Terms of use

These terms of use ("Terms of Use") are a legal agreement between you and Health4U Solutions Sdn. Bhd. (Company No. 1148648-W) , a company duly incorporated under the laws of Malaysia having its business address at Suite 6.03A, Level 6, Menara OBYU, 4, Jalan PJU 8/8A, Damansara Perdana, 47820 Petaling Jaya, Selangor Darul Ehsan, Malaysia (hereinafter referred to as "BookDoc", "we" or "us" as the context may require) for the use of the BookDoc Activ mobile application ("BookDoc Activ") and any website operated by BookDoc (the "BookDoc Website(s)") including, without limitation, https://BookDoc.com/.

These Terms of Use set out important information regarding your rights and obligations in connection with BookDoc Activ and BookDoc Website(s). Please read them carefully. In particular, we draw your attention to the limitations of liability contained in Section 15 and to our Privacy Policy which is referred to in Section 2 below.

By downloading, installing or using BookDoc Activ or accessing the BookDoc Website(s), you agree to these Terms of Use and our Privacy Policy which shall bind you. If you do not agree with these Terms of Use and our Privacy Policy (as defined below), do not download, install or use BookDoc Activ or BookDoc Website(s).

BookDoc permits you to use BookDoc Activ and BookDoc Website(s) solely in accordance with these Terms of Use. BookDoc retains ownership of BookDoc Activ and BookDoc Website(s) at all times.

These Terms of Use apply to the use of any updates or changes to BookDoc Activ and BookDoc Website(s) that we may issue from time to time.

  1. The licences granted to you for the use of BookDoc Activ and BookDoc Website(s) BookDoc grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the "Licences"):

    (i) download, install and use BookDoc Activ, and any updates to it provided by BookDoc from time to time, in object code form for your personal use only on a compatible mobile device owned or controlled by you; and

    (ii) access and browse the BookDoc Website(s) for your personal use only.

    BookDoc may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing the BookDoc Website(s) and BookDoc Activ and to delete any copies of BookDoc Activ held by you.

  2. Your consent to the processing of personal data

    By downloading, installing or using BookDoc Activ or BookDoc Website(s) and/or by submitting personal data to BookDoc, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy, a copy of which is available at the following link https://BookDoc.com/privacy (the "Privacy Policy"). Our Privacy Policy explains how we process the personal data we collect in connection with your use of BookDoc Activ and BookDoc Website(s).

  3. User age restrictions

    BookDoc Activ and BookDoc Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use BookDoc Activ and BookDoc Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 18, you must have obtained the consent of your parent or legal guardian to your use of BookDoc Activ and BookDoc Websites(s) subject to our Privacy Policy and provided reasonable evidence of this to us using the contact details specified in Section 9 below.

  4. Rights to BookDoc Activ, BookDoc Website(s) and their content

    All intellectual property rights and other rights in or to BookDoc Activ and BookDoc Website(s), and any content of either, made available by or on behalf of BookDoc and its licensors, belong to and remain at all times with BookDoc and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to BookDoc Activ or BookDoc Website(s) or any contents of either. "BookDoc Activ" is the trading name of one of BookDoc's product offering and we hold registered and unregistered trade mark rights in respect of this name.

    BookDoc Activ and BookDoc Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to BookDoc Activ and BookDoc Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to BookDoc Activ or BookDoc Website(s) is granted by us.

    Where you submit any content whatsoever ("Content") to BookDoc Activ or BookDoc Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to BookDoc Activ, BookDoc Website(s), our business and our partners from time to time, in accordance with our Privacy Policy.

    We welcome any feedback or suggestions for improvements relating to BookDoc Activ, BookDoc Website(s) and/or any related products and services offered by us from time to time ("Feedback"). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.

    Save as expressly permitted by us in these Terms of Use, you must not use the content on BookDoc Activ or BookDoc Website(s) (other than content that is submitted by you to BookDoc Activ) for any commercial purpose without obtaining written permission from us to do so first.

  5. Use of BookDoc Activ

    In order to use BookDoc Activ, you must create a user account (a "BookDoc Activ Account"). You are responsible for all uses of your BookDoc Activ Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your BookDoc Activ Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your BookDoc Activ Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

    Your BookDoc Activ Account logs details of all BookDoc Activ Points (as defined in Section 6 below) generated by you. Please review your BookDoc Activ Account regularly. If you identify any erroneous transaction or unexpected activity on your BookDoc Activ Account, or you believe that the security of your BookDoc Activ Account has been compromised, you must let us know as soon as possible.

    Different membership tiers may apply to the BookDoc Activ Accounts of different users and, depending on the membership tier you hold, your entitlement to access functionality of BookDoc Activ or rewards may vary.

    When using BookDoc Activ on your mobile device, you acknowledge and agree that BookDoc Activ operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

    The Internet connection required to use BookDoc Activ, and any associated charges (e.g. mobile data expenses) incurred by your use of BookDoc Activ are your exclusive responsibility and made solely at your expense. Transmitting and receiving data to and from BookDoc Activ, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your internet-access device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

  6. BookDoc Activ Points

    "BookDoc Activ Points" are units of exchange that users of BookDoc Activ may generate through verified physical movement (e.g. steps). BookDoc Activ Points will be used to determine the different membership tiers as provided in the FAQ section of BookDoc Activ. The BookDoc Activ Points will determine the products, services and other benefits redeemable via BookDoc Activ Rewards, to the extent that such products, services and other benefits are offered by our Partner/affiliates. Except for those redemption items specifically mentioned in the BookDoc website or BookDoc Activ, you acknowledge and agree that BookDoc Activ Points may not be used for any other purposes.

    All BookDoc Activ Points are generated by the verified physical movement of users of BookDoc Activ. BookDoc Activ Points will never be generated by any other means. We reserve the right to invalidate BookDoc Activ Points that we have reason to believe have been created by any other means and to suspend or disable BookDoc Activ Accounts used in contravention of these Terms of Use.

    We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of movement, movement verification algorithms and amounts of verified movement that must be undertaken by users in order to generate BookDoc Activ Points using BookDoc Activ (for example, and without limitation, we may alter from time to time the verification algorithm or the number of verified steps required to generate a certain category of BookDoc Activ Points). Details of eligibility criteria and the volumes of verified movement required to generate BookDoc Activ Points from time to time are provided within the FAQ section of BookDoc Activ. Movement verification conducted by our algorithms is considered final and cannot be revised or reversed.

    We reserve the right to impose charges in relation to the use of BookDoc Activ in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via BookDoc Activ. The currency and amount of any such charges may be determined by us in our absolute discretion.

  7. Acceptable Use

    You agree that you shall not:

    1. seek to generate BookDoc Activ Points by any means other than your genuine physical movement meeting the eligibility criteria specified by BookDoc from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate BookDoc Activ Points on your behalf;
    2. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell BookDoc Activ or BookDoc Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;
    3. operate more than one BookDoc Activ Account;
    4. use BookDoc Activ or BookDoc Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into BookDoc Activ or BookDoc Website(s);
    5. reproduce, frame, display or mirror BookDoc Activ or BookDoc Website(s) other than as a necessary consequence of their normal operation by you;
    6. infringe our intellectual property rights or those of any third party in relation to your use of BookDoc Activ or BookDoc Website(s);
    7. transmit any material that is defamatory, explicit, offensive or otherwise objectionable on BookDoc Activ or BookDoc Website(s);
    8. use BookDoc Activ or BookDoc Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
    9. employ any technology that interferes in any way with the proper operation of BookDoc Activ or BookDoc Website(s), including by blocking any advertising or promotions displayed thereon; or
    10. collect or harvest any information or data from BookDoc Activ or BookDoc Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

    If we discover any breach of this Section 7 by you, we may immediately suspend or terminate your access to BookDoc Activ and remove and delete any content from BookDoc Activ or BookDoc Website(s) violating this Section 7.

  8. Changes and updates to BookDoc Activ and BookDoc Website(s)

    BookDoc reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to BookDoc Activ and/or BookDoc Website(s), and/or (ii) alter the functionality or contents of BookDoc Activ and/or BookDoc Website(s) with or without notice to you.

    We may issue updates to BookDoc Activ from time to time. Depending upon the nature of the update, you may not be able to continue to use BookDoc Activ until you have downloaded the latest version of BookDoc Activ.

  9. Contacting us

    In relation to any matters concerning BookDoc Activ and BookDoc Website(s), including any feedback, questions, complaints or claims, please contact us by email to 'care@BookDoc.com'

    BookDoc welcomes any feedback you may have on BookDoc Activ.

  10. No warranty

    BookDoc Activ and BookDoc Website(s) are provided "as is" and "as available" without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of BookDoc Activ, BookDoc Website(s) or the contents of any of them. BookDoc does not warrant or undertake that use and availability of BookDoc Activ and BookDoc Website(s) will be uninterrupted or error-free.

    TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO BOOKDOC ACTIV OR BOOKDOC WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF BOOKDOC IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

  11. Third Party Content

    For your convenience BookDoc may include in BookDoc Activ or BookDoc Website(s) links to other sites on the internet that are owned or operated by third parties ("Third Party Websites"). You also agree that BookDoc has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

    BookDoc Activ and BookDoc Website(s) may include content submitted by other users of BookDoc Activ and BookDoc Website(s) ("Third Party Content"). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

    The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

  12. No Medical Advice

    BookDoc Activ allows you to track and verify your physical movement, generate BookDoc Activ Points to determine your membership tier for entitlement to redeem selected goods, services and other benefits. THE SERVICES WE PROVIDE DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, ANY FORM OF MEDICAL ADVICE OR OPINION. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. BookDoc Activ is not a tool for the diagnosis or prevention of disease. We do not endorse any third party products or services listed on BookDoc Activ or BookDoc Activ Rewards and, where these relate to your health, you should always take appropriate medical advice before using them. YOUR USE OF BOOKDOC ACTIV AND BOOKDOC ACTIV REWARDS DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND BOOKDOC.

  13. Changes and updates to the Terms of Use

    We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website https://BookDoc.com/ and on BookDoc Activ, so that you are always aware of the terms and conditions for the use of BookDoc Activ and BookDoc Website(s). If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use and our Privacy Policy on BookDoc Activ or BookDoc Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use BookDoc Activ or any BookDoc Website(s) you agree to be bound by such change or update.

    From time to time we may make available additional terms or guidance in relation to the usage of BookDoc Activ or BookDoc Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use BookDoc Activ or any BookDoc Website(s).

  14. BookDoc Activ Rewards

    BookDoc Activ enables our BookDoc Partner/affiliates to offer goods, services and other benefits to other users that may be redeemed based on BookDoc Activ Points (such functionality being the "BookDoc Activ Rewards").

    Where you use BookDoc Activ Rewards to redeem goods, services or other benefits, any such transaction is entered into directly between you and the BookDoc Partner/affiliate or the legal person making available the relevant goods, services or other benefits to you. Without limiting the effect of these Terms of Use in any way, transactions taking place on the BookDoc Activ Rewards are subject to the legal terms of the party offering the relevant goods, services or other benefits on BookDoc Activ Rewards (including as stated in the actual listing), and we and our Partner/affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on BookDoc Activ Rewards.

    You agree that BookDoc has no responsibility for any goods, services or other benefits offered by any BookDoc Partner/affiliates or similar third party on the BookDoc Activ Rewards. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by BookDoc Partner/affiliates, the truth or accuracy of their offers, their ability to provide any goods, services or other benefits offered, or that a BookDoc Partner/affiliate or similar third party will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our Partner/affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of the BookDoc Activ Rewards. Our operation of the BookDoc Activ Rewards should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any BookDoc Partner/affiliate.

    BookDoc is entitled to alter the selection of goods, services and other benefits on offer, and the membership tiers required to redeem any such goods, services or other benefits offered, on the BookDoc Activ Rewards, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion.

    You agree that we may remove any listing or offer on the BookDoc Activ Rewards at any time in our absolute discretion. All goods, services or other benefits listed on the BookDoc Activ Rewards are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the BookDoc Partner/affiliates listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via the BookDoc Activ Rewards only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.

    You agree that disputes in relation to any goods, services or other benefit redeemed via the BookDoc Activ Rewards shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.

    We welcome feedback on BookDoc Activ Rewards participants. In the event that we determine in our absolute discretion that any fraud has occurred or any BookDoc Partner/ affiliate or user has breached these Terms of Use or refused or failed to honour an offer of goods, services or any other benefit it has listed on the BookDoc Activ Rewards that has been duly redeemed by a user and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to suspend or terminate the use of BookDoc Activ by any user(s).

    You agree that we and our Partner/affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on the BookDoc Activ Rewards that we have not participated in.

    We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on the BookDoc Activ Rewards is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that is redeemed using the BookDoc Activ Rewards.

  15. Limitation of liability

    You acknowledge that BookDoc Activ has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of BookDoc Activ meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with BookDoc Activ, BookDoc Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, BookDoc Activ or BookDoc Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of BookDoc Activ Points or change of the membership tier requirements by us.

    We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph. Our maximum aggregate liability under or in connection with these Terms of Use (including, without limitation, in relation to your use of BookDoc Activ and BookDoc Activ Rewards) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to US Dollar One (USD $1.00), provided that nothing in these Terms of Use shall limit or exclude our liability for:(i) death or personal injury resulting from our negligence;(ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by Malaysian law.

  16. General

    We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

    If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    These Terms of Use and their subject matter and formation, are governed by Malaysia law. You and we both agree that the Courts of Malaysia will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.