Terms and Conditions of Use

Important: MedBay acts solely as a booking and information facilitation platform and is not the provider of medical services, medical advice, diagnoses, or treatments directly. All medical decisions remain the sole responsibility of you and your chosen healthcare providers. We are not a party to any contract for medical services between you and a healthcare provider.

If you are below the age of 18 or otherwise legally require guardian consent, your parent or legal guardian must consent to these Terms on your behalf and assumes full responsibility for your use of the platform, including any fees or obligations incurred.

MedBay may suspend or terminate access immediately where reasonably necessary to protect the platform, other users, healthcare providers, or to investigate suspected fraud, abuse, illegality or material breach of these Terms.

Information displayed on our platform is aggregated from publicly available sources:

Any healthcare provider suggestions, rankings, comparisons, cost indications or other information made available through the platform are general informational tools only and do not constitute medical advice, clinical triage, diagnosis, treatment recommendation or endorsement of any healthcare provider. You are solely responsible for evaluating the suitability of any healthcare provider, procedure, treatment or facility.

You must not attempt to obtain unauthorized access to any part of the platform, our systems, or any information protected therein.

If MedBay has reason to suspect you have engaged in any prohibited conduct, we may, without liability to you: report the activity to relevant authorities; cancel or refuse any transaction; suspend or terminate your account; and/or take any further action deemed necessary, including legal proceedings.

Where enquiries or communications are conducted through third-party messaging platforms, you acknowledge that such communications may be processed, stored, or retained by the relevant third party platform in accordance with its own terms and privacy practices. MedBay may access and use the content of such communications only to the extent necessary to respond to your enquiry, facilitate provider introductions, booking, or service support, and as otherwise described in the Privacy Policy.

For full details on how we collect, use, disclose, store, retain and protect your personal data, including health related information, please refer to our Privacy Policy which forms part of these Terms.

You are advised to clarify all costs and payment terms directly with the relevant healthcare provider before proceeding.

MedBay is not responsible for any loss, cost, or inconvenience arising from cancellations, no-shows, or rescheduling by either party.

Reviews and ratings displayed on our platform are aggregated from publicly available third-party sources. MedBay does not create, verify, endorse, or take responsibility for the accuracy, opinions, or content of these reviews.

MedBay is a mere conduit and aggregator of publicly available information. If you believe any content displayed on the MedBay platform is defamatory, infringes intellectual property rights, or is otherwise unlawful, please notify us immediately at hello@medbaycare.com with the specific URL and basis for your complaint. Upon receipt of a sufficiently detailed notice, MedBay may, acting reasonably and in good faith, review the complaint and may temporarily restrict or remove access to the disputed content pending further review, clarification from the original source, or resolution with the relevant parties or authorities.

You grant MedBay a non-exclusive, worldwide, royalty-free licence to use content you submit to the platform solely to operate, maintain, improve, support and lawfully market the platform, subject always to the Privacy Policy and applicable law. For the avoidance of doubt, health related personal data will be handled only as permitted by the Privacy Policy and applicable law.

To the fullest extent permitted by applicable law, MedBay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the platform; (b) any conduct or content of any third party on the platform, including healthcare providers; or (c) unauthorized access, use, or alteration of your transmissions or content.

Notwithstanding anything to the contrary contained herein, MedBay's total aggregate liability to you for any claims arising out of or relating to these Terms or the Platform shall be limited to the total amount of fees paid by you to MedBay in the twelve (12) months preceding the event giving rise to the liability, or Ringgit Malaysia One Hundred (RM100), whichever is greater.

This Section 15 applies only to the maximum extent permitted by the mandatory laws of the jurisdiction applicable to you. If you reside in a jurisdiction that does not allow the exclusion of certain warranties or the limitation of liability for certain types of damages, some of the above limitations may not apply to you.

This indemnification obligation shall survive the termination of these Terms and your use of the platform.

These Terms shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts of Malaysia in relation to any dispute arising out of or in connection with these terms.

Notwithstanding Section 20.2, if the mandatory laws of your country of residence provide that you may bring a claim in your local courts and such right cannot be waived by agreement, you may bring such a claim there. MedBay does not, however, consent to the jurisdiction of courts outside of Malaysia for any other purpose.

MedBay values its relationship with users. Before commencing formal legal proceedings, we encourage you to contact us at hello@medbaycare.com to seek to resolve the dispute amicably through good-faith negotiations.

The Platform is operated from Malaysia and is primarily intended for users in jurisdictions selected by MedBay from time to time. Users are responsible for ensuring their access and use complies with local law. MedBay may restrict access in certain jurisdictions where legal or regulatory requirements make operation impracticable