Terms of Use – Quantum Leap
Malaysian Global Innovation and Creativity Centre (MaGIC), Block 3730, Persiaran APEC, 63000, Cyberjaya, Selangor, Malaysia. +60197775327
Terms of Use
(Queue Management System and Appointment Booking System)
Last modified on: 22nd of March 2019.




This “Terms of Use” (“Terms”) as well as the following terms and conditions constitute and describe an agreement between you and Quantum Leap Automation Sdn. Bhd. (1272302-M), its respective subsidiaries, affiliates, associated companies, and jointly controlled entities (collectively “Quantum Leap”, “we”, “us” or “our”) as the operator of Quantum Leap’s Apps and Websites (including all mobile applications and websites operated by Quantum Leap (respectively “Apps” and “Websites”), products, features and other services globally (collectively, “Services”). These terms of use (the “Terms of Use”), together with our “Privacy Policy” that is within https://www.quantumleap.asia/, thus incorporated herein by reference, and collectively this “Agreement”, govern your use of our “Services”.


 


This “Terms of Use” applies to our customers or contributors (businesses), subscribers (members), agents, vendors, suppliers, partners (such as merchant partners), contractors and service providers (collectively “you”, “your” or “yours”). By using or otherwise accessing the “Services”, you agree to the terms of this “Agreement”. If you do not agree with our “Agreement”, you must refrain from accessing or using the “Services”. Please note that we offer the “Services” with “AS IS”, “BEST EFFORT BASIS” and without warranties. You are required to register and authorize the use and disclosure of your information for purposes of allowing us to provide the “Services” and as otherwise disclosed in our “Privacy Policy”.




 


1. Services

 


The services and features of the “Services” enable you to queue virtually to acquire a queue number and make online appointments with participating providers especially in the following industries that are “Banking”, “Education”, “Food & Beverage”, “Government Agencies”, “Healthcare”, “Logistics & Postal”, “Retail”, and “Telco & I.T.”, through the use of the “Site”, the “Application” and/or the “Services”.


 


Once a queue number and an online appointment request is submitted by you through the “Services”, such request is considered accepted by the providers, until and unless you cancel the appointment or if the providers cancel the appointment with legitimate justifications. When the requested appointment is cancelled by the providers (“Cancelled Appointment”), we will provide you with push notifications through the “Application” as well as an e-mail of such “Cancelled Appointment”. You authorise us to release the details of the appointments made through the “Services” and of any resulting visits to the respective providers as well as a copy to yourself for future references.


 


Do note that we have no control over, and cannot guarantee the availability of any providers at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting there from, or for any other injury resulting or arising from or related to the use of our “Services”.


 


We use reasonable efforts to ensure that providers only participate in the “Services” if they hold all current licenses required by law to practice or operate in the country of selection. We may exclude providers who, in our discretion, have engaged in inappropriate or unprofessional conduct. Notwithstanding the foregoing, the providers shall be solely responsible for all losses or damages incurred or suffered by you arising out of or in connection with your visit to the providers or from any good and services of the providers. We are neither an agent of nor are we connected with any providers.


 


No customers nor providers relationship is created by using the “Site”, the “Application”, the “Services” and/or the “Content”, as we are just a bridge that connects customers to businesses, herein defined. The procedures, products, services and devices discussed and/or marketed through the “Services” may not applicable to all individuals, customers, businesses or all situations. We reserve the rights to suspend and/or terminate your account at any time, which will result in your inability to the use of our “Services”.




 


2. Content

 


You acknowledge that although some “Content” may be provided by individuals or other used of the “Services”, who are in the specific profession, the provision of such “Content” does not create any provider to customer relationship, does not constitute an opinion, advice, diagnosis or treatment (especially providers of medical industry) nor is it a substitute of the same. The “Content” is provided solely to assist you with locating a provider for your specific needs. “Content” means content of text, data, graphics, images, photographs, video, audio, information, suggestions, guidance and other materials provided, made available or otherwise found through the “Services”, the “Application” and/or the “Site”, including without limitation of “Content” provided in direct response to your questions or postings. Your use of the “Content” is solely at your own immediate risk.


 


The “Content” that you obtain or receive from Quantum Leap, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the “Services” are purely for informational, educational, scheduling and pricing purposes only. We may, but have no obligation to have “Content” posted through our “Services” reviewed by our editorial personnel for data maintenance purpose. It is important to note, however, that the timeliness, accuracy and completeness of any or all of the “Content” are not guaranteed. We will not be responsible for any errors or omissions or for the results obtained, or garnered from processing or from the use of such “Content”.




 


3. No warranties in relation to members and providers

 


Providers listed through the “Services” with whom you  may acquire queue number or book appointments enter into contracts with us and may pay us a fee for the “Services” we provide to them through the “Services”. We will provide you with lists and/or profile of providers, who you may find suitable to provide you the services you need.


 


Notwithstanding the foregoing, we do not:


 



  • Recommend or endorse any providers; and

  • Make any representations or provide warranties with respect to these providers or the quality of the goods or services they may provide to you.




 


4. Registration

 


As part of the registration process, you are required to provide a username and create a password. These are your registration details for accessing the “Services” that are only available to users, whom comprises of members and businesses (“Registration Details”). The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to [email protected] and we would be able to rectify the issue, or click on the reset your password link embedded on our “Site” and/or “Application”.


 


You must be of 13 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 13 years of age, to register with us or use the “Site”, the “Application” and the “Services”. If you are below the age of 13 or the applicable legal age in your jurisdiction, you can use the “Site”, the “Application” or “Services” only under the supervision of your parent or guardian, who has agreed to these “Terms of Use”. If you are the parent or legal guardian of a child under the age of 13, you may use the “Site”, the “Application” or “Services” on behalf of such minor. By using the “Site”, the “Application” or “Services” on behalf of such minor, you represent and warrant that you are the parent or legal guardian of such minor and that all are referenced in these “Terms of Use” to “You” shall refer to such minor or such other individual for, whom you have authorisation to enter into these “Terms of Use” on their behalf and you in your capacity as the parent or legal guardian of such minor or as the authorized party of such individual.


 


If you do not qualify under these terms, do not use the “Site”, the “Application” or “Services”. Registration of the “Services” is void, where prohibited by applicable law and the right to access the “Site” is revoked in such jurisdictions. By using the “Site”, the “Application” and/or the “Services”, you represent and warrant that you have the right, authority, and capacity to enter into these “Terms of Use” and to abide by all of the terms and conditions set forth herein. The “Site” is administered in Malaysia and intended for Malaysian users; any use outside of Malaysia is at the users’ own risk and users are responsible for compliance with any local laws applicable to their use of the “Services”, the “Application” and/or the “Site”.




 


5. User obligations

 


By registering for access to the “Site” or the “Application, and use of the “Services”, you agree to abide by the following terms and conditions:


 



  • You are responsible for protecting the confidentiality of your username and password as well as the safety and security of any computer, mobile phone and/or any other equipment and/or hardware you use to access our “Services”;

  • You will not post or transmit any material or information, which are offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionnable;

  • You agree not to impersonate any other member, person or businesses (providers);

  • You agree to provide current, accurate and up-to-date information about yourself as required under these terms and conditions;

  • You agree not to post or transmit any unsolicited advertising or promotional materials that will affect user experience;

  • You will not post or transmit any material in, which the copyright is owned by another person or entity as well as you warrant that all material posted or transmitted is your original work and not sourced from any third-party;

  • You will not post or transmit any material, which contains viruses or other computer codes, files or programs, which are designed to limit or destroy the functionality of other computer software, hardware and of our “Services”; and

  • You accept that any information provided by us is general information and not in the nature of advice. We derive our information from sources, which we believe to be accurate and up to date as the date of publication and reserve the right to update this information at any time as required by our “Terms of Use”.




 


6. Your personal information

 


We collect and process your “Personal Data” in accordance with the “Privacy Policy” within https://www.quantumleap.asia and you hereby consent to the processing of your “Personal Data” in accordance with the said notice. You agree and consent to us using and processing your “Personal Data” for the “Purposes” and in the manner as identified hereunder. For the purposes of this “Agreement”, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, e-mail address, any information about you, which you have provided to the “Company” in registration forms, 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 the “Company” from time to time that includes sensitive personal data such as data relating to health, religious or other similar beliefs.


 


The provision of your “Personal Data” is voluntary. However, if you do not provide the “Company” with your “Personal Data”, your request for using the “Services” may be incomplete and the “Company” will not be able to process your “Personal Data” for the “Purposes” outlined below and may cause the “Company” to be unable to allow you to use the “Service”. The Company may use and process your “Personal Data” for business and activities of the “Company”, which shall include, without limitation the following (the “Purpose”):


 



  • To perform the “Company’s” obligations in respect of any contract entered with you;

  • To provide you with any “Services” pursuant to the “Terms of Use” herein;

  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

  • Process, manage or verify your application for the “Services” pursuant to the “Terms of Use” herein;

  • To validate and/or process payments pursuant to the “Terms of Use” herein;

  • To develop, enhance and provide what is required pursuant to the “Terms of Use” herein to meet your needs;

  • To process any refunds, rebates and or charges pursuant to the “Terms of Use” herein;

  • To facilitate or enable any security checks as may be required pursuant to the “Terms of Use” herein;

  • To respond to questions, comments and feedback from you;

  • To communicate with you for any of the purposes listed herein;

  • For internal administrative purposes such as auditing, data analysis and database records;

  • For purposes of detection, prevention and prosecution of crime;

  • For the “Company” to comply with its obligations under law;

  • To send you alerts, newsletters, updates, mails, promotional materials, special privileges, festive greetings from the “Company”, its partners, advertisers and/or sponsors;

  • To notify and invite you to events or activities organised by the “Company”, its partners, advertisers, and/or sponsors; and

  • To share your “Personal Data” amongst the companies within the “Company’s” group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (the “Group”) and with the “Company’s” and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors, who may communicate with you for any reasons whatsoever.


 


If you do not consent to the “Company” processing your “Personal Data” for any of the “Purposes”, please notify the “Company” using the support contact details as provided in the “Application” or “Website”. If any of the “Personal Data” that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the “Application” or “Website”.


 


The “Company” will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change. By submitting your information to the “Company”, you consent to the use of that information as set out in the “Privacy Policy” and in the “Terms of Use”.




 


7. Your responsibilities

 


Even though the “Services” are provided free of charge, charges for any related services rendered by selected “Providers” will apply and will be entirely your responsibility. You must resolve any dispute between you and any “Providers” arising from any transaction hereunder directly with the “Providers” of such industries. Any information, which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. We reserve the right to remove your username or similar identifier in respect of your account if deemed inappropriate. You acknowledge sole responsibility for and assume all risk arising from your access and use of the “Services”.


 


You may only use the “Site”, the “Application” and the “Services” for lawful, non-commercial purposes. You may not use the “Site” in any manner that could damage, disable, overburden, impair our servers or networks, or interfere with any other party’s use and enjoyment of the “Site” or the “Services”. You may not attempt to gain unauthorized access to any of the “Services”, user accounts, computer systems or networks through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any “Content” or portion of the “Site”, the “Application” and/or “Services” for any purpose whatsoever.




 


8. Changes to the services

 


We may from time to time add new services to the “Services”, substitute a new service for one of the existing “Services”, discontinue or suspend one of the existing “Services”. The use of new services will be governed by this “Agreement”. You agree that Quantum Leap will not be liable to you or any third-party for any suspension or discontinuation of any of the “Services” or portion thereof. It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the “Services”, which may temporarily degrade the quality of the “Services” or result in a partial or complete outage of the “Services”. In this regard, we will not be liable to you or any third-party for any such degradation in the quality or outage of the “Services”.




 


9. Content you post or submit

 


You may have in the future the opportunity to submit feedback regarding your experiences with the “Providers” featured through the “Services”, to submit inquiries concerning possible needs, to participate in the other interactive and community features of the “Site” (collectively “Posted Information”). It is important that you act responsibly when providing “Posted Information” and you shall at all times comply with the above section on “User Obligations”. We reserve the right to investigate and take appropriate legal action against anyone, who breaches this provision or the above section on “User Obligations”, including without limitation, removing any offending communication from the “Services” and terminating the account of such violators or blocking your use of the “Services”.


 


By posting “Posted Information” through the “Services”, you agree to and hereby do grant, and you represent and warrant that you have the right to grant to us and our contractors an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, distribute such “Posted Information” to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such “Posted Information”. You agree that we are entitled to combine your “Posted Information” with the “Posted Information” of other Quantum Leap users for purposes of constructing or populating a searchable database of reviews and information related to the “Banking”, “Education”, “Food & Beverage”, “Government Agencies”, “Healthcare”, “Logistics & Postal”, “Retail” and “Telco & I.T.” industries.




 


10. Intellectual property rights

 


Copyright in the “Services” and the “Content” (including text, graphics, logos, icons, sound recordings, video recordings and software) is owned or licensed by us. You acknowledge that the “Services” and any underlying technology or software used in connection with the “Services” contain our proprietary information. We give you permission to use the “Services” and the “Content” for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the “Services”. Subject to the foregoing restrictions, we grant you a non-exclusive, non-transferable, revocable license to use the “Site” and the “Application”, in object code form only, on your compatible mobile, tablet, desktop computing, or other handheld computing devices, solely for your permitted use of the “Services” except as expressly authorised by these terms and conditions, you may not in any form or by any means:


 



  • Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the “Services”;

  • Commercialise any information, “Products” or “Services” obtained from any part of the “Services”;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, recompile or otherwise disassemble any portion of the “Site”, the “Application” and/or the “Services” or use any part of the same to provide or incorporate into, any products or services provided to a third-party; and

  • Downloading or storing any of the “Content”.


 


If you use any of our trademarks, rights in internet domain names and website addresses and/or other rights in trade names (“Trademarks”) in reference to our activities, “Products” or “Services”, you must include a statement attributing the “Trademarks” to us. You must not use any of the “Trademarks” by/for:


 



  • In or as the whole or part of your own trademarks;

  • In connection with activities, “Products” or “Services”, which are not ours;

  • In a manner, which may be confusing, misleading or deceptive in nature; and

  • In a manner, which disparages us or our information, “Products” and/or “Services”.




 


11. Links to other sites

 


The “Services” may contain links to other websites (“Linked Websites”). Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the “Linked Websites”. The “Linked Websites” should not be construed as an endorsement, approval or recommendation by us or the owners or operators of those “Linked Websites”, or of any information, graphics, materials, products or services referred to or contained on those “Linked Websites”, unless and to the extent stipulated to the contrary.




 


12. Prohibited activities

 


We may (but shall be under no obligation to) investigate if you have misused the “Site”, the “Services” and/or the “Application”, or behave in a way, which we regard as inappropriate, unlawful or illegal. The following is a non-exhaustive list of prohibited activities, which you shall not engage in with respect to the “Site”, the “Services” and/or the “Application”. We reserve the right to amend this list at any time. The prohibited activities include, without limitation:


 



  • Sending, posting or distributing materials, which constitutes or encourages conduct that would be considered a criminal offense in Malaysia or any other country in the world;

  • Impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the “Site” or “Application;

  • Expressing or implying that any statements you make are endorsed by us without our specific written consent;

  • Using any robots, spiders or other devices or processes to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the “Services”;

  • Frame or mirror any part of the “Site”, the “Services” and or the “Application”, without our prior written authorization;

  • Using any codes, algorithms or other devices containing any references to us, the “Site”, the “Services” and/or the “Application” to direct persons to any other websites and or other services;

  • Using the “Services” or contents contained in the “Site” and/or the “Application” for any illegal, fraudulent or harmful purposes;

  • Interfering with or disrupting the operations of the “Site” or the servers or networks used to make the “Site” or “Application” available as well as violate any requirements, procedures, policies or regulations of such networks;

  • Violating any laws and legislations; and

  • Publicly disseminate information regarding the performance of “Site”, the “Services” and/or the “Application” or access or use the “Site”, the “Services” and/or the “Application” for competitive analysis or benchmarking purposes.




 


13. Disclaimer

 


You release us from all liability for you having acquired or not acquired “Content” through the “Services”. We make no representations concerning any “Content” contained in or accessed through the “Services”, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the “Services”. We make no representations or warranties regarding suggestions or recommendations or endorsements of services or products offered or purchased through the “Services”.


 


To the maximum extent permitted by law, we hereby disclaim all statutory warranties, with respect to the “Services”, the “Application” and the “Site”, including without limitation any warranties that the “Services” are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that you will be able to access or use the “Services” (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users including members or businesses of the “Services” or any other data or information provided or received through the “Services”. Except as expressly set forth herein we make no warranties about the “Services” or any other security associated with the transmission of sensitive information. We do not warrant that the “Site”, the “Application” or the “Services” will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the “Services”, “Application” or “Site” are free of computer viruses, contaminants or other harmful items.




 


14. Limitation of liability

 


Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the “Services”, the “Application” or the “Site”, regardless of the form of action. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the “Site”, the “Application” and/or the “Services”. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses especially medical malpractice or negligence of “Providers” utilized through use of the “Services”, even if we knew or should have known of the possibility of such damages.




 


15. Indemnification

 


You agree to indemnify us against any loss, damage or cost incurred by us arising out of your access or use of the “Site”, including, without limitation, the “Services”, the “Application”, the “Content” or any other information accessible over or through the “Site” and/or the “Application”, any content submitted by you or your violation of these terms and conditions, or any other laws, regulations and rules. You will also indemnify us against any claims that information or material, which you have submitted to us is in violation of any law or in breach of any third-party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of any other intellectual property right).




 


16. Termination

 


We may terminate and/or suspend your registration immediately, without notice, if there has been a breach of this “Agreement” or other policies and terms posted on the “Site”, the “Application” or through the “Services” by you or by someone using your “Registration Details”. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. We shall not be liable to you or any third-party for any termination of your access to the “Site”, “Application” and/or the “Services”. Further, you agree not to attempt to use the “Site”, “Application” and/or the “Services” after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register). Sections 2, 3, 6, 9, 10, 13, 14, 15, 16, and 17 shall survive any termination or expiration of these “Terms of Use”.




 


17. General



17.1 Amendments to the term of use

 


We reserve the right to amend these “Terms of Use” and the other documents consisting of the “Agreement” at any time. Upon any such change, we will post the amended terms on the “Site” or we may also attempt to notify you via electronic or conventional mail. Your continued access to and/or use of the “Site”, the “Application” and/or the “Services” following such posting and/or notice shall constitute your agreement to be bound by these “Terms of Use” or other applicable “Agreement” document, as amended. If at any time you choose not to accept these “Terms of Use”, including following any such modifications hereto, then you must stop using the “Site”, the “Application” and the “Services”.




17.2 Severability

 


If any of these “Terms of Use” are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.




17.3 Governing law

 


This “Agreement” shall be governed by the laws of Malaysia and the courts of Malaysia shall have non-exclusive jurisdiction.




17.4 Non-waiver

 


Our failure to exercise or enforce any right or provision of this “Agreement” shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.




17.5 Entire agreement

 


This “Agreement” and any supplemental terms, policies, rules and guidelines posted through the “Services”, including the “Privacy Policy”, constitute the entire agreement between you and us and supersede all previous written or oral agreements.




17.6 Headings

 


The headings in this “Agreement” are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this “Agreement” or any terms or conditions therein.




17.7 Non-assignment

 


You may not assign, transfer or sublicense this “Agreement” to anyone else and any attempt to do so in violation of this section shall be null and void.


 




 


Amendments and updates

 


Quantum Leap shall have the right to modify, update or amend the terms of this “Terms of Use” at any time by placing the updated “Terms of Use” on the Website. By continuing to use the “Apps”, “Websites” or “Services”, purchase products from Quantum Leap or continuing to communicate or engage with Quantum Leap following the modifications, updates or amendments to this “Terms of Use”, you signify your acceptance of such modifications, updates or amendments. If you have any queries about your “Terms of Use”, please contact our Data Privacy Officer at:


 


Quantum Leap Data Protection Officer

c/o Quantum Leap Automation Sdn. Bhd.

Malaysian Global Innovation and Creativity Centre (MaGIC),

Block 3730, Persiaran APEC,

63000, Cyberjaya, Selangor, Malaysia.

E-mail: [email protected]


 


The original of this “Terms of Use” Statement is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.