LAST UPDATED: 28 Sep 2017

Welcome to Switch; a software application (the "Application") provided by MiCare Sdn Bhd (Company No. 727400-M) (“MiCare”) a company incorporated under the laws of Malaysia.

IMPORTANT: PLEASE TAKE A MOMENT TO READ THE FOLLOWING TERMS OF USE AND THE Switch PRIVACY POLICY WHICH IS ACCESSIBLE HERE.

By downloading, installing, or using the Application, you agree that you have read and understood the following terms of use (these "Terms") and agree to be bound by them. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS PAGE, REFRAIN FROM ANY FURTHER USE OR ACCESS TO THE APPLICATION, AND DELETE THE APPLICATION FROM YOUR DEVICE. When using or accessing the Application, you agree that you must comply with any applicable third-party terms of agreement and any additional posted guidelines, rules, terms and conditions applicable to such use, which are hereby incorporated by reference into these Terms. These Terms are between you and MiCare.

MiCare may modify these Terms at any time by posting the revised Terms on MiCare’s website and the applicable distribution service platform (eg Google Play and Apple Appstore). You can determine when this Agreement was last revised by referring to the "LAST UPDATED" date at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Application after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the above, any changes to these Terms shall not apply to any dispute arising prior to the date of the revised Terms.

We reserve the right, at any time: to modify, suspend or discontinue the Application; charge fees in connection with the use of the Application; and/or offer certain rewards or giveaways to some or all users of the Application. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Application, in whole or in part. References to the “Application” in these Terms shall include without limitation all services, contents, and features contained in or accessible as part of the Application.

RESPONSIBILITY FOR CHARGES

You agree that you are responsible for all the charges and costs related to your use of this Application, including any data charges levied by your service provider.

DISCLAIMER:

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATION AND RELIANCE ON ANY CONTENT CONTAINED IN THE APPLICATION ARE VOLUNTARY AND ARE AT YOUR SOLE RISK.

MICARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. MICARE DOES NOT MAKE ANY GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, SECURITY, OR USEFULNESS OF ANY PORTION OF THE APPLICATION, INCLUDING THE CONTENT CONTAINED ON THE APPLICATION, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY SERVICE PROVIDERS.

THE ADVICE, RECOMMENDATIONS AND SUGGESTIONS PROVIDED TO YOU THROUGH THE APPLICATION ARE NOT INTENDED TO DIAGNOSE, TREAT, PREVENT OR CURE ANY DISEASE OR CONDITION. THEY ARE NOT INTENDED TO SUBSTITUTE THE ADVICE, TREATMENT AND/OR DIAGNOSIS OF A QUALIFIED LICENSED HEALTH PROFESSIONAL NOR SHOULD THEY IN ANY WAY ALTER THE TREATMENT PLANS OR THERAPEUTIC GOALS/RECOMMENDATIONS OF YOUR PERSONAL PHYSICIAN.

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATIONS IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATION.

LIABILITY

You agree to fully indemnify and keep MiCare and its officers, directors, employees and agents harmless from and against any and all claims, actions, proceedings, damages, expenses, costs and liabilities incurred by or attaching to MiCare in relation to or arising out of (i) your access to or use of the Application, (ii) the information you submit to the Application, or (iii) your breach of any obligations or warranties in these Terms.

YOU AGREE THAT MICARE, ITS AFFILIATES, SUB-CONTRACTORS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, HOWSOEVER ARISING, INCLUDING DAMAGES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH (i) ANY ACCESS, USE OR INABILITY TO ACCESS OR USE THE APPLICATION; (ii) ANY SYSTEM , SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT PROGRAM OR MACROS; (iii) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE OR WEBPAGE ACCESSIBLE THROUGH THE APPLICATION; OR (iv) ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THE APPLICATION OR FROM ANY OTHER PARTY REFERRED BY THE APPLICATION, EVEN IF MICARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MICARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED THE FEES AND CHARGES RECEIVED BY MICARE FROM YOU. IF MICARE HAS NOT RECEIVED ANY PAYMENT FROM YOU, THEN MICARE’S TOTAL LIABILITY WILL BE LIMITED TO RINGGIT MALAYSIA FIFTY (RM50) ONLY.

LICENCE

You acknowledge that MiCare is the rightful owner of this Application, and you agree that you will not, and will not facilitate any other party to, commit any act of infringement against this Application.

MiCare grants permission to you to use the Application for own personal use on the downloaded device and not for commercial purposes, subject to these Terms.

TRADEMARKS AND CONTENTS

Any logo, trade name, and content appearing on the Application is the property of MiCare and/or its licensors.

Except for your own information, you may not use any of them outside of the Application without the written permission of MiCare. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MiCare or its licensors, except for the licenses and rights expressly granted in these Terms.

INFORMATION SUBMITTED

You represent and warrant that any information that you submit to the Application is true, accurate and complete. With respect to any such information you submit to the Application, you grant to MiCare a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute such information in accordance with the features and functions of the Application.

Where the information submitted is intended to be accessible to other users of the Application, you represent and warrant that the information is not illegal, obscene, threatening, defamatory, infringing of any intellectual property or privacy rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political messages, commercial solicitation, or any form of "spam".

Any information you submit or otherwise collected by MiCare through your use of the Application is subject to the Switch Privacy Policy, which is part of these Terms. You can access the Switch Privacy Policy here.

You agree that MiCare reserves the right to monitor your submissions, and disclose to any third party any submissions and the circumstances surrounding its transmission for whatever reasons.

SECURITY

You are responsible for maintaining the confidentiality of any password or username assigned to you to access the Application and are responsible for all interaction with the Application that occurs with that password or username. You agree to immediately notify MiCare of any unauthorized use of your password or username and any breach of security relating to your account. MiCare will not be liable for any loss or damages resulting from the above.

THIRD PARTY SERVICES

Certain modules in the Application may provide the ability for you to obtain the services of third parties. You understand and acknowledge that any such third-party services are not part of the Application nor are such services provided by MiCare.

You understand that these Terms and the Switch Privacy Policy do not apply to any such third-party services. These third parties will have their own terms and conditions and privacy policies, and you are responsible for reading and understanding them.

REWARDS AND GIVEAWAYS

Additional terms and conditions are applicable to rewards and giveaways sponsored by MiCare and/or its partners. In the event of any dispute or disagreement over such additional terms and conditions or your entitlement to any rewards or giveaways, the decision of MiCare will be final.

TERMINATION

MiCare reserves the right to terminate or suspend your use of the Application (or any part thereof) at any time without having to give any reason.

RELATIONSHIPS

By the use of this Application, there is no relationship whatsoever intended or created between you and MiCare or any other party, be it of agency, joint venture, employee-employer; or franchiser-franchisee, and the like.

GOVERNING LAW

You agree that these Terms shall be construed in accordance with the laws of Malaysia. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of Malaysia. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the cause of action or claim arises. MiCare's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and MiCare nor any trade practices shall act to modify these Terms.

MISCELLANEOUS

MiCare may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed to have been severed from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and MiCare relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and MiCare relating to such subject matter.

CONTACT

You may contact MiCare at switch@micaresvc.com for any enquiries.