Terms and conditions of Curaguru service

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Last updated: 01.12.2023

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Welcome to Curaguru Installment plan service! We facilitate convenient Installment plan payment solution for individual clients of various Healthcare service providers cooperating with Curaguru.

Please read these Terms and Conditions ("Terms") carefully before starting using the service operated by Curaguru Solution Sdn Bhd (Company No.1383897-P).

 

• Definitions

Assessment - means the Products shall undergo assessment process prior to the execution of the Sales and Purchase Agreement and the Deed of Assignment. Basic customer requirements are stated in Schedule 1.

 

Customer(s) - means individual person(s), other than the Merchant, who is a party to the Product.

 

Deed of Assignment - means the deed of assignment to be executed by the Purchaser and the Merchant concurrently with the Sales and Purchase Agreement on a regular basis after assessment of the Products.

 

Merchant - means healthcare service provider cooperating with Curaguru Solutions Sdn Bhd which provides various healthcare services to individual patients including: dental care, eye care, hearing aid, etc.

 

Merchant’s bank account - means duly designated bank account of the Merchant.

 

Products - means invoices produced by the Merchant in accordance with the Purchaser's requirements.

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Parties - means collectively the Purchaser and the Merchant.

 

Purchaser - means Curaguru Solutions Sdn Bhd (Company No.1383897-P), a company incorporated in Malaysia with its business address at 1086, Robson C, Persiaran Syed Putra 2, Kuala Lumpur, 50460

 

Sales staff - means all individuals, involved in the process of Products sales on behalf of the Merchant (i.e.sales execs, sales managers, receptionist, etc.)

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Sale and purchase agreement (SPA) - means the Sales and Purchase Agreement to be executed by and between the Purchaser and the Merchant on a regular basis after assessment of the Products to accomplish their purchase.

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Service - means service provided by the Purchaser aiming to assess possibility of acquiring Products.

 

Territory - means Malaysia.

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• Acknowledgement​

  1. The Merchant’s usage of the Service is conditioned by acceptance and compliance with these Terms and conditions. By using the Service you confirm that you’re over the age of 18 years and fully authorized to represent the Merchant in connection with the Service usage.

  2. At all times during using the Service the Merchant shall manage transferring all data required as mutually agreed upon between the Parties for Assessment provided always the prospective Customers has first consented to sharing of the personal data. The Merchant shall act in good faith at all times and in the interest of the Purchaser. The Merchant shall at its own cost maintain an effective team, place(s) of business, an appropriate and comfortable environment for customers, as well as provide good quality of medical services provided to Customers within predefined treatment scope. In the event that any medical licenses are required for the goods and services provided by the Merchant which are stipulated in the Products, the Merchant shall hereby at all material time undertake that its operating license of the facility and its medical practitioner is currently valid and active. The Merchant shall at all material times be responsible for providing medical services to Customer(s) in accordance with appropriate Product(s) and be responsible for the quality of medical services provided to the Customer(s).

  3. At all times during using the Service the Purchaser has the obligation to assess potential Customers using online application form published at curaguru.com website in order to confirm possibility of Products acceptance to the Merchant. All sales of the Products shall be made in agreed written format. Products acquired should meet the requirements as reflected in the Schedule 2. The Purchaser has the obligation to acquire Products issued for the successfully assessed Merchant’s individual customers. Products acquiring to be done by the Purchaser with discount. Discount amount is the difference in total Product (treatment) price payable by the Customer, stipulated in the Sales and Purchase Agreement (after deduction of the first payment received by the Merchant, if any), and the purchasing price of the Product (after deduction of the first payment received by the Merchant, if any) for Purchaser.

  4. The Merchant requests the Purchaser to provide access to using the Service via applying online at curaguru.com.

  5. We reserve the right to refuse providing access to the Service to the potential merchants at our sole discretion.

  6. These are the Terms and condition governing the use of Service by the Merchant and assigning the Purchaser as an authorized Purchaser to the Merchant’s products.

 

• Providing services to individual customers

  1. Merchant’s services standard terms and conditions and warranties also should be applicable for all Products sold to the Purchaser.

  2. For all Products sold the Merchant is obliged to continue and accomplish Customers’ treatment according to the treatment plan. Should any changes to the treatment scope or treatment price for Customers will be needed, Merchant is obliged to get Purchaser’s consent for such changes prior to making such changes effective.

  3. Should the Customer request Merchant to cancel treatment or reduce treatment scope Merchant should seek for the Purchaser’s approval before processing Customer’s request. If such approval from the Purchaser is obtained, refund to the Customer should be made in accordance to the Refund policy as stated in the Schedule 3.

  4. In the event of treatment cancelation initiated by the Customer happened due to inappropriate quality of medical services provided by Merchant, the Merchant shall buy back that specific Product at the same price exercised earlier minus payments already made by the Customer to the Purchaser (if any).

  5. The Merchant has obtained all required consents by law to enable the transmission of any data of the Customer to the Purchaser. 

 

• Termination

  1. Each party shall have the right to suspend the use of the Service anytime by giving written notice to the other Party within one (1) calendar month before the effective date of suspension.

  2. Either Party will be entitled to terminate this Agreement immediately by written notice to the other Party if:

     1. the other Party materially breaches any terms of these Terms and conditions that is not capable of being remedied, or if capable of being remedied is not so remedied within ten (10) business days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or  

     2. the other Party materially breaches any terms of this Terms and conditions which is not capable of being remedied; or  

     3. the other Party goes into liquidation or dissolution, whether compulsory or voluntary (except for the purposes of reconstruction, amalgamation or other similar purpose not involving the realization of assets) or suffers its assets to be taken in execution or becomes insolvent or compounds with or makes similar arrangements with its creditors; or  

     4. the other Party fails to dispute in a timely manner, or acquiesces in writing to, any petition filed against it in an involuntary case under any bankruptcy or similar law.

 

• Changes

1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made we will provide at least 14 (fourteen) days' notice prior to any new terms taking effect by publishing an announcement at curaguru.com website.

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• Confidentiality

  1. Confidential information (the “Confidential Information”) refers to any data, information and document relating to the information of the Customers contain in the Products, and that is not generally known and where the release of the Confidential Information could reasonably be expected to cause harm to the Customer and the Merchant.

  2. It shall be the responsibility of the Parties to ensure that the use of the personal data of the Customers is in compliance with the Malaysian Personal Data Protection Act 2010 ("PDPA") and any regulations, Codes of Practice, rules, by-laws or guidelines made pursuant to it as well as any equivalent successor to the PDPA and the accompanying regulations, Codes of Practice, rules, by-laws or guidelines (together, "Data Privacy Laws"). 

  3. The obligation of confidentiality shall apply during the whole term of the Service usage and will survive indefinitely upon suspension.

  4. All written and oral information and materials disclosed or provided by the Merchant to the Purchaser is Confidential Information.

 

• Indemnification         

  1. The Merchant agrees to indemnify and hold harmless the Purchaser, and its respective affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission that occurs in connection with the use of the Service.

  2. In the event the Purchaser discovers that the Merchant is operating illegally or its license being revoked at or before the transaction for whatsoever reasons, the Merchant shall buy back the Products at the same price minus payments already made to the Purchaser by the Customer.

 

• Dispute Settlement

  1. Any dispute, controversy or claim arising out of or in connection with the use of the Service shall be solved amicably by way of negotiation between the Parties. The Parties shall use their best endeavors and good faith to resolve disputes arising. Any decision in writing mutually recorded between the Parties herein shall be binding on all Parties. 

  2. Any dispute, controversy or claim arising out of or in connection with the use of the Service that cannot be resolved shall be finally settled by Courts of Malaysia.  

  3. The Parties undertake and agree that all legal proceedings conducted shall be kept strictly confidential, and all information, documentation, materials in whatever form disclosed in the course of such legal proceedings shall be used solely for the purpose of those proceedings.

 

• Force Majeure

  1. The occurrence of an event which materially interferes with the ability of a Party to perform its obligations or duties hereunder which is not within the reasonable control of the Party affected or any of its Affiliates, and which could not with the exercise of Diligent Efforts have been avoided (“Force Majeure Event”), including, but not limited to, war, rebellion, earthquake, fire, accident, strike, riot, civil commotion, act of God, inability to obtain raw materials, change in Law, shall not excuse such Party from the performance of its obligations or duties under these Terms and conditions, but shall merely suspend such performance during the Force Majeure Event. The Party subject to a Force Majeure Event shall promptly notify the other Party of the occurrence and particulars of such Force Majeure Event and shall provide the other Party, from time to time, with its best estimate of the duration of such Force Majeure Event and with notice of the termination thereof. The Party so affected shall use Diligent Efforts to avoid or remove such causes of non-performance as soon as is reasonably practicable. Upon termination of the Force Majeure Event, the performance of any suspended obligation or duty shall without delay recommence. The Party subject to the Force Majeure Event shall not be liable to the other Party for any damages arising out of or relating to the suspension or termination of any of its obligations or duties under these Terms and conditions by reason of the occurrence of a Force Majeure Event.

 

• Publicity

  1. The Merchant shall obtain prior written approval from the Purchaser prior to using the Purchaser’s trademarks or trade names, images or holdings (collectively, “Proprietary Marks”). This applies to all uses regardless of whether on the web, in print, or in any other media. Once approved, similar uses in the same context and format will not require additional approval.

 

                                                                   

                                                                                   

 

 

Schedule 1. Basic customer requirements

 

1. Malaysian citizen aged 21 years and above.

2. Employed and having stable monthly income of rm1500 and above

3. Enough payment capacity to repay Installment invoice.

 

Successful assessment should be done prior to buying an appropriate invoice. Online form published at curaguru.com should be used for obtaining assessment results.

 

 

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Schedule 2. Eligible products

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1. Invoice should be issued for the products and services related to the healthcare and provided by the Merchant to individual customers.

2. Minimum each invoice’s purchase consideration: rm300 (three hundred).

3. Maximum each invoice’s purchase consideration: rm15 000 (fifteen thousand).

4. All Products must successfully pass initial assessment with the Purchaser.

 

 

 

Schedule 3. Refund policy

 

1. At all times the Merchant should provide medical services of good quality to Customers and try its best to successfully accomplish the treatment in time and in full accordance with the treatment plan agreed between the Merchant and Customer.

2. Refund to the Customers for the treatment covered by Product sold to the Purchaser, can be only done if the following conditions are met:

   1. Refund is permitted for such cases in the medical services agreement concluded between the Merchant and Customer;

   2. The Merchant is agreeable to process refund.

3. Should the Merchant approve Customer’s refund request, it should be processed in the following manner:

   1. In case of treatment scope decrease and related treatment price decrease:

      1. Once the Merchant will define refund amount (if any), the amount should be transferred to the Purchaser’s bank account via bank transfer. Such refund amount transfer to the Purchaser should be made by the Merchant within 14 (fourteen) calendar days after refund approval to the Customer.

      2. The Purchaser will then use refund amount received to repay the outstanding Customer’s debt (if any) according to the Product.

      3. After successful full Product amount repayment, an excessive amount (if any) will be credited by the Purchaser to the Customer’s bank account via bank transfer. Such transfer should be made by the Purchaser within 14 (fourteen) calendar days after receiving refund amount from the Merchant.

   2. In case of treatment cancelation and related refund for the unprovided part of the treatment:

      1. The Merchant should expressly inform the Customer that for the part of treatment already provided and materials already used Customer will have to pay and that part of the treatment price will not be refunded.

      2. Once the Merchant will define refund amount (if any), it should be transferred to the Purchaser’s bank account via bank transfer. Such refund amount transfer to the Purchaser should be made by the Merchant within 14 (fourteen) calendar days after refund approval to the Customer.

      3. The Purchaser will use refund amount received to repay outstanding Customer’s debt (if any) in accordance with stipulated in the Product.

      4. After successful full Product’s repayment an excessive amount (if any) will be credited to the Customer’s bank account by the Purchaser via bank transfer. Such transfer should be made by the Purchaser within 14 (fourteen) calendar days after receiving refund amount from the Merchant.

   3. In all the other cases refund should be done in the manner as should be mutually agreed between the Merchant and the Purchaser.