SP InstaCare Terms of Use

Last Revised: 15th May 2022

SmartPeep Sdn. Bhd. (“SmartPeep”, “we”, “us” or “our”) (Business Registration Number: 1205302-X) operates the website located at www.smartpeep.ai and the SP InstaCare mobile application (the “Application”) with links to these Terms of Service. By accessing a Platform, you acknowledge that you have read and understood the Terms and agree to be bound by them in respect of the access and use of such Platform.

Acceptance of Terms of Use

We are pleased to offer the SP InstaCare (“the Application”), a mobile application that provides family members a platform to stay connected with their loved one’s updates anytime anywhere. It also helps the care provider to enable transparent communication between itself and family members. Specifically, the application provides a hub that connects a care home, care recipient, and family member together in a team in order to facilitate communication and supportive care for the benefit of the caregiver and care recipient. 

Please read the following Terms before using SP InstaCare. By checking the box on the SP InstaCare application during the registration process which reads “I agree to SP InstaCare’s Terms of Use and Privacy Policy,” you acknowledge that you have read, and that you understand, agree with and are legally bound by these Terms.

SmartPeep periodically reviews the Terms and reserves the right to amend the Terms at any time without prior notice to you. Amendments will be effective immediately upon the posting of the modified Terms. Your continued access or use of the Application after such posting confirms your acceptance of the then-current terms, as amended.

SmartPeep shall be entitled at any time to add, change or withdraw any of the functions available or to be made available on the Application at its own discretion.

Permitted Users of the SP InstaCare

By accessing the Application, you represent and warrant that:

  1. you are of legal age of majority to contract in the jurisdiction in which you reside and in any event, no less than 18 years of age; and
  2. you are legally capable and permitted to accede to the Terms.

Permitted Use of the Application

The content available through the Service (the “Content”) is the sole and exclusive property of SmartPeep. Use of the Application, Service or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under Malaysia or international law. You agree not to access the Service by any means other than the SP InstaCare mobile phone application and will not extract data beyond the scope of what is available through this service. You may not further copy, duplicate, reproduce, modify, distribute, display, perform or create derivative works from any part of the Application, Service or the Content, including by automated or other types of data mining. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Application or Service. You agree not to engage in any activity at any time with the Services that risks disclosing an individual’s identity.

Privacy Policy

Please review the Privacy Policy for the Application and Service at (URL to be confirmed). If you do not agree with the Privacy Policy by clicking “I agree to SmartPeep’s Terms of Use and Privacy Policy” at registration, you will not be able to access the Service. The Privacy Policy is part of these Terms of Use.

Proprietary Rights

  1. Content available on the Application (including information, communications, software, images, videos, and sounds contained on or available through the Application) is provided by SmartPeep. The intellectual property rights to or over the contents available on the Application belong to SmartPeep. All rights are reserved. You must not reproduce, modify, transfer, distribute, republish, download, post, or transmit in any form or by any means, including electronic, mechanical photocopying or recording, any of the content available on the Application without the prior written permission of SmartPeep. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Application may not be used for commercial purposes or distributed commercially.
  2. You may view, store, print and display the content available on the Application solely for your personal, non-commercial use.
  3. Your access to or use of the Application should not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the logos or service marks appearing on the Application without SmartPeep’s prior written consent. You may not, without SmartPeep’s prior written consent, use any of such logos or service marks as a hyperlink to the Application or any other website or platform.
  4. You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Application or create derivative works based on any of the Platforms. 

Indemnity

You agree to indemnify, defend and hold SmartPeep, its directors, employees, officers, representatives, service providers and others in concert with it (collectively, the “Indemnified Parties”), harmless from and against any loss, liability, claim or demand, action, judgment, damage, cost and expense of whatever nature (including legal costs on a full indemnity basis) which any or all of the Indemnified Parties may incur or suffer due to or arising out of or in connection with your access to or use of the Application, your violation of any of these Terms of use, or the rights of SmartPeep or any third party.

User Materials

  1. Any content or views posted, shared, transmitted or otherwise made available by users through the Site or Services (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. SmartPeep does not endorse any User Materials nor vouch for their reliability. Under no circumstances will SmartPeep be liable in any way for any User Materials.
  2. You acknowledge that SmartPeep may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, SmartPeep and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in SmartPeep’s sole discretion. SmartPeep shall have no liability for such removal.
  3. You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any User Material Content available on or through the Site.

Limitation on Liability 

  1. To the maximum extent permitted by law, SmartPeep shall not be liable to you in any way whatsoever for any loss, damages or costs, whether in contract or tort (including without limitation negligence or breach of statutory duty) or otherwise arising out of or in connection with your access to or use of the Application or other content or services provided through the Application.
  2. If you are dissatisfied with any portion of the Application or with any provision in these Terms, your sole and exclusive remedy is to terminate the Terms and discontinue your access to or use of the Application.

Governing Law and Disputes  

  1. These Terms shall be governed by and will be construed in accordance with the laws of Malaysia.
  2. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and settled by arbitration in accordance with the Asian International Arbitration Centre (AIAC) Rules. The seat of the arbitration shall be Malaysia. The arbitration shall be conducted in English. The arbitral tribunal shall consist of one arbitrator. Notwithstanding anything to the contrary in this Agreement, any party may at any time without regard to any notice periods required by the provisions hereof, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.

Miscellaneous

  1. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. 
  2. SmartPeep’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures.
  3. You may not assign, transfer or subcontract your rights, interests or obligations under these Terms without the prior written consent of SmartPeep. Any assignment or transfer in violation of this provision shall be null and void. 

Questions?

Please contact us at: [email protected] if you have questions about these Terms of Use, technical concerns or problems with the Application, or comments or suggestions.