Term Of Use
Utopia Care Coordinator Sdn. Bhd. – Website Terms of Use & Service Agreement**
Last Updated: 1 January 2025
1. Acceptance of Terms & Agreement Structure
1.1. These Terms of Use (“Terms”), together with our Customer PDPA Notice (Privacy Notice) (collectively, the “Agreement”), govern your access to and use of the Utopia Care Coordinator Sdn. Bhd. (“we,” “us,” “our,” or “Utopia Care Coordinator“) website [http://www.utopiacc.com.my] (the “Website“) and our healthcare care coordination services (the “Services“).
1.2. By accessing the Website, submitting a consultation request, or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. If you are acting on behalf of a care recipient (“Recipient“), you represent and warrant that you have the full authority to bind the Recipient to these Terms.
2. Description of Services & No Medical Advice
2.1. Utopia Care Coordinator provides professional healthcare coordination and navigation services in Malaysia. Our Services include, but are not limited to: scheduling medical appointments, providing insurance claims assistance and advisory, offering hospital companion services, coordinating post-surgery recovery care, and managing medical tourism logistics.
2.2. Our Services are administrative, logistical, and supportive in nature. We are NOT a licensed healthcare provider, and our Care Coordinators are NOT acting as doctors, nurses, or personal caregivers. Our Services do not include the provision of medical advice, diagnosis, or treatment.
2.3. YOU ACKNOWLEDGE THAT OUR SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE. You are solely responsible for seeking diagnosis, treatment, and medical advice from qualified healthcare professionals. Any information we relay is for coordination purposes and should not be construed as medical opinion.
3. Personal Data & Privacy
3.1. We are committed to protecting your personal data in compliance with the Personal Data Protection Act 2010 (PDPA). Our Customer PDPA Notice (provided separately and incorporated herein by reference) details how we collect, use, disclose, and protect your personal and sensitive personal data (collectively, “Personal Data“).
3.2. By using our Services, you consent to our collection and processing of your Personal Data for the purposes outlined in our Customer PDPA Notice, which includes processing your service requests, providing customer support, and for quality assurance purposes.
3.3. Service Recordings: For quality assurance, training, and safety purposes, we may (with prior notice) make audio or video recordings during certain service interactions (e.g., initial consultations). By proceeding with such interactions, you consent to these recordings as detailed in our Customer PDPA Notice.
4. Service Engagement, Payment & Cancellation
4.1. Consultation & Booking: Submitting a “Free Consultation” request does not create a binding service contract. A formal engagement begins upon your acceptance of a written service proposal or package confirmation from us.
4.2. Payment Terms: Fees for our Services (“Service Fees“) are as quoted in your service proposal or package details. Unless otherwise stated:
* Payment for single or trial sessions is due within twenty-four (24) hours of invoice issuance.
* Payment for monthly packages is due within three (3) days of the monthly invoice date.
* We may require a deposit for certain long-term packages.
4.3. Cancellation by You:
* You may cancel any scheduled coordination session by providing at least twenty-four (24) hours prior notice via phone or email. Failure to provide timely notice will result in a 100% charge for the scheduled session.
* For monthly packages, termination requires thirty (30) days written notice. No refunds or pro-ration are provided for unused sessions within a billing period.
4.4. Substitution: If your assigned Care Coordinator is unavailable, we will make reasonable efforts to provide a substitute. If no substitute is available, you will not be charged for the affected session.
5. Transportation & Logistics
5.1. Our service packages may include standard round-trip transportation within specified kilometre limits as part of our logistic coordination.
5.2. If transportation is provided using a vehicle arranged by us or a third-party provider, you agree that the Recipient travels as a passenger at their own risk. We expressly disclaim liability for any accidents, delays, or damages occurring during transportation.
5.3. Transportation in vehicles not arranged by us (e.g., the Recipient’s personal car) is outside the scope of our Services and liability.
6. Intellectual Property
All content on the Website (text, graphics, logos, etc.) is our property or licensed to us and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our prior written permission.
7. Disclaimer of Warranties & Limitation of Liability
7.1. “As Is” Basis: The Website and Services are provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2. Limitation of Liability: To the fullest extent permitted by law:
* We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including lost profits, data, or personal injury) arising from your use of the Services or Website.
* Our total liability for any claim related to this Agreement shall not exceed the total Service Fees you have paid to us in the six (6) months preceding the event giving rise to the claim.
7.3. Good Samaritan Clause: Our Care Coordinators are not emergency medical responders. In the event of a medical emergency, they will attempt to contact emergency services. We shall not be liable for any outcomes resulting from acts or omissions during an emergency, and our personnel shall be entitled to the full benefit of any “Good Samaritan” laws.
8. Indemnification
You agree to indemnify and hold harmless Utopia Care Coordinator, its directors, employees, and agents from any claims, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services or Website; (b) your violation of this Agreement; or (c) your lack of authority to bind the Recipient.
9. General Provisions
9.1. Governing Law & Jurisdiction: This Agreement is governed by the laws of Malaysia. Any disputes shall be subject to the exclusive jurisdiction of the courts in Kuala Lumpur.
9.2. Amendments: We reserve the right to modify this Agreement. Changes will be posted on our Website with an updated “Last Updated” date. Your continued use after posting constitutes acceptance.
9.3. Notice: We may provide notice via email, WhatsApp, or posting on the Website. Such notice is deemed given 24 hours after sending (electronic) or 3 business days after mailing (postal).
9.4. Assignment: We may assign this Agreement to an affiliate, successor, or acquirer without your consent.
9.5. Severability: If any provision is found invalid, the remainder of the Agreement remains in full force.
9.6. Entire Agreement: This Agreement, together with our Customer PDPA Notice and any signed service proposal, constitutes the entire understanding between you and Utopia Care Coordinator.
10. Contact Us
For questions about these Terms or our Services:
Email: enquiry@utopiacc.com.my
WhatsApp: +60123386198 (8am – 8pm)
Address: B7-4-3, Block B Megan Salak Park, Jalan 1/125E, Taman Desa Petaling, 57100 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia