By using the Platform (as defined in Clause 2 below) or the Jobs Platform (as defined in Clause 2 below), as the case may be, you agree that you have read and fully understood the Terms of Service which are applicable to you for your usage of the Platform or the Jobs Platform (as the case may be) and that you shall at all times fully accept and be bound by the Terms of Service. The Terms of Service shall form a legally binding contract between you and Locum.
Locum (as defined in Clause 2 below) shall have the absolute and sole discretion and rights to at any time change, amend, alter, vary, substitute, add and/or remove any of the terms herein. Unless stated otherwise, such changes, amendment, alteration, variation, substitution, addition and/or removal shall take effect immediately once Locum has posted on the Platform or the Jobs Platform (as the case may be) of the same.
You shall review the Terms of Service on a regular basis. Your continued usage of the Platform after such changes, amendment, alteration, variation, substitution, addition and/or removal signify and constitute your acceptance of such changes, amendment, alteration, variation, substitution, addition and/or removal irrespective of whether you have or have not reviewed such changes, amendment, alteration, variation, substitution, addition and/or removal.
If you do not agree to the Terms of Service or any changes, amendment, alteration, variation, substitution, addition and/or removal to the Terms of Service, you shall not use or forthwith discontinue the usage of the Platform or the Jobs Platform (as the case may be).
For avoidance of doubt, newer versions of the Terms of Service shall always supersede older versions of the Terms of Service.
DEFINITIONS
Balance Payment means the remaining of the Service Fee paid by User for an Order after deducting Commission therefrom;
Cancellation Fee means five percent (5%) of the Service Fee which shall be deducted from the Service Fee for an Order in the event where the User cancelled the Order after a Request Job from a Service Provider had been accepted by the User and the rate of Cancellation Fee is subject to increment, changes or adjustment as determined by Locum from time to time;
Commission means the fee charged by Locum on Service Provider for the Service Provider’s usage of the Jobs Platform which is twenty percent (20%) of the Service Fee paid by User for each Order that had been successfully requested by Service Provider through Request Job and the rate of Commission is subject to increment, changes or adjustment as determined by Locum from time to time;
Request Job means the request by Service Provider to User to carry out or perform the Order posted by User;
Jobs Platform means the mobile application known as Oncall12 Jobs where Service Provider can make a Request Job;
Locum means Locum Management Sdn Bhd, its subsidiaries and any of its affiliate companies;
Non-Working Day means Saturday, Sunday, all Bank Holidays, States Holidays and National Holidays irrespective of whether such holidays are gazzetted or non-gazzetted holidays;
Order means the order placed by User on the Platform specifying, among others, the nature, type and length of service, qualification and expertise required and the amount of Service Fee that will be paid and it will also be available at the Jobs Platform for Service Provider to make a Request Job;
Platform means the mobile application known as Oncall12 where User can post Order;
Remaining Payment means the remaining of the Balance Payment after Locum making the necessary deduction arising from complaints lodged by User;
Services means the services provided by Locum to the User and Service Provider as stated in Clause 11b) below and the Services shall be one of reasonable effort standard;
Service Fee means the amount to be paid by User for every Order and if applicable, it may subject to a service tax of six percent (6%) which may change in accordance to law;
Service Provider means the party making Request Job in respect of the Order posted by User and complying and fulfilling the demand and requirements of the User in accordance to the Order of the User if the Request Job had been accepted by the User;
User means the party posting Order on the Platform; and
Wallet means the place in the Jobs Platform where the Balance Payment or the Remaining Payment (as the case may be) will be released to and Service Provider shall make a request before money in the Wallet can be withdrawn.
REPRESENTATIONS, WARRANTIES & UNDERTAKINGS
Usage of the Platform or the Jobs Platform (as the case may be) is limited to parties that can enter into and form contracts under the applicable Law. Therefore, by using the Platform or the Jobs Platform (as the case may be), you hereby agree, represent, warrant and undertake that:
you are of at least 18 years of age and fully capable of validly entering into the contract with Locum and performing your obligations hereunder;
you are not a bankrupt and there is no suit, legal proceedings, claims, demands or bankruptcy proceedings presently current, pending or threatened against you, as the case may be, which affect your ability to observe or perform your obligations under this Agreement; and
you have no affiliation with any Locum employee which may result in a potential or actual conflict of interest.
As a User (as defined in Clause 2 above), you further agree, represent, warrant and undertake that:-
you shall provide true, accurate and complete information when you register an account with Locum and maintain and update your information as and when there are changes to keep your information true, accurate and complete at all times whilst you maintain an account with Locum;
you shall provide Locum with any documents or information which may be reasonably expected from you or requested or required by Locum;
in the event where the documents and/or information you provide is false, inaccurate and/or incomplete and/or in the event where you had refused to provide such documents and/or information which may be reasonably expected from you and/or requested or required by Locum, Locum has the absolute right and power but not obligation to terminate this Agreement and restrict you from using the Platform in future;
you shall treat the Service Provider (as defined in paragraph 2 above) in an appropriate and respectful manner and shall not intentionally or unintentionally cause or inflict or attempt to cause or inflict harm to the Service Provider in any manner whatsoever;
you shall notify Locum of any complaint against the Service Provider and submit to Locum proof to substantiate such complaint as soon as practicable but in any event, no later than twenty-four (24) hours after the date of completion of the Order (as defined in paragraph 2 above) had been completed and any complaints lodged thereafter shall not be entertained by Locum;
you shall assist Locum with any investigations carried out by Locum in respect of the complaint lodged by or against you and Locum’s decision in respect of the complaint lodged by or against you shall be final;
you shall assume full responsibility and liability for all losses and damages suffered by yourself, the Service Provider, Locum and/or such other parties as a result of your breach and/or non-compliance of the Terms of Service;
you shall use the Platform for lawful, moral and authorized purposes only and Locum has the absolute right and power but not obligation to terminate this Agreement and restrict you from using the Platform in future in the event where you had used the Platform for unlawful, immoral and/or unauthorized purposes;
you shall not assign, transfer, sell or allow other party to use your account without the prior written consent of Locum and similarly, you shall not buy or use other User’s account without the prior written consent of Locum;
you shall at all times keep your account password secure and confidential and notify Locum immediately in the event of any unauthorized usage of your account or any breach of security in respect of your account;
you shall comply with all laws, bylaws, rules, regulations when using the Platform and shall not abuse, misuse, impair, harm, jeopardize and commercially exploit the Platform or cause the Platform to be abused, misused, impaired, harmed, jeopardized and commercially exploited in any manner whatsoever;
you shall not use the Platform to cause nuisance, annoyance, inconvenience, to make fake or insincere Order and defraud Locum, the Service Provider and any other party in any manner whatsoever;
you shall not copy, reproduce, share or distribute any materials or contents from the Platform including but not limited to the personal information of the Service Provider without the prior written permission from Locum;
you shall not contact the Service Provider for any purposes under any circumstances after the Order has been completed; and
you shall fully indemnify and keep Locum fully indemnified from and against all claims, actions, liabilities, responsibilities, losses, damages, costs (including but not limited to legal fees and expenses on an indemnity basis) whatsoever incurred or suffered by Locum as a result of any breach or non-compliance of the Terms of Service by you.
As a Service Provider, you further agree, represent, warrant and undertake that:-
you shall provide true, accurate and complete information when you register an account with Locum and maintain and update your information as and when there are changes to keep your information true, accurate and complete at all times whilst you maintain an account with Locum;
you shall provide Locum with any documents, information, qualifications, licenses and/or approvals which may be reasonably expected from you or requested or required by Locum;
in the event where the documents, information, qualifications, licenses and/or approvals you provide is false, inaccurate and/or incomplete and/or in the event where you had refused to provide such documents, information, qualifications, licenses and/or approvals which may be reasonably expected from you and/or requested or required by Locum, Locum has the absolute right and power but not obligation to terminate this Agreement and restrict you from using the Platform in future;
you shall use your best endeavour to fulfil the Order of the User;
you shall not without just cause and reason cancel your Request Job (as defined in Clause 2 above) after the User had accepted your Request Job;
you shall treat the User in an appropriate and respectful manner and shall not intentionally or unintentionally cause or inflict or attempt to cause or inflict harm to the User in any manner whatsoever;
you shall notify Locum of any complaint against the User and submit to Locum proof to substantiate such complaint as soon as practicable but in any event, no later than twenty-four (24) hours after the date the Order had been completed and any complaint lodged thereafter shall not be entertained by Locum;
you shall assist Locum with any investigations carried out by Locum in respect of the complaints lodged by or against you and Locum’s decision in respect of the complaints lodged by or against you shall be final;
you shall assume full responsibility and liability for all losses and damages suffered by yourself, the User, Locum and/or such other parties as a result of your breach and/or non-compliance of the Terms of Service;
you shall use the Platform for lawful, moral and authorized purposes only and Locum has the absolute right and power but not obligation to terminate this Agreement and restrict you from using the Platform in future in the event where you had used the Platform for unlawful, immoral and/or unauthorized purposes;
you shall not assign, transfer, sell or allow other party to use your account without the prior written consent of Locum and similarly, you shall not buy or use other User’s account without the prior written consent of Locum;
you shall at all times keep your account password secure and confidential and notify Locum immediately in the event of any unauthorized usage of your account or any breach of security in respect of your account;
you shall comply with all laws, bylaws, rules, regulations when using the Platform and shall not abuse, misuse, impair, harm, jeopardize and commercially exploit the Platform or cause the Platform to be abused, misused, impaired, harmed, jeopardized and commercially exploited in any manner whatsoever;
you shall not use the Platform to cause nuisance, annoyance, inconvenience, to make fake or insincere Order and defraud Locum, the User and any other party in any manner whatsoever;
you shall not copy, reproduce, share or distribute any materials or contents from the Platform including but not limited to the personal information of the User without the prior written permission from Locum;
you shall not contact the User for any purposes under any circumstances after the Order has been completed; and
you shall fully indemnify and keep Locum fully indemnified from and against all claims, actions, liabilities, responsibilities, losses, damages, costs (including but not limited to legal fees and expenses on an indemnity basis) whatsoever incurred or suffered by Locum as a result of any breach or non-compliance of the Terms of Service by you.
ORDER AND REQUEST JOB
User shall disclose and provide all relevant information and details as may be reasonably expected and required from User in order for the Service Provider to carry out the service requested by User including but not limited to the type, nature and length of service, expertise and qualification required from the Service Provider, equipment, kit and tools that User requires Service Provider to bring when carry out or perform the Order (if applicable) and the amount that User for the Order;
It is the sole obligation and responsibility of User to ensure that all of User’s requirements and demands had been stated clearly and precisely when posting the Order;
Once an Order is Posted, Service Provider can make a Request Job from the User and the User is at liberty to accept or reject the Request Job from the Service Provider;
There is no limitation as to the number of Order that can be posted by User;
There is no limitation as to the number of Request Job that can be made by Service Provider; and
No variation of Order can be made once an Order is posted.
CANCELLATION & REFUND
User may cancel any Order that have not been requested by Service Provider and also any Order that have been requested by Service Provider but yet to be accepted by User at any time without any charges;
User shall be subject to a Cancellation Fee (as defined in Clause 2 above) for any cancellation of Order that had been requested by the Service Provider and accepted by the User;
The Cancellation Fee shall be deducted from the Payment (as defined in Clause 2 above) by User for the Order and the remaining of the Payment after such deduction shall be refunded to the User through crediting to the bank account number provided by the User or such other methods deemed reasonable by Locum within seven (7) working days from the date of cancellation of the Order by User;
In the event of a cancellation of an Order after acceptance of a Request Job by User, Service Provider is not entitled to any money, payment or compensation whatsoever from Locum and User;
Service Provider may cancel a Request Job for an Order both before and after such Request Job had been accepted by the User and in such event, the Payment shall be refunded fully to the User through crediting to the bank account number provided by the User or such other methods deemed reasonable by Locum within seven (7) working days from the date of cancellation of the Request Job by the Service Provider;
There shall be no repercussion on the Service Provider who had cancelled Request Job before acceptance of the Request Job by the User;
For Service Provider who had cancelled Request Job after Request Job had been accepted by User without just cause and reason, Locum has the sole and absolute right and power to suspend, with or without notice to the Service Provider, the account of the Service Provider for a period deem fit and necessary by Locum;
For Service Provider who had cancelled Request Job for more than three (3) occasions after Request Job had been accepted by User irrespective of whether such cancellation is with or without just cause and reason, Locum has the sole and absolute right and power to, with or without notice, forthwith terminate this Agreement and/or restrict the Service Provider from using the Job Platform in future;
Any decision by Locum against the Service Provider in respect of the Service Provider’s cancellation of Request Job after acceptance by User shall be final; and
User is not allowed any form of money, payment or compensation whatsoever from Locum and Service Provider in the event where the Service Provider cancelled the Request Job after User accepted the Request Job.
SERVICE FEE
User shall pay the Service Fee immediately using the automated payment methods available on the Platform once a Request Job from a Service Provider has been accepted by the User;
Locum charges Commission (as defined in Clause 2 above) for the Service Provider’s usage of the Job Platform;
In the event where no complaint has been lodged by User against the Service Provider within twenty-four (24) hours from the date of completion of the Order, Balance Payment (as defined in Clause 2 above) shall be released to the Wallet (as defined in Clause 2 above) of the Service Provider within seven (7) days from the date of completion of the Order by the Service Provider;
In the event where complaint has been lodged by User against the Service Provider within twenty-four (24) hours from the date of completion of the Order, Balance Payment or the Remaining Payment (as defined in Clause 2 above) (as the case may be) shall be released to the Wallet of the Service Provider within seven (7) days from the date when the said investigation concluded;
Service Provider shall submit a request in order to withdraw money from the Wallet and it takes at least twenty-four (24) hours for Locum to process and approve with such request; and
Irrespective of the date of approval by Locum of the request by the Service Provider to withdraw money from the Wallet, money in the Wallet can only be withdrawn by Service Provider on every Wednesday (which is subject to change at the sole and absolute discretion of Locum) and in the event where such Wednesday falls on a Non-Working Day (as defined in Clause 2 above), then money in the Wallet can only be withdrawn on the next working day.
COMPLAINT
Any complaint shall be lodged within twenty-four (24) hours from the date of completion of the Order by e-mail to [email protected] and any complaint lodged thereafter shall not be entertained;
You shall assist Locum with any investigations carried out by Locum in respect of the complaint lodged by or against you and Locum’s decision in respect of the complaint lodged by or against you shall be final; and
Locum has the sole and absolute power and rights but not obligation to take the necessary actions against you in respect of the complaint lodged against you including but not limited to a suspension of your account for the period of time deemed fit and proper by Locum, a permanent restriction of your access and usage to the Platform or the Jobs Platform (as the case may be) and/or making the necessary deductions from Balance Payment (which is only applicable to Service Provider).
RATING & REVIEW
User may be allowed to rate and review Service Provider in respect of the performance of the Order;
Service Provider may be allowed to rate and review User in connection with the Order;
Every rating and review will be automatically logged onto Locum’s system and may be made available to the public through the Platform or the Jobs Platform, as the case may be; and
Locum is entitled to but not obligated to analyse all ratings and reviews received.
CONFIDENTIALITY
You shall treat as confidential all information available to you or provided by Locum to you in relation to its business, operations and service. All confidential information available to you or provided by Locum to you shall be used by you solely for the purposes of carrying out the terms of this Agreement and shall not be disclosed by you to any third party without the prior written consent of Locum;
Notwithstanding the foregoing, you may disclose Locum’s information if it is required by law, regulation or legal process for you to do so or such information is or has become part of the public domain through no act or omission of yours.
PERSONAL DATA PROTECTION ACT 2010 (“PDPA”)
For the purposes of the PDPA, you consent to Locum, its subsidiaries and any of its affiliate companies collecting, recording, storing, using and processing personal data, as defined by PDPA, concerning and relating to you including but not limited to any sensitive personal data and such personal data can include, but shall not be limited to the information provided by you on the Platform or the Jobs Platform (as the case may be); and
You agree, acknowledge and consent that Locum may disclose your personal data to other individuals and/or entities in the course of your usage of the Platform or the Jobs Platform, as the case may be.
INDEMNITY & DISCLAIMER
By using the Platform or the Jobs Platform (as the case may be), you hereby agree, warrant and undertake that you shall fully indemnify and keep Locum fully indemnified from and against all claims, actions, liabilities, responsibilities, losses, damages, costs (including but not limited to legal fees and expenses on an indemnity basis) whatsoever incurred or suffered by Locum as a result of any breach or non-compliance of the Terms of Service by you.
Locum merely provides the following Services:-
the Platform for User to post Order;
the Jobs Platform for Service Provider to make Request Job;
collecting and processing payment once User accepted the Request Job by Service Provider;
charging and processing Cancellation Fee in the event where User cancelled the Order after the User had accepted the Request Job by the Service Provider;
processing refund to User in the event where Service Provider cancelled Request Job after User accepted Request Job and in the event where User cancelled the Order after the User had accepted the Request Job by the Service Provider;
processing and approving request by Service Provider to withdraw money from Wallet;
investigation works in connection to the complaints lodged by User against Service Provider and vice versa; and
other services ancillary to the Services.
The Services provided by Locum shall be one of reasonable effort standard and Locum shall not be liable and responsible in any manner whatsoever and under whatsoever circumstances for any direct, indirect and/or consequent damages and losses suffered by you as a result of your usage of the Platform or the Jobs Platform (as the case may be) and the Services;
Locum shall have the sole and absolute discretion and/or power in determining the scope of Services provided and in the case of any dispute, the decision of Locum shall be final;
Except as set out herein, Locum is not involved in the actual transaction between the Service Provider and User who shall use the Platform or the Jobs Platform (as the case may be) at their own risk and Locum shall not be responsible and/or liable in any manner whatsoever in relation to the using of the Platform by User and the Jobs Platform by Service Provider;
Locum shall not be liable and shall have no responsibility with respect to the legality of transactions occurring between the Service Provider and the User and you hereby undertake and/or warrant that all transactions shall be lawful and in compliance with the Laws (including but not limited to anti money laundering regulations) and further undertake and/or warrant to indemnify and keep Locum fully indemnified from and against all claims, actions, losses, damages, costs (including but not limited to legal fees and expenses on an indemnity basis) whatsoever incurred or suffered by Locum as a result of any abuse and/or misuse of the Platform or the Jobs Platform (as the case may be) by you;
Locum makes no representation or warranty of any kind whatsoever, whether express or implied, for any Order available on the Platform or the Jobs Platform (as the case may be); and
You agree that you shall bear all risk arising out of your usage of the Services and Platform or the Jobs Platform (as the case may be) and shall have no recourse whatsoever to Locum in respect of the same in any manner whatsoever.
MISCELLANEOUS
The singular includes the plural and vice versa, as the context may require;
The headings are inserted for convenience only and will be ignored when construing this Agreement;
The term “including” or “include” will mean “including, without limitation”, unless the context otherwise requires;
Unless otherwise agreed to in writing the terms and conditions herein contained constitute the sole and entire agreement and understanding among you and Locum and shall supersede all previous representations, proposals, negotiations, commitments and understandings which might have been made prior to this Agreement between you and Locum with respect to the subject matter hereof, whether written or oral or otherwise;
The remaining provisions of this Agreement shall remain in full force and effect even if any provision of this Agreement is declared by any judicial or other Competent Authority to be void, voidable, illegal or otherwise unenforceable;
Time for the performance of the obligations under this Agreement, whenever stated in this Agreement, shall be of the essence;
Unless otherwise provided in this Agreement, all notices, requests, demands, complaints and other communications hereunder must be in writing and will be deemed to have been fully given and received if sent by e-mail to [email protected];
You shall not assign, transfer or subcontract all or any part of your rights and/or obligations deriving from this Agreement without the prior written consent of Locum whereas Locum may assign, transfer or subcontract all or part of its rights and/or obligations deriving from this Agreement;
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, representative relationship or exclusivity between you and Locum;
Nothing in this Agreement will be construed as giving any third party any rights whatsoever;
Notwithstanding any other provision in this Agreement to the contrary, nothing contained herein will oblige Locum or you to engage in any action or omission to act which would be prohibited by or penalized under the Laws in Malaysia;
The failure of Locum to exercise its rights or power or discretion will not be considered as or amount to a waiver or its rights or power or discretion under the Terms of Service or under the Laws;
Locum shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay or failure to perform any of the obligations due to an event of Force Majeure including but not limited to any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest, disease outbreak, pandemic and/or epidemic or any events beyond the reasonable control of Locuma and upon the occurrence of any event of Force Majeure, Locum may, at its discretion and option, fully or partially suspend delivery and/or performance of its obligations hereunder while such event or circumstance continues;
Locum may give you notice through posting on the Platform and the Jobs Platform (as the case may be), electronic mail to the email address you provide to Locum or by written notice sent by prepaid registered mail to the address you provide to Locum and such notice shall be deemed to sufficiently served on you:-
if through the Platform or the Jobs Platform (as the case may be), immediately upon posting;
if through electronic mail, immediately upon sending the electronic mail; and
if through prepaid registered mail, upon the expiration of three (3) days from the date the mail was posted by Locum.
This Agreement shall be governed by and construed in all respect in accordance with the laws of Malaysia and you hereby submit to the jurisdiction of the courts of the States of Malaysia of competent jurisdiction in all matters concerning with the obligations and liabilities under this Agreement.
