BP Care Card Loyalty Programme’s Terms & Conditions

Effective on 1st October 2016

    1.1   By subscribing for the BP Care Card Loyalty Programme, the Subscriber unconditionally agrees to be fully bound by the Terms and Conditions. The information, content and services contained in the Website and the Terms and Conditions are subject to change at any time at the sole discretion of the Company and without any prior notice.
         
    1.2   The Terms and Conditions are effective as at the date specified above and may be amended by the Company from time to time without any prior notice.
    2.1   Save and except where the context otherwise requires, the following words and expressions shall have the following meanings:
         
        “Company” means BP Diagnostic Centre Sdn. Bhd. (Company No. 255509-X);
         
        “Eligible Subscriber” means an individual must be 21 years old or above with a sound mind;
         
        “Force Majeure Event” means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), Act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors, faults or failures in telecommunication, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, computer hacking, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, unauthorized access to computer data and storage devices, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, etc;
         
        “Personal Data” has the meaning in the Personal Data Protection Act 2010 which may be amended from time to time;
         
        “Programme” means the BP Care Card Loyalty Programme offered by the Company which is aimed at providing health screening services under the Precious 15 (CC20K) Package and the Precious 20 (CC25K) Package to the Subscriber subject to the Terms and Conditions;
         
        “Precious 15 (CC20K) Package” means a package offered by the Company to the Subscriber for fifteen (15) years of care for the value of RM20,000.00 which includes a total fifteen (15) pairs (thirty (30) times) of the Services. The Subscriber may opt to subscribe for either (a) one (1) pair (two (2) times) per year or (b) two (2) pairs (four (4) times) per year. If the Subscriber opts for the latter, the total number of years of care will be adjusted accordingly;
         
        “Precious 20 (CC25K) Package” means a package offered by the Company to the Subscriber for twenty (20) years of care for the value of RM25,000.00 which includes a total twenty (20) pairs (forty (40) times) of the Services. The Subscriber may opt to subscribe for either (a) one (1) pair (two (2) times) per year or (b) two (2) pairs (four (4) times) per year. If the Subscriber opts for the latter, the total number of years of care will be adjusted accordingly;
         
        “RM” or “Ringgit Malaysia” means the lawful currency of Malaysia;
         
        “Services” means Head2Toe (H2T) health screening services and Doctor2U (D2U) mobile application services;
         
        “Subscriber” means the Eligible Subscriber who is subscribed to the Programme;
         
        “Subscriber’s Account” means the Subscriber’s subscribership account for the Programme maintained by the Company on behalf of the Subscriber in which the details of the Subscriber and the Subscriber’s Loved Ones, the Programme and the Subscriber’s medical information and report(s) will be recorded and made available therein;
         
        “Subscriber’s Loved Ones” means the three (3) nominated immediate family members of the Subscriber to the Programme of whom may include the Subscriber’s biological parents, biological siblings, biological children and spouse (excluding adopted or half-blood parents, siblings and children);
         
        “Subscription Period” means a period of fifteen (15) years or less than fifteen (15) years depending on the usage of the Services (for Precious 15 (CC20K) Package) or twenty (20) years or less than twenty (20) years depending on the usage of the Services (for Precious 20 (CC25K) Package) commencing from the eight (8)th business day after the full payment of the Subscription Fee made by the Subscriber;
         
        “Subscription Fee” means a subscription fee of RM20,000.00 for Precious 15 (CC20K) Package and a subscription fee of RM25,000 for Precious 20 (CC25K) Package;
         
        “Terms and Conditions” means the terms and conditions contained herein which govern the Programme; and
         
        “Website” means the relevant website in relation to the Programme maintained by the Company.
         
    2.2   The clause headings are for ease of reference only and shall not be used in the construction thereof.
         
    2.3   All references to a statue or to any guideline or directive, or any clause of or other provision of a statue, guideline or directive, include any modification, extension, re-enactment or replacement thereof in force at any particular time and in respect of a statue includes all regulations, rules, orders, directives, notices and other instruments then in force and made under or deriving validity from the relevant statue or clause.
         
    2.4   Except where otherwise stated, any reference to “law” includes constitution, decree, judgment, legislation, order, ordinance, regulation, statute, treaty, by-law, governmental directions, orders or guidelines or other legislative measures in Malaysia.
         
    2.5 All references to the singular number shall include references to the plural number and vice versa.
         
    2.6   Words denoting masculine gender include the feminine and neuter genders and vice versa.
         
    2.7   All references to “include” and “including” shall be construed without limitation.
         
    2.8   Words applicable to natural persons include any body of persons, companies, corporations, firms or partnership, corporate or incorporate or vice versa.
         
    2.9 No rule of construction shall apply to the disadvantage of one party merely because that party was responsible for the preparation of the Terms and Conditions.
    3.1   In consideration of the full payment of the Subscription Fee by the Subscriber to the Company, the Company hereby agrees to offer and the Subscriber agrees to subscribe to the Programme.
    4.1   The Company hereby agrees to offer and the Subscriber hereby agrees to subscribe to the Programme for the Subscription Period. The Subscriber’s rights in the Programme shall automatically lapse upon the expiry of the Subscription Period and the Subscriber shall have no further rights or claims whatsoever against the Company under the Terms and Conditions.
    5.1   Notwithstanding anything to the contrary herein, the Programme shall only come into full force and be legally binding on the Company upon the eight (8)th business day after the full payment of the Subscription Fee made by the Subscriber.
    6.1   The Subscriber hereby irrevocably and unconditionally acknowledges that:
         
        (a) the Company may refuse an application for the Programme for whatsoever reason and/or on any ground as it deems fit;
         
        (b) in the event of death of the Subscriber, his or her rights and benefits under the Programme shall cease with immediate effect and will be transferred to the Subscriber’s Loved One 1. In such circumstance, the Subscriber hereby procures that the Subscriber’s Loved One 1 shall comply with the Terms and Conditions. For the avoidance of doubt, in the event of death of the Subscriber’s Loved One 1, his or her rights and benefits under the Programme shall cease with immediate effect. In such circumstance, the Subscriber’s Loved One 1’s rights and benefits under the Programme will not be transferred to the remaining Subscriber’s Loved Ones or any other third party and the remaining Subscriber’s Loved Ones will have no further rights or claims whatsoever against the Company under the Terms and Conditions;
         
        (c) once the Subscriber’s Loved Ones are nominated by the Subscriber and the relevant details have been entered into or registered with the Subscriber’s Account or the Company’s system or database, the nomination of the Subscriber’s Loved Ones are not subject to change, alteration or replacement in any event including not but limited to the death or permanent disability of the Subscriber’s Loved Ones or a divorce/termination/dissolution of marriage between the Subscriber and any of the Subscriber’s Loved Ones; and
         
        (d) in the event that the Subscriber does not use one (1) pair (two (2) times) of the Services per year during the Subscription Period for whatsoever reason, such unused or unutilised services shall not be carried forward to the following year.
         
    6.2   Without prejudice to Clause 6.1 (b) and save and except under circumstances permitted by the Company, the Subscriber’s rights under the Programme are not transferrable, assignable or exchangeable or redeemable for cash or other forms.
    7.1   The Subscriber shall not abuse or misuse the Services under the Programme, including but not limited to:
         
        (a) engage in any illegal or fraudulent activities;
         
        (b) supply or attempt to supply any false or misleading information, or make any misrepresentation to the Company; and
         
        (c) sell, assign or transfer, or offer to sell, assign or transfer any of his or her rights and benefits under the Programme other than in accordance with the Terms and Conditions.
         
    7.2   The Subscriber shall be responsible for regularly checking his or her Subscriber’s Account and keep his or her personal details up to date. The Subscriber shall notify the Company of any changes, omissions or incorrect details as soon as he or she becomes aware of any of them. The Company shall not responsible for any failure by the Subscriber to notify the Company of any such changes, omissions or incorrect details or for any incorrect information notified to the Company.
    8.1   The Company reserves the sole and absolute right to:
         
        (a) add, amend and/or vary the Services for the Programme during the Subscription Period without assigning any reasons whatsoever and without any prior notice; and/or
         
        (b) suspend the operation of the Subscriber’s Account and/or terminate the Subscriber’s subscribership without assigning any reasons whatsoever and without any prior notice.
    9.1   Notwithstanding anything to the contrary herein stated, the Subscriber understands and agrees that in the event the Company decides at any time to discontinue, suspend, cancel, withdraw or terminate the Programme for any reason whatsoever, the Terms and Conditions, shall forthwith be terminated upon the receipt of a notice by the Subscriber from the Company of any such discontinuation, suspension, cancellation, withdrawal or termination of the Programme and the Subscriber shall have no further rights or claims whatsoever against the Company under the Terms and Conditions.
    10.1   The Subscriber hereby irrevocably and unconditionally agrees to give consent to the Company:
         
        (a) to collect, store, hold, transfer (within or outside Malaysia), administer and process his or her Personal Data including but not limited to his or her name, NRIC No./Passport No., contact details, medical history, information and medical report(s) for the Company’s internal use and records;
         
        (b) to disclose and release his or her Personal Data to the relevant government authorities and agencies, where it is required under the law which the Company may deem necessary; and
         
        (c) to perform the Services.
         
    10.2   The Subscriber hereby procures that the Subscriber’s Loved Ones to give consents to the Company:
         
        (a) to collect, store, hold, transfer (within or outside Malaysia), administer and process their Personal Data including but not limited their names, NRIC No./Passport No., contact details, medical histories, information and medical reports for the Company’s internal use and records;
         
        (b) to disclose and release their Personal Data to the relevant government authorities and agencies, where it is required under the law which the Company may deem necessary; and
         
        (c) to perform the Services.
         
    10.3   The Subscriber further irrevocably and unconditionally agrees and undertakes not to hold the Company and/or any of its directors, shareholders, officers, consultants, employees, servants or agents liable or responsible for the disclosure or release of his or her and/or the Subscriber’s Loved Ones’ medical information and/or report(s) to the relevant government authorities and agencies and/or where it is required under the law.
    11.1   The Subscriber irrevocably and unconditionally agrees to use the Subscriber’s Account and the Services at his or her own risk. The Company expressly disclaims all representations and warranties about the accuracy, completeness, timeliness or efficacy of the content of the Website and the Subscriber’s Account for the Programme, and assumes no liability or responsibility to the Subscriber.
         
    11.2   The Subscriber further irrevocably and unconditionally agrees that his or her access to, and use of the Website, the Subscriber’s Account and the Services are on an “as-is”, “as available” basis and the Company specifically disclaims any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose and non-infringement.
    12.1   The Subscriber irrevocably and unconditionally acknowledges and agrees that the Company shall not be liable to him or her for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of, or resulting from, (a) the use or the inability to use the Subscriber’s Account, the Website and the Services; (b) the use of any content or other material on or through the Subscriber’s Account, the Website and the Services, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or site purchased or obtained or messages received or transactions entered into through or from the Subscriber’s Account, the Website and the Services; (d) unauthorized access to or alteration of the Subscriber’s transmissions or data; (e) statements, services or conduct of any third party on or through the Subscriber’s Account, the Website and the Services; or (f) any other matter relating to the Subscriber’s Account, the Website and the Services including but not limited to the failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. In no event shall the Company total liability to the Subscriber for any and all damages, losses, and causes of action (whether in contract, tort including but not limited to negligence or otherwise) exceed the amount paid by the Subscriber to the Company for the Programme. If any portion of this limitation of liability is found to be invalid, the Company’ liability shall be limited to the extent permitted by applicable law.
         
    12.2   The Subscriber further irrevocably and unconditionally agrees and undertakes to fully and wholly discharge and release the Company and its affiliates, directors, shareholders, officers, consultants, employees, servants or agents of any and all responsibilities and liabilities of whatsoever arising, directly or indirectly, from the Services or the result thereof or from any advice or suggestion given by any officers, consultants, employees, servants or agents of the Company prior to, during or after the Services are completed. The Subscriber understands, agrees and accepts that he or she is advised to seek independent medical advice of his or her own choice and at his or her own cost on the health screening results and any medical treatment or care that may be required. The Company shall also not be liable in any manner whatsoever and howsoever for any inaccuracy or error in the test results resulting from any technical error of the Services.
    13.1   The Subscriber agrees to defend, indemnify, and to hold harmless the Company, together with its directors, shareholders, officers, consultants, employees, servants or agents from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to: (a) his or her use of the Services or the Website or the Subscriber’s Account or his or her inability to use the Services or the Website or the Subscriber’s Account; or (b) an allegation that the Subscriber violated any representation, warranty, covenant or condition in the Terms and Conditions.
    14.1   The Company shall not be liable to the Subscriber as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of the Force Majeure Event.
    15.1   The Terms and Conditions are governed by and shall be construed in accordance with the law of Malaysia and all disputes shall be subject to the exclusive jurisdiction of the courts of Malaysia.
    16.1   The Subscriber agrees to defend, indemnify, and to hold harmless the Company, together with its directors, shareholders, officers, consultants, employees, servants or agents from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to: (a) his or her use of the Services or the Website or the Subscriber’s Account or his or her inability to use the Services or the Website or the Subscriber’s Account; or (b) an allegation that the Subscriber violated any representation, warranty, covenant or condition in the Terms and Conditions.
         
    16.2   A right, power, authority, discretion or remedy created or arising upon a breach of or default under the Terms and Conditions shall not be waived by any failure or delay in the exercise, or a partial exercise, of that or any other right, power, authority, discretion or remedy.
    17.1   In case if any one or more provisions contained in the Terms and Conditions or any application thereof shall be invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions contained herein and other applications thereof shall not in any way be affected or impaired thereby.
    18.1   Nothing in the Terms and Conditions is intended to, or shall be deemed to establish any partnership or joint venture or agency relationship for any purpose.