The use of the Mobile COVID-19 test service of Europ Assistance Malaysia SDN. BHD (hereinafter referred to as “EAMY”), including the digital solution enabling the Customer to book for the service, is subject to the acknowledgment and the acceptance of the present general conditions.
The purpose of these general conditions is to define the rights and obligations of the Customer and of Europ Assistance, related to the coordination of Mobile COVID-19 test in Malaysia.
ARTICLE 1 – THE SCOPE OF THE SERVICE
The coordination of mobile COVID-19 test, the Service, is a solution that allows the Customer to get tested for COVID-19 at the location of its choice (home, hotel, office…). EAMY puts in relation the Customer with its partners, Medical Labs in Malaysia that are authorized by Malaysian relevant authorities to conduct RT-PCR and Antigen tests.
ARTICLE 2 – DEFINITIONS
The following terms are of the meaning and scope given in their definition in the context of the implementation of these general conditions.
Medical team means the medical labs, partners of EAMY in charge of conducting the sample collection and arranging the results in accordance to Malaysian authorities
Customer means an eligible person activating the Service with EAMY to book for a COVID-19 test in the location of its choice. The Customer can be represented by a legal representative or a third party clearly designated by the Customer.
Service means the coordination of mobile COVID-19 tests by EAMY that includes (i) the online booking of the Service, (ii) the sample collection at location of choice, and (iii) the test result valid for Travel shared with the Customer.
Software means the complete computing solution develop by EAMY or by its vendors, put at the disposal of the Customer and Medical Professionals to access and deliver the Service. It includes the online booking and multi channel communication tools.
COVID-19 test means RT-PCR test or Antigen Test as defined by the World Health Organization : https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/testing.html
ARTICLE 3 – LEGAL FRAMEWORK
EAMY partners with medical labs whose tests kits and processes have been registered by the Malaysian Medical Device Authority.
EAMY support team is available twenty-four (24) hours a day, seven (7 days) a week calling at 03 2302 0000 or e-mail firstname.lastname@example.org
ARTICLE 4 – DISCLAIMER & WARNING
The Service is not an emergency service. In case of emergency, the Customer should call the local emergency phone numbers or go directly to the nearest emergency unit at a medical facility.
The Service does not substitute to the relationships of the Customer with her/his usual treating doctor. We strongly encourage the Patient to share with the treating doctor any communication she/he may have with a doctor of the Service.
EAMY Mobile RT-PCR Covid-19 Service does not include with bed finding service in hospital. In case customer result becomes POSITIVE, EAMY Partner will submit the final report to Ministry of Health Malaysia. The customer would need to contact Ministry of Health directly to discuss on the next step.
ARTICLE 5 – ACCEPTANCE OF THE GENERAL CONDITIONS
The acceptance of these general conditions by the Customer is a prior condition to the performance of the Service by EAMY. The Customer undertakes to unconditionally and fully respect the terms described below that apply throughout the duration of the Service.
In view of possible changes of local or international regulations and amendments to the Service, EAMY reserves however, the right to amend these general conditions at any time.
The new general conditions apply automatically for any new Customer.
ARTICLE 6 – THE SERVICE
6.1 Description of the Service
The Service includes 3 major steps, which are described below:
(i) the online booking of the Service
(ii) the sample collection at location of choice
(iii) the test result valid for Travel shared with the Customer
1. Online booking of the Service
The Customer is choosing the type of test (RT-PCR or Antigen), location, number of pax, whished date and time for the Service and proceeds to online payment.
EAMY contacts the Customer by phone/email to confirm the slot, location and requests for sharing of the ID/passport.
Any booking must be cancelled minimum 48 hours before the appointment date to be eligible for a refund. To cancel or reschedule, please contact us at 03 2302 0000 or e-mail email@example.com
To reschedule, please contact Europ Assistance at 03 2302 0000 or e-mail firstname.lastname@example.org Reschedule must be made 48 hours before the appointment otherwise, the company reserves the right to deny reschedule.
2. The Service
At the date and time of the Service, the medical team medical team will arrive at customer residence 15 minutes prior the appointment. If the medical team arrives and is unable to contact to customer by given contact details more than 30 minutes, our team reserves a right to deny service and customer must re-book again by contact us at 03 2302 0000 or e-mail email@example.com
It is mandatory for all customers to authorize the medical facility who has attended to him/her and the people tested to disclose any and all medicinal information with respect to the COVID-19 test to third parties including EAMY medical provider and the government sector.
3. The Test result
The result will be available in :
– For RT-PCR test : In 24 to 72 hours
– For RT-PCR Fast Track : In 12 hours
– For Antigen Test : In 30 minutes
The test result will be shared by email to the email address provided by the Customer during online booking process.
If customer require a hard copy, please inform EAMY in advance for arrangements to courier the documents to you for an additional fee 25 – 60 MYR the price depending on customer location. Customer can pay to messenger directly.
ARTICLE 9– RESPONSIBILITY
9.1 Responsibility of EAMY
EAMY is responsible for the coordination of the Service.
EAMY cannot be held responsible for any damage caused by viruses, bugs, or even any program or application that would be incompatible with the infrastructure used by the Customer, nor the damage to the Customer as a result of an interruption, maintenance, technical problem, power outage or telecommunications networks, overload, lack of continuity of telecommunications networks including the Internet, omission, negligence or the lack of third party or Customer or incompatibility of the Customer’s computer configuration.
EAMY will not be held responsible for any non-performance or delay in the performance of the Service, caused by events beyond his control (“Force Majeure Case”).
A Force Majeure case includes any act, event, non-achievement, omission, or accident beyond EAMY’s control and includes (without limitation):
1. Strikes, closures or other industrial actions
2. Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, (declared or undeclared), or threat or preparation for war
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters
4. Unable to use rail, boats, planes, roads or other means private or public transport
5. The impossibility, whatever the cause, to use telecommunications networks public and private
6. Acts, decrees, legislation, regulations or restrictions of all governments
7. Strike, failure or accidents of shipping, postal or other
The application of the general conditions will be suspended as long as the Force Majeure Case is in force. EAMY will endeavor as much as possible to find a solution that would allow to carry out its contractual obligations despite the case of Force Majeure.
In particular, EAMY is not liable for damages resulting from:
– The transmission by the Customer to third parties of any information about his health;
– The Customer’s disclosure to third parties of the links and credentials to connect the Service;
– The use by the Customer of another Customer’s details
EAMY partners with Medical Labs that showed proof which confirms the relevant tests kits have been registered by the Malaysian Medical Device Authority.
9.2 The Customer Responsibility
The Patient remains fully and personally responsible for the use of the Service.
In using the Service, the Patient agrees not to:
– Misrepresent your identity or affiliation in any way;
– Violate any applicable laws or regulations or these general conditions;
ARTICLE10 – INTELLECTUAL PROPERTY RIGHTS AND CONTENT
All materials used for the Service, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by EAMY or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of EAMY and licensors. All rights and title to the Content, trademarks and service marks herein remain with EAMY or its licensors.
ARTICLE 11 – CLAIMS
Any complaint related to the use of the Service or the Software should be addressed by courier with receipt of acknowledgment to:
Europ Assistance Malaysia SDN. BHD, 10th Floor, Menara Multi-Purpose, Capital Square, 8, Jalan Munshi Abdullah, 50100 Kuala Lumpur, Wilayah Persekutuan Kuala Lumpur or by email to firstname.lastname@example.org
ARTICLE 12 – APPLICABLE LANGUAGE AND LAW
The language of the present general conditions is the English and refer to the Malaysian laws.