Terms of Use

Update Version: February 4, 2025

Trambellir Sdn. Bhd. (hereafter, “Company”), and Trambellir (https://www.trambellir.com) provides the following agreement for the use of the company's services.

NOTE:

  1. The services of the Company are not for residents of California, United States of America and Malaysia.
  2. Trambellir is a health tourism platform and does not in any way provide, promote, or sell any medication or medical treatment to the customers.
  3. Members are advised to contact the healthcare providers directly for any enquiries related to medical treatments.
  4. You are deemed to have accepted this agreement upon usage of services in Trambellir. Please ensure that you have read this user agreement when utilising our services.

1. PURPOSE

This agreement applies to users who utilise the Company’s medical tourism reservation site, “Trambellir”. Customers must use the Company’s services only after consenting to this agreement.

2. MEMBER REGISTRATION

A “member” is defined as an individual who, upon accepting this agreement, has been approved by the Company as a member after completion of member registration procedures as provided by the Company in order to access Trambellir based on these provisions. The Company reserves the right to rescind approval in the event that the user is deemed unsuitable to be a member.

3. INFORMATION PROVIDED BY THE COMPANY’S AFFILIATES

The Company information on facilities, fees, available appointment times, appointment cancellation policies, etc., necessary for each appointment (hereafter, “appointment information”), and information concerning affiliates of the Company including but not limited to clinics/hospitals that will be offered to members and provided on Trambellir. Appointment information is based on the responsibility of clinics/hospitals, and the Company will never assume liability for the information.

4. PAYMENT

Members will pay the treatment fees to the Company using the payment method available on Trambellir when the reservation is finalised. In the case that the cost of any products/services is displayed in a foreign currency and the Company performs the request in other currencies, the Company will exchange the cost into the currency at a rate as decided by the Company. However, payments with regard to specific treatments will be made according to one of the following methods, as dictated on the page in question. The reservation application fee will be paid to the Company by the mode of payment available on Trambellir when the reservation has been finalised, and the remainder will be paid directly to the Company’s affiliates on the day of treatment or the date set by the Company.

5. GOODS AND SERVICES PROVIDED BY AFFILIATES

The Company is not liable for the contents or quality of the services provided by the affiliates of the Company, including but not limited to clinics/hospitals, nor is it liable for issues, conflicts, complaints, or damages incurred by members that arise between members and clinics/hospitals; the problems listed above will be solved between said member and clinic/hospital.

6. MEMBER CANCELLATION OF TREATMENT RESERVATION AND CANCELLATION FEES

Cancellation fees incurred by members cancelling for private reasons will follow the Company’s affiliates' cancellation policy. The Company is not liable for any changes in the foreign exchange rate between the time treatment is paid for and the time that said payment is reimbursed. Cancellations, in general, are conducted in Trambellir. However, if the Company’s affiliate can be reached by phone and the Company’s affiliate has accepted the cancellation, the cancellation procedure can be completed by informing the Company through Trambellir.

7. TREATMENT CANCELLATION AND REIMBURSEMENT BY THE AFFILIATES

All fees will be returned to members in the case that the Company’s affiliate makes a cancellation due to their own circumstances. However, the Company will not be responsible for any difference in foreign exchange rates between the point of the reservation and the point of the cancellation.

8. PASSWORD MANAGEMENT

  1. Members are expected to manage their own passwords.
  2. Members cannot lend, transfer, alter their name, sell, pawn, or allow third parties to use their email address or password.
  3. The Company assumes no liability for damages incurred by a member’s mismanagement of their password, negligence, or allowing a third party to use their account; this will be the responsibility of said member.

9. TERMINATION OF SERVICE

  1. Notwithstanding anything in these Terms of Use, the Company may immediately change the procedures or mode of operation of the service without giving you any reason or notice.
  2. In addition to the Company’s rights above, the Company shall be entitled to immediately suspend or terminate your use of the service (or any part thereof, including any benefits under the service) and your access to the account or take any necessary action the Company may deem fit, with or without any notice to you, upon the happening of any of the following events:-
    1. if, in the opinion of the Company, there is dishonesty, suspected fraud, abuse, not used in good faith, not use as intended, illegality, criminality or misrepresentation in the conduct or your use of the services;
    2. if you have used your account outside its intended use,
    3. if you are in breach of the Company has reasonable grounds to believe that you have breached any of the provisions of these Terms of Use and/or any applicable terms and conditions of any new services as may be provided by the Company from time to time, or have engaged in any conduct prejudicial to the Company or if in the opinion of the Company, your acts are prejudicial to the Company’s interest;
    4. if you are in breach of any acts, statutes, laws, by-laws, rules and/or regulations imposed by any party, regulatory body or government agency;
    5. if you have submitted false documents or have declared false information during your application for the service,
    6. if you have acted in bad faith or with malicious intent; and
    7. if you fail to provide any additional information, the Company may request it from you from time to time.

10. PRIVACY

  1. This Clause shall be read together with the Company’s Privacy Policy, which can be found on Trambellir. In the event of any inconsistencies, any interpretation or construction of this Terms of Use and the Company’s Privacy Policy shall be read together to make the best commercial sense.
  2. You agree that by registering for the account, you consent for your personal information/data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010.
  3. The personal information/data provided by you may be held in a database and the Company may use, store, analyse and transfer and/or exchange such information with all such persons as may be considered necessary. The Company may use, disclose to third parties and process your personal information/data provided by you to the Company for the following purpose:-
    1. processing your application and providing you with the services / products of the Company, as well as services and products by other external providers provided through the Company;
    2. to enable communication;
    3. for administrative purposes and any other ancillary matters related to the provision of services related to the Company; and
    4. sending you marketing, advertising and promotional information about other products/services that the Company and its affiliates, related corporations and third-party services providers/agents may be offering or which the Company believes may be of interest or benefit to you. Additionally, our related, affiliated, and/or associated companies, and strategic partners may contact you about products, services and offers, which we believe may be of interest or benefit to you.
  4. In addition to the Company’s Privacy Policy , the Company may additionally disclose your personal information to the following classes:
    1. affiliated companies with the Company ;
    2. persons/organisations required under law or where disclosure is necessary for the purposes of compliance with applicable laws or in response to relevant authorities’ requests;
    3. government agencies, statutory authorities, enforcement agencies under law; and
    4. the Company’s contractors, service/product providers, consultants, auditors, accountants, solicitors, and advisors.
  5. The personal information/data requested by the Company are mandatory which you must provide and agree to the processing of such personal information/data. Should you decide not to provide any or all of the personal information/data, the Company will not be able to proceed with the provision of the services.
  6. Subject to the provision of the Personal Data Protection Act 2010, you shall have the right to access your personal information/data by requesting for a copy of your personal information/data and request to rectify or update your personal information/data. You have the right to opt out from giving your consent for your personal information/data to be used and/or disclosed by the Company in the manner stated under this clause and under the Personal Data Protection Act 2010. If you wish to opt out, please submit a request to enquiry@trambellir.com. Please note however that if you opt out from giving your consent, the Company will not be able to continue to provide the service to you and you will not be able to use the service.

11. MEMBER RESPONSIBILITY

  1. You shall not:-
    1. use the service for any purpose which is against public interest, public order or national harmony or for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or transmitting any content which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character or in any other manner which may result in complaints, claims, disputes, penalties or liabilities to the Company ; and
    2. hack into, access, tamper, breach or circumvent any authentication or security of any host, network or account of the Company or its provider’s computer systems or interfere with service to any user, host or network, including, without limitation, sending a virus.
  2. You acknowledge that the service is, and shall remain, at all times, the property of the Company and you shall exercise all due care and diligence in the use of the service.

12. LIABILITY

  1. This service is provided on an “as is” and “as available” basis. The Company disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the service including but not limited to:-
    1. availability, accessibility, timeliness and uninterrupted use of the service; and
    2. sequence, accuracy, completeness, timeliness or the security of any data, information provided to you as part of the service.
  2. You shall be solely responsible for any and all consequences of use or misuse of your Account, login credentials, and/or security credentials. You shall be responsible for all losses and payments (including the amount of any transaction carried out without your authority) due to your negligence or where you have acted fraudulently. For the purposes of this clause negligence shall be deemed to include failure to observe any of your security duties referred to in these Terms of Use.
  3. The Company shall not be liable or responsible to you and/or to any other third party(s) for any costs, loss, or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the service including but not limited to:-
    1. your account being hacked and/or theft of your login credentials and/or security credentials; and/or
    2. any resulting dispute between you and the Company’s affiliates over any aspect thereof, including, but not limited to, issues relating to quality, merchantability, fitness for use, quantity, or delivery; and/or
    3. resulting from the exercise of the Company’s rights in these Terms of Use and/or which arise from your default.

13. INDEMNITY

  1. You shall indemnify and shall keep indemnified the Company from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the breach of these Terms of Use, the use of the account and service, content transmitted, received or stored via the service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the services or part thereof.
  2. You hereby agree to fully indemnify and to hold the Company harmless from and against any claim brought by a third party resulting from your use of Trambellir and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered, or incurred directly or indirectly by the Company in consequence of such use of Trambellir, and/or your breach or non-observance of any of these Terms of Use and/or any applicable terms and conditions of any new services which the Company may provide from time to time.
  3. You shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgments awarded against the Company arising from the above claims, and shall provide the Company with notice of such claims, full authority to defend, compromise or settle such claims, and reasonable assistance necessary to defend such claims, at your sole expense.

14. GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the laws of Malaysia, and you hereby submit to the exclusive jurisdiction of the courts of Kuala Lumpur.

15. FORCE MAJEURE

Without limiting the generality of any provision in these Terms of Use, the Company shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom the Company has no control over or any cause outside the Company’s reasonable control.

16. AMENDMENT AND MODIFICATION OF TERMS OF USE

The Company reserves the right at its absolute discretion, from time to time, to vary, add to, delete or otherwise amend these Terms of Use or any part thereof without prior notice of such changes, additions or deletions. Your continued use of the service after the effective date of any variation, addition, deletion or amendments to these Terms of Use shall constitute your unconditional acceptance of such variation, addition, deletion or amendments. You are advised to visit the Trambellir from time to time to keep updated of the latest variation to these Terms of Use (if any).

17. NEW SERVICES

The Company may, at its sole and absolute discretion provide you with new services from time to time, and these new services will be governed by these Terms of Use and the terms and conditions of the respective new services.

18. INTELLECTUAL PROPERTY RIGHTS

All trademarks and other intellectual property rights used in Trambellir belong to the Company.

You acknowledge and agree that all trademarks and other intellectual property rights relating to the services or any part thereof, whether presented to you by the Company, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all the Company’s rights therein are expressly reserved.

19. SERVICE OF NOTICE

The Company may, in its sole discretion, serve you notice under these Terms of Use by posting such notice on Trambellir or any other online or other medium, which the Company may introduce from time to time.

20. SEVERABILITY AND EFFECT OF TERMS OF USE

If any of the provisions herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

21. WAIVER

The Company’s failure to exercise any particular right or provision of these Terms of Use shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by the Company in writing.

22. ASSIGNMENT

You shall not assign or in any other way transfer your rights or obligations under these Terms of Use or part thereof. The Company may assign these Terms of Use in whole or in part to any third party at its discretion.
23. BINDING EFFECT

These Terms of Use shall be binding upon your successors and permitted assigns. These Terms of Use shall be binding upon and enure to the benefit of the Company’s respective successors in title and assigns.

24. INQUIRIES OR COMPLAINTS

For further information, enquiries or complaint on the service, you may contact us at enquiry@trambellir.com