Terms & Privacy Policy

DISCLAIMER STATEMENT

UPDATED ON 17 JUNE 2021

By using the Service, you understand, agrees and acknowledges that you have the following rights with respect to the use of our platform and the limitations of our platform services and other services as follows:

  1. Petotum may not be able to serve all your pet owner or pet business-related needs.
  2. If your pet has any medical issues, it may be necessary for you to go in for a face to face consultation with a recognised and certified vet that you know.
  3. You hereby give consent to engage in secure messaging on our platform with our registered pet care providers, vets and other professionals onboarded on our platform. You agree and acknowledge that you have the right to withhold or withdraw consent at any time without affecting your right to future care or treatment of your pet nor risking the loss or withdrawal of any program benefits to which you would otherwise be entitled.
  4. We may sell pet food on our platform. Please note that Petotum is only a distributor of pet products and cannot be held directly responsible for any adverse effects any of the products that may cause or have on your cat/dog. 
  5. In addition to paragraph 4 above, should your cat/dog have an allergic reaction to any of the treats/food, please stop feeding these treats to your dog immediately and bring your dog to a vet, referring him/her to the full ingredients list. However, to the best of our abilities, we try to ensure that we ship out products that are safe for consumption.
  6. Please note that Petotum does not provide any telemedicine services. In any case, the laws that protect the confidentiality of your medical information also apply to telemedicine. As such, you understand that the information disclosed by you during the messaging session is generally confidential. You also understand that the dissemination of any personally identifiable images or information from the interaction shall not occur without your written consent.
  7. You understand and acknowledge that there are risks and consequences from using our platform to book a schedule for your pet care service bookings or vet appointment, including, but not limited to, the possibility, despite reasonable efforts on the part of your pet care or vet, that the transmission of your information and your pet could be disrupted or distorted by technical failures; the transmission of the information could be interrupted by unauthorized persons; and/or the electronic storage of your medical information could be accessed by unauthorized persons.
  8. You understand and acknowledge that messaging-based services and care may not be as complete as a face-to-face consultation between your pet and pet care or vet. You also understand that if your vet believes your pet would be better served with a face-to-face consultation, you would be advised as such.
  9. You understand and acknowledge that the services on the platform may not be appropriate for medical emergencies and that these are best sought by seeking care at a pet clinic.

 

THE SITE AND SERVICE SHOULD NOT BE USED FOR MEDICAL EMERGENCIES. IF YOUR PET IS FACING A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR VET OR TAKE YOUR PET TO THE CLOSEST VET OR YOUR LOCAL EMERGENCY MEDICAL SERVICES PROVIDER IMMEDIATELY.

PRIVACY POLICY

UPDATED ON 17 JUNE 2021

 

Deux Alpha Tech Sdn bhd (Formerly known as Petotum Sdn Bhd) (Company No. 1345406­D) (“Petotum” or “Company”) is committed to protecting the privacy of visitors and users of www.petotum.com, and all related sites and Apps (collectively referred to as the “Site”) and our customers. 

 

As a user of this Site or our services, this privacy policy (“Policy”) outlines what information we may collect about you, how we use and share that information, how you may access your information and your choices about the use and disclosure of your information. If you have any questions about this Policy, please contact us via the contact details below.

 

Collection of Personal Information

 

We may collect personal information which relates to an individual and who is identifiable from that information, such as personal details (including your full name, contact details, date of birth, gender), contact details (such as e-mail address and any information which you have provided in registration/application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by Petotum from time to time. 

 

Petotum only collects, uses and discloses sensitive personal data with your express consent. This information may be collected when you use this Site or our services, you sign up, you contact us, you provide feedback, through other social networking services such as Facebook or Twitter or Whatsapp. In addition, we may from time to time request certain other personal information which may be relevant for the purposes of providing our services to you.

 

If you provide any personal information relating to a minor, you warrant that you are the parent or legal guardian of such minor and have the necessary authority to provide such information and the applicable consents.

 

While the provision of personal information is not obligatory, it is required in connection with the purposes as stated below, and if we do not have this information we may not be able to carry out the purposes or provide our services to you.

 

Cookies, analytics and automatic collection of information

 

Use of this Site may be subject to the use of cookies to retain information about your preferences, usage of this Site and for analysis purposes to help us improve the user experience. You can adjust the privacy settings of your browser to modify your acceptance or rejection of cookies, but this may affect your use of the Site or our services. We may also use other standard Internet or other technologies to track usage on our Site or in promotional messages to customize our offerings and assess the effectiveness of our promotional and other activities. On occasion, certain third parties such as advertisers and our partners may be allowed to display advertisements on our Site and these advertisements may use tracking technologies (such as cookies) to collect information about users who view or interact with these advertisements or our Site.

 

We may use and disclose aggregated and anonymised statistics about usage of this Site or our services. We may also use research or marketing companies to gather such data and provide statistical information about visits to this Site, data on visitors’ screen settings and other general information. We may also use third-party analytics services to collect and analyze the activities on our Site, for system administration, reporting purposes or to improve the Site, and such third party may have access to your personal information subject to their prevailing privacy policies.

 

Use of Personal Information

 

We may use your personal information for any of the following reasons:

 

  • To provide services or to perform any of the Company’s obligations towards you
  • To process, manage or verify your request or application for any services
  • To validate and/or process payments, rebates, refunds and charges
  • To send you alerts, notifications, updates, mailers, promotional materials and the like from the Company, our partners, advertisers or sponsors and to communicate with you about services/products that may be of interest to you from us, partners or other third parties
  • To facilitate or enable any checks as may be required
  • To manage our business and for internal purposes (such as auditing, data analysis, database records, evaluating our services and effectiveness of our marketing efforts, research and risk management)
  • To comply with legal and regulatory requirements
  • To enforce our legal rights or obtain legal advice
  • To perform functions described at the time of collection of the personal information
  • To respond to questions, comments and feedback from you
  • To communicate with you for any of the purposes listed in this Policy
  • For any other purpose that is ancillary to or in furtherance of these above purposes or which is required by law or any regulatory authorities or where we have your permission to do so

 

Who do we disclose personal information to?

 

In connection with the above use of your personal information, we may disclose such personal information to the following:

 

  • Our employees
  • Pet care professionals including veterinarians and other applicable service providers, agents, contractors, third-party service providers who provide various services or facilities to us in connection with this Site, our business or operations or who have contractual arrangements with us
  • Financial institutions, insurers (including those located outside of Malaysia), employers, third-party payors, credit card and payment gateway companies
  • Partners with whom we have a relationship in connection with your transaction with us or your requested services
  • Any other person who may be an assignee, transferee or participant in some way in our rights or business (whether actual or proposed)
  • Other parties authorised or consented to by you
  • Regulatory, enforcement and governmental authorities as permitted or any person as required by law or to comply with the directives of the authorities or any order of the court or legal process
  • Any other person to whom disclosure is required in order to protect or defend our rights and/or property
  • Any other person to whom we (and our holding or affiliate companies or representatives) have a duty of disclosure under applicable law, regulations or guidelines

 

Please note that such disclosure may involve the transfer of your personal information to places outside of Malaysia and by providing us with such information, you consent to such transfer in connection with your dealings with us, the requested services or for the performance of contractual obligations. Any such transfer will be in accordance with this Policy and applicable law.

 

Veterinary practitioners or providers may require your express consent or submission of certain information or documents in connection with the provision of services to you. If so, you will be requested to provide such express consent, forms or information (as the case may be) in order to proceed with the provision of the services.

 

Third-Party Sites or providers

 

Through the Site and/or the services, you may obtain access to certain third parties such as veterinary practitioners, professionals or providers and other portals or applications. The privacy policies/personal data protection notices of such third parties are independent from that of Petotum’s and you should review such policies/notices carefully as the use of information disclosed to such third parties is subject to such policies/notices.

 

Our Site may contain links to and from the portals, apps or resources of our partners, advertisers and other third parties. If you follow a link to or access any of these websites or resources, please note that they have their own privacy policies/data protection notices and terms of use which you should review. We do not accept any responsibility or liability for these websites or resources and your access and use of them is at your own risk.

 

Opting out

 

You have the option to opt-out of receiving marketing communications from us and selected third parties and limiting the distribution of your personal information. You can do so by contacting us via the contact details below or so far as applicable, by accessing your registration/account with us or by clicking on the “unsubscribe” link in certain electronic communications we may send to you.

 

When we receive your request to opt-out from receiving marketing communication, it may take up to fourteen (14) working days for your opt-out to be updated in our records and systems. Accordingly, you may still receive marketing communication during this short period of time. Kindly be reminded that even if you opt-out from receiving marketing communication, we may still contact you for other purposes in relation to the transactions between us or the services you have requested from us.

 

Protection of Personal Data

 

We take the necessary security and technical measures to protect the security and confidentiality of personal data in compliance with applicable law. The transmission of payment information (such as credit card and account numbers) is protected through the use of encryption such as SSL (Secure Socket Layer) protection.

 

Checking and Updating Your Details and Passwords

 

If you wish to access, verify or correct any of your personal information, you may do so by contacting us via the contact details below. Please note that depending on the request, we may charge a small fee. Our security procedures mean that we may request proof of identity before we reveal information or carry out the requests. This proof of identity may take the form of your username/e-mail address and password submitted upon registration (so far as applicable). Therefore, you should keep this information safe as you will be responsible for any action which we take in response to a request from someone using your username/email and password. If you have an account with us, you can also update your personal information by accessing your account. You undertake to keep safe and not disclose to third parties, your account information, including passwords. We are not responsible for any misuse or disclosure of access information or passwords.

 

Please contact us if any of your personal data subsequently becomes outdated, inaccurate or incomplete to help ensure the accuracy of the data in our records.

 

Changes to the Policy

 

We reserve the right to modify and change this Policy from time to time. Any changes to this Policy will be published at this Site and your continued use of the Site or our services will constitute your acceptance of the modified Policy.

 

General

 

If there are any inconsistencies between this Policy and the terms and conditions of the services we provide to you, the latter shall prevail.

 

Contacting Us

 

If you wish to contact us, you have any questions about this Privacy Policy or if you would like us to stop or limit the use/processing of your personal information, please contact us at support@petotum.com. 

TERMS OF USE

UPDATED ON 17 JUNE 2021


  • APPLICATION OF TERMS
  1. These Terms apply to your use of the Service (as defined below).  By accessing and using the Service as provided on our Website you hereby acknowledges that:  
    1. you agree to these Terms; and
    2. where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
  2. If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.
  • CHANGES

We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website.  Unless stated otherwise, any change takes effect from the date set out in the notice.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.

  • INTERPRETATION

In these Terms:

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service.  Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the PetotumBIZ Software.  Your Confidential Information includes the Data.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.

Digital Pet ID means the software owned by us (and our licensors) that is used to provide digital ID solutions to allow pet owners to records their pets’ meal schedule and other records and information;

Fees means the applicable fees set out on our pricing page on the Website or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 7.6.

Force Majeure means an event that is beyond the reasonable control of a party, excluding (a) an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or (b) A lack of funds for any reason.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.  Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

a party includes that party’s permitted assigns.

Permitted Users means your personnel who are authorised to access and use the Service on your behalf in accordance with clause 5.3.  

PetotumBIZ Software means the software owned by us (and our licensors) that is used to provide the Service where Petcare Providers are able to manage their operations including scheduling, receiving payments and so on using our Website.   

a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

personal information means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws.

Pet Care Providers means a pet care business registered for the Service on our Website.

personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.

Pet Parent means a pet owner registered on the Website and Mobile Apps;

Service means the service having the core functionality described on the Website including Digital Pet ID and PetotumBIZ Software (as the case may be), as the Website is updated from time to time.

Subscription Date means the date that you first access or use the Service.  

Terms means these terms titled terms of use including the privacy policy and disclaimer statement as may be revised and updated from time to time.

Underlying Systems means the PetotumBIZ Software, Digital Pet ID, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third-party solutions, systems and networks.

We, us or our means Deux Alpha Tech Sdn Bhd (Formerly known as Petotum Sdn Bhd (Company No. 1345406­D), a company incorporated in Malaysia whose registered office is at No 30-2, Jalan Elektron F U16/F, Denai Alam, 40160 Shah Alam, Selangor Darul Ehsan, Malaysia.

Website means the internet site at “https://www.petotum.com”, or such other site notified to you by us.

Year means a 12-month period starting on the Subscription Date or the anniversary of that date.

You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

  • PROVISION OF THE SERVICE
      1. We must use reasonable efforts to provide the Service:
        1. in accordance with these Terms and Malaysian laws;
        2. exercising reasonable care, skill and diligence; and
        3. using suitably skilled, experienced and qualified personnel.
      2. Our provision of the Service to you is non-exclusive.  Nothing in these Terms prevents us from providing the Service to any other person.
      3. Subject to clause 4.4, we will use reasonable efforts to ensure the Service is available on a 24/7 basis.  However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure.  We must use reasonable efforts to publish on the Website and/or notify you by email advance details of any unavailability.  
      4. Through the use of web services and APIs, the Service interoperates with a range of third party service features.  We do not make any warranty or representation on the availability of those features.  Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make that feature available to you.  To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.  
  • YOUR OBLIGATIONS
      1. You and your personnel must:
        1. use the Service in accordance with these Terms solely for:
          1. if you are a Petcare Provider, your own internal business purposes to manage your pet care business scheduling system and receive payments from the customers; 
          2. if you are a Pet Parent, your own personal use to record your pet medical records and other features as permitted on our Website; and
          3. other lawful purposes; and
        2. not resell or make available the Service to any third party, or otherwise commercially exploit the Service.
      2. When accessing the Service, you and your personnel must:
        1. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
        2. correctly identify the sender of all electronic transmissions;
        3. not attempt to undermine the security or integrity of the Underlying Systems; 
        4. not use, or misuse, the Service in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Service;
        5. not attempt to view, access or copy any material or data other than:
          1. that which you are authorised to access; and
          2. to the extent necessary for you to use the Service in accordance with these Terms; and
        6. neither use the Service in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.
      3. Without limiting clause 5.2, no individual other than a Permitted User may access or use the Service.  You may authorise any member of your personnel to be a Permitted User, in which case you must provide us with the Permitted User’s name and other information that we reasonably require in relation to the Permitted User.  You must procure each Permitted User’s compliance with clauses 5.1 and 5.2 and any other reasonable condition notified by us to you. 
      4. A breach of any of these Terms by your personnel (including, to avoid doubt, a Permitted User) is deemed to be a breach of these Terms by you.
      5. You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use the Service, including to use, store and input Data into, and process and distribute Data through, the Service. 
  • DATA 
      1. You acknowledge that:
        1. we may require access to the Data to exercise our rights and perform our obligations under these Terms; and
        2. to the extent that this is necessary but subject to clause 9, we may authorise a member or members of our personnel to access the Data for this purpose. 
      2. You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.
      3. You acknowledge and agree that:
        1. we may:
          1. use Data and information about your and your end users’ use of the Service to generate anonymised and aggregated statistical and analytical data (Analytical Data); 
          2. use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
          3. supply Analytical Data to third parties;
        2. our rights under clause 6.3a above will survive termination or expiry of these Terms; and 
        3. title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
      4. You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Service, we are acting as your agent and/or as a data processor for the purposes of applicable privacy and data protection laws.  You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
      5. While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you onto the Service.
      6. You agree that we may store Data (including any personal information) in secure servers outside Malaysia and may access that Data (including any personal information) from time to time
      7. You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.
  • FEES
      1. We may charge you for the Service at certain Fees.  
      2. We will provide you with invoices on a periodical basis based on your agreed subscription package prior to the due date for payment. 
      3. The Fees exclude any applicable sales and services tax or other similar tax, which you may be required to pay on taxable supplies.
      4. You must pay the Fees:
        1. in accordance with the payment terms set out on our pricing page on the Website as we may notify to you from time to time; and
        2. electronically in cleared funds without any set-off or deduction.
      5. We may charge interest on overdue amounts.  Interest will be calculated from the due date to the date of payment (both inclusive) at an annual percentage rate equal to the corporate overdraft reference rate (monthly charging cycle) applied by our primary trading bank as at the due date (or, if our primary trading bank ceases to quote that rate, then the rate which in the opinion of the bank is equivalent to that rate in respect of similar overdraft accommodation expressed as a percentage) plus 2% per annum.  
      6. We may increase the Fees by giving at least 30 days’ notice.  If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase.  If you do not terminate these Terms and your right to access and use the Service in accordance with this clause, you are deemed to have accepted the increased Fees.  
  • INTELLECTUAL PROPERTY 
      1. Subject to clause 8.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and our licensors’ property).  You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.
      2. Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property.  You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms. 
      3. To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Service.
  • You hereby grant to us a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any uploaded materials or contents or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to us by all means and in any media now known or hereafter developed.  
  • You also grant to us the right to use your uploaded materials including name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
  • If you provide us with ideas, comments or suggestions relating to the Service or Underlying Systems (together feedback):
  • all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
  • we may use or disclose the feedback for any purpose.
      1. You acknowledge that the Service may link to third-party websites or feeds that are connected or relevant to the Service.  Any link from the Service does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators.  To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.
  • CONFIDENTIALITY
      1. Each party must, unless it has the prior written consent of the other party:
        1. keep confidential at all times the Confidential Information of the other party; 
        2. effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
        3. disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, clauses 9.1a and 9.1b.
      2. The obligation of confidentiality in clause 9.1 does not apply to any disclosure or use of Confidential Information:
        1. for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
        2. required by law (including under the rules of any stock exchange);
        3. which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
        4. which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
        5. by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 9.
  • WARRANTIES
      1. Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.
      2. To the maximum extent permitted by law:
        1. our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to RM1,000.00; and
        2. we make no representation concerning the quality of the Service and do not promise that the Service will:
          1. meet your requirements or be suitable for a particular purpose; or  
          2. be secure, free of viruses or other harmful code, uninterrupted or error-free.
      3. You agree and represent that you are acquiring the Service, and accepting these Terms, for the purpose of trade.  The parties agree that:
        1. to the maximum extent permissible by law, any applicable consumer protection law does not apply to the supply of the Service or these Terms; and
        2. it is fair and reasonable that the parties are bound by this clause 10.3.
      4. Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms.  However, our liability for any breach of that condition or warranty is limited, at our option, to:
        1. supplying the Service again; and/or
        2. paying the costs of having the Service supplied again.
  • LIABILITY
      1. Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed an amount equal to the Fees paid by you relating to the Service in the previous Year (which in the first Year is deemed to be the total Fees paid by you from the Subscription Date to the date of the first event giving rise to liability).  The cap in this clause 11.1 includes the cap set out in clause 10.2a.
      2. Neither party is liable to the other under or in connection with these Terms or the Service for any: 
        1. loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill; or
        2. consequential, indirect, incidental or special damage or loss of any kind.
      3. Clauses 11.1 and 11.2 do not apply to limit our liability under or in connection with these Terms for:
        1. personal injury or death;
        2. fraud or wilful misconduct; or 
        3. a breach of clause 9.
      4. Clause 11.2 does not apply to limit your liability:
        1. to pay the Fees;
        2. under the indemnity in clause 6.7; or
        3. for those matters stated in clause 11.3a to 11.3c.
      5. Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.
      6. Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.
  • TERM, TERMINATION AND SUSPENSION
      1. Unless terminated under this clause 12, these Terms and your right to access and use the Service:
        1. starts on the Subscription Date; and
        2. continues until a party gives at least 14 days notice that these Terms and your access to and use of the Service will terminate on the expiry of that notice. 
      2. Subject to clause 7.6, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under clause 12.1 will be the expiry of that initial term. 
  • Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use the Service if the other party:
      1. breaches any material provision of these Terms and the breach is not:
        1. remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
        2. capable of being remedied; or
      2. becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason.
    1. You may terminate these Terms and your right to access and use the Service in accordance with clause 7.6.
    2. Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.
    3. On termination of these Terms, you must pay all Fees for the provision of the Service prior to that termination.
    4. No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.   
    5. Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to clause 12.9, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.  
    6. At any time prior to one month after the date of termination, you may request: 
      1. a copy of any Data stored using the Service, provided that you pay our reasonable costs of providing that copy.  On receipt of that request, we must provide a copy of the Data in a common electronic form.  We do not warrant that the format of the Data will be compatible with any software; and/or
      2. deletion of the Data stored using the Service, in which case we must use reasonable efforts to promptly delete that Data.  

To avoid doubt, we are not required to comply with clause 12.9a to the extent that you have previously requested deletion of the Data.

  1. Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of the Service and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:
    1. undermined, or attempted to undermine, the security or integrity of the Service or any Underlying Systems;
    2. used, or attempted to use, the Service:
      1. for improper purposes; or
      2. in a manner, other than for normal operational purposes, that materially reduces the operational performance of the Service; 
    3. transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; or
    4. otherwise materially breached these Terms.
  • GENERAL 
      1. Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.
      2. No person other than you and us has any right to a benefit under, or to enforce, these Terms.
      3. For us to waive a right under these Terms, that waiver must be in writing and signed by us.
      4. Subject to clause 6.4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.
      5. If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.  You may give notice to us under or in connection with these Terms by emailing support@petotum.com.
      6. These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the laws of Malaysia.  Each party submits to the non-exclusive jurisdiction of the courts of Malaysia in relation to any dispute connected with these Terms or the Service.
      7. Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.7, 8, 9, 11, 12.5 to 12.9 and 13.6, continue in force.   
      8. If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.
      9. Subject to clauses 2.1 and 7.6, any variation to these Terms must be in writing and signed by both parties.
      10. These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Subscription Date.  The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Subscription Date.  Without limiting the previous sentence, the parties agree that it is fair and reasonable that the parties are bound by this clause 13.10.
  • You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld.  You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.  

PAYMENT, CANCELLATION AND REFUND POLICY

Updated on 27 May 2021

 

By using our Service you agree that we are a platform that matches between pet owners (“Pet Parents”) and pet care providers (“Pet Care”) and we receive payments on behalf of pet care partners. Please note that the pricings and related fees are solely determined by the respective pet care partners onboarded on our platform. The terms of this policy are applicable to both Pet Care and Pet Parents.

 

Payment Policy

 

All payments for any products and services are to be made using our website or mobile app only. We will notify you on the final payment display of our current accepted payment methods before you make any payment. 

 

Cancellation Policy

 

For cancellations, it can be made via the ‘live chat’ available on our website and mobile app. Please refer to our ‘Contact Us’ page for ways to reach out to us.

 

Please note that we reserve the sole discretion to impose a penalty if you cancel your confirmed booking. The penalty amount sum will be displayed before you confirm a booking. The penalty sum may vary based on the date upon which you decide to cancel a booking.

 

Refund Policy

 

Generally, there is strictly no refund or return of booking once a booking or item purchased is delivered and accepted. In any cases of refunds or returns are at our sole discretion subject to the refund policy below.

 

Your full refund will be issued once we have received and confirmed with the Pet Care that the booking session is unavailable (eg, double bookings, technical issues, shops closures, unavailability of vets or staff and so on). For clarity, we reserve the sole discretion to accept or reject any refund request. 

 

Once the refund request has been duly accepted, the full refund will be initiated. The method of refund will be processed depending on your original payment method which should be posted within 15 to 30 working days.

PET CARE AUDIT POLICY

UPDATED ON 17 JUNE 2021

 

By using our Service, you agree that we are a platform that matches between pet owners (“Pet Parents”) and pet care providers (“Pet Care”) and we receive payments on behalf of pet care partners. 

 

The terms of this audit policy are applicable to the Pet Care providers.

 

By using our Website and Service, you agree and acknowledges that we are entitled to conduct periodical or ad hoc audit according to the applicable pet care legislations, rules and guidelines including the ‘Kod Amalan Kebajikan Haiwan’ by the Department of Veterinary Services (DVS) as a guideline to ensure that the Pet Care providers have duly satisfied the necessary rules imposed.

 

You further agree to provide access to our representatives and staff to conduct the above audit on your premise(s) subject to us providing reasonable notice of our visit to your premise.