages, beauty treatments, food handling and food preparation and that all such services and/ or advices are provided by independent third party partners who are not employed by Babyz Breath or any of its affiliates.
HEALTH SCREENING AND VACCINATIONS.
The services provided by independent third party providers of Babyz Breath does not undergo mandatory health screening and/or vaccinations. Health screening and/or vaccinations are to be done voluntarily by the independent third party providers.
Independent third party providers are to self-declare that he or she is fit to carry out the Services as required on the sign up agreement. Self-declaration by the independent third party provider that he or she is fit to carry out the Services are not to be conclusive and definite in any way, it only provides an overall general level of competence that the independent third party provider of Services are generally fit to carry out the Services.
Babyz Breath will not be liable in any way:
i. if the independent third party provider of the Services is not fit to perform the duties,
ii. if the independent third party provider of the Services falsely self-declares that he or she is fit to carry out the Services,
iii. if any sickness is passed on to anyone in contact with the independent third party service providers.
4. BACKGROUND QUESTIONNAIRE
Third party provider of Services of Babyz Breath are required to declare truthfully any questions on the background questionnaire in the sign up agreement. Babyz Breath will not be conducting background checks on independent third party provider of Services.
As Babyz Breath is not conducting any background checks and solely relying on the truthfulness of the independent third party provider of Services, as such, Babyz Breath and Urbancare Solutions Sdn. Bhd. are not liable in the event the third party partner has a criminal and/or civil record or any pending trials that is prejudicial to the Services provided.
EXCLUSION OF LIABILITY DURING AND AFTER THE COURSE OF PROVIDING SERVICES
Third party provider provides the services to the user of Babyz Breath. Hence, during the course of Services it is private and confidential between the third party provider of Services and the user of Babyz Breath.
Babyz Breath and Urbancare Solutions Sdn. Bhd. cannot be liable in any way during and after the course of Services as the Services are provided by an independent third party provider of Babyz Breath. Babyz Breath and Urbancare Solutions Sdn. Bhd. cannot be held liable for any products used during and after the course of Services or any treatments or products recommended by third party provider of Services.
Babyz Breath will not be responsible or be required to pay for any products or Services purchased by third party provider of Services.
FIXING THE DATE TO PROVIDE THE SERVICES
The third party provider of Services will list the available dates to perform the Services on Babyz Breath site for the user of Babyz Breath and in turn the third party provider of services will send a confirmation by email or other means of communications to the user of Babyz Breath that the selected Services are confirmed.
PAYMENT BY THE USER OF BABYZ BREATH
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider of Services (“Charges ”). All Charges are to be paid by the user of Babyz Breath. Charges will be inclusive of applicable taxes where required by law. Charges paid by users of Babyz Breath are final and non-refundable. Babyz Breath will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. All Charges are due:
i. immediately; or
ii. by paying a deposit initially with the balance of payment due on
a. the estimated delivery date or the actual delivery date whichever is earlier
b. 5 days before the booked date for the Services to be performed;
iii. by a selected instalment payment method unless stated otherwise and the payment will be facilitated by Babyz Breath using the preferred payment method designated in your Account. Babyz Breath does not in our own capacity to provide instalment packages to users of Babyz Breath. Ezypayment or instalment payments are facilitated by Babyz Breath on behalf of a third party that is Ipay88. Third party provider of Services will receive the required payment due by Babyz Breath as agreed in the sign up agreement. Third party provider of Services has no responsibility or obligations with any instalment facilitated by Babyz Breath. All instalment payment methods are interest free, however, Babyz Breath do impose a one-time administrative fee for installment payments.
All payments are to be paid into Urbancare Solution Sdn. Bhd. bank account. The bank account details are as follows:-
Name of Account: URBANCARE SOLUTIONS SDN. BHD.
Account Number: 5122 5956 3278
Failure to make the necessary payments on time will result in the booked Services be cancelled and any payments that had been taken will not refunded under any circumstances.
Babyz Breath reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Babyz Breath’s sole discretion.
You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider of Services who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary unless otherwise stated. After you have received the Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
All transportation charges are not included at the time of listing of the total price for Services which are clearly stated at the time of booking for a Service unless otherwise stated. All transportation charges are to be borne by the user of Babyz Breath. Third party Service providers are obligated to notify Babyz Breath for transportation charges that third party provider of Services wish to charge users of Babyz Breath. Transportation charges may vary depending on the amount that the third party provider of Services wish to charge.
If the user of Babyz Breath is required to pay third party provider of Services in cash terms when third party provider of Services arrived at the destination to provide the Services to the user of Babyz Breath the third party provider of Services must notify Babyz Breath in advance of such term. Additionally, third party provider of Services are required to produce a copy of a receipt to the user of Babyz Breath.
Any charges that are more than Ringgit Malaysia (RM) 300.00 will be require to make a deposit payment. The amount of deposit that will be taken will be 30% (thirty per cent) of the total amount of Charges to be paid. Deposit that has been paid by the user of Babyz Breath will not be refunded. Any balance payments other than deposit that has been paid by the user of Babyz Breath will also not be refunded.
ALL BOOKINGS FOR SERVICES ARE NOT CONFIRMED UNTIL USER RECEIVES A CONFIRMATION AND ALL BOOKINGS ARE BASED ON FIRST COME FIRST SERVED BASIS
All bookings for services are not confirmed until you, user receives a confirmation from Babyz Breath that the desired third party provider of services has agreed to carry out the services on the selected date. All bookings for the preferred third party provider of services are based on a first come first served basis.
In the event that the third party provider of Services is unable to perform, all payments including deposits will be refunded to the user of Babyz Breath.
CANCELLATION OF SERVICES BY USERS
Deposit that has been paid by the user of Babyz Breath will not be refunded. Any balance payments other than deposit that has been paid by the user of Babyz Breath will also not be refunded.
REPLACEMENT OF THIRD PARTY PROVIDER OF SERVICES
Third party provider of Services may find another provider of Services to replace them. However, this is subjected to the user’s consent and approval to accept a different provider of Services. Replacement of third party provider of Services will be providers that has been registered and are partners with Babyz Breath. In the event, if a replacement third party provider is not registered with Babyz Breath, user of Babyz Breath has the right to accept or reject the replacement. If the user accepts the replacement third party provider, Babyz Breath excludes any and all liabilities that may arise from the acceptance of the replacement third party provider. If the user rejects the replacement third party provider, the user will be refunded any payments that has been made to Babyz Breath.
RESTRICTIONS OF USAGE
You must not:
- remove any copyright, trademark, notices, or designs from any portion of the Services;
- reproduce, modify, distribute, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services of Babyz Breath except those that are expressly permitted by Babyz Breath;
- decompile, reverse engineer or disassemble the Services;
- hinder or disrupt in any manner the operations and/or functionality of any aspect of the Services;
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
- disseminate any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
THIRD PARTY SERVICES AND CONTENT
The services and all rights shall remain Babyz Breath’s property. Neither these terms nor your use of the services convey or grant to you any rights. You are not allowed to use, copy, modify or reference in any manner of Babyz Breath’s company names, logos, product, copyrights of the images, designs of Babyz Breath site, trademarks or services marks or anything else on Babyz Breath site.
To become a user of Babyz Breath, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Babyz Breath certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or debit card or accepted payment partner). In addition, account registration will require you to agree to these whole list of Terms and conditions. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid payment method, will result in your inability to access and use the Services and Babyz Breath will have the right to terminate your account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must only possess one Account. You are not allowed to use different email accounts to open a new user Account.
USER ACCOUNTS CONDUCT
You must not transfer your Account to any other person or entity. You must agree to comply with all applicable laws when using the Services, and you must only use the Services for lawful purposes.
In certain circumstances, you may be required to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or any other unruly behaviour and conduct, whether to the Third Party Provider or any other party.
By creating an Account, you agree that the Services may send you text messages (SMS) as part of the normal business operation of your use of the Services. You may opt-out from receiving text messages (SMS) from Babyz Breath at any time by contacting Babyz Breath notifying that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. However, you must provide an alternative communication method that Babyz Breath can contact you easily and instantly. You acknowledge that opting out from receiving text (SMS) messages and not providing an alternative communication method may impact your use of the Services.
PROMOTIONAL CODES or cash vouchers
Babyz Breath may in its sole discretion create promotional codes or cash vouchers that may be redeemed by the user of Babyz Breath. The promotional codes or cash vouchers will be subject to additional terms that Babyz Breath establishes on a promotional code or cash voucher. The promotional codes or cash vouchers must be used for the intended purpose and in a lawful manner. The promotional codes or cash vouchers must not be duplicated, sold or transferred in any manner, or made available to anyone else. Babyz Breath may terminate the promotional codes or cash vouchers any time without any reasons to be given and Babyz Breath cannot be held liable. The promotional codes or cash vouchers are not valid for cash. Babyz Breath reserves the right to withhold or cancel any credits given to the user of Babyz Breath in the event Babyz Breath determines or believes that the use or redemption of the promotional code or cash vouchers was in error, fraudulent, illegal, violation of the intended purpose or violation of the promotional code or cash vouchers terms or these Terms.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. You are responsible for your mobile network’s data and messaging rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services any updates thereto. Babyz Breath does not guarantee that the Services will function on any particular hardware or devices. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Babyz Breath will not be responsible for any malfunctions or glitches that happens when you access Babyz Breath site.
USER PROVIDED CONTENT
Babyz Breath may in its sole discretion, permit you to submit, upload, publish or otherwise make available to Babyz Breath through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions.
You must not provide any content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Babyz Breath in its sole discretion, and if any of these contents are provided Babyz Breath will remove the content from the user account and may remove the user account at any time and no notice needs to be given to you.
TIME AND DATE
All dates and time are to follow Malaysian time that is UTC/GMT +8 hours unless otherwise stipulated.
Babyz breath disclaims all representations and warranties, expressly and/or impliedly which are not expressly set out in these Terms.
Babyz Breath 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.
Babyz breath 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
In any event, Babyz Breath and Urbancare Solutions Sdn. Bhd. excludes all liability. However, your rights as a consumer will always be protected under the applicable laws of Malaysia.
These Terms and conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved by the courts of Malaysia.
Babyz Breath may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Babyz Breath by physical written communication to Babyz Breath’s address at A4-2-7, Solaris Dutamas Publika, Jalan Dutamas 1, Mont Kiara, 50480 Kuala Lumpur, Malaysia.
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.