Introduction

1. By using the Services and/or Products of Shan Interior Solution Sdn. Bhd. Nemed Dr. Maintenance (“DRM”), you agree that you have read and understood the terms provided in this Terms and Conditions which are applicable to you. The Terms and Conditions constitute a legally binding agreement (hereinafter referred to as “Agreement”) between you and DRM. This Agreement applies to the use of Services and/or Products provided by DRM. In the event you do not agree with the Terms and Conditions contained herein, please do not use or continue using the Services and/or Products of DRM.
2. DRM may amend and/or update the terms in the Terms and Conditions from time to time. Such amendments and/or updates shall be effective once they are posted on the website www.mydrmaintenance.com It shall be your responsibility to review and check the Terms and Conditions regularly. Your continued use of the Services and/or Products after any amendments and/or updates , whether or not reviewed by you, shall constitute your agreement to be bound by such amendments and/or updates.
3. DRM is a company which carry on the business in e-commerce and or online platform specializing in all kinds of repairs, maintenance, marketing and/or video production in the field of construction services and related activities and any other businesses which may be conveniently carry out in the connection therewith and/or the business of providing other information technology services and related activities and any other businesses that can be carried out in connection with the above and/or on the business as general traders and merchants, dealers, importers, exporters, distributors, dealers, buying or selling commission agents, manufacturers' agents and representatives and otherwise deal in goods, provisions, merchandise, commodities of all kinds, whether manufactured, in a semi-manufactured or raw state, plant and machinery and articles of all descriptions, both wholesale and retail, and to transact every kind of agency business.

Interpretation

In this Terms and Conditions, the following words shall have the meaning as follows:-

1. “User” or “Consumer” means any end user who access the website and/or use the Services and/or Products of DRM;
2. “Partner” means the independent third parties, such as merchant, contractor, investor and/or advertiser who provide the relevant services, products and/or solutions to the user through DRM;
3. “Personal Data” means the information which could identify you and shall include but not limited to your name, identity card number, passport number; gender, rac, contact details including address, email address and phone number, name of company, company number, name of director, owner and/or partner of the company, image, sensitive personal data, financial and/or credit card details, the name of bank and other pertinent banking information, tax file identification number and/or such other relevant information which enable us to deliver our services;
4. “Platform” means the website, software, application and/or any other platform which DRM owns, operates or otherwise make available to the Users and/or Partners for the purposes of or in connection with the Services and/or Products;
5. “Privacy Policy” or “Privacy Notice” means the privacy policy or privacy notice of DRM which is accessible at the website of www.fixidhome.com that may be amended and/or updates from time to time;
6. “Service” means the linking of User to Partners through the Platform of DRM and” other services which DRM may make available from time to time; and
7. “You” means the Partner and/or Consumer as may be applicable.

Representations, Warranties and Undertakings

By using the Service and/or Platform of DRM, you hereby represent, warrant and undertake that:-

1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old;
2. You provide the true, accurate and complete information required for the Service and shall maintain and update your information at all times during the term of the Agreement;
3. You agree that DRM may rely on your information as it is true and accurate;
4. You acknowledge that if any of your information is untrue, inaccurate, not current and/or incomplete, DRM has the rights but not obligation to terminate this Agreement and your use of Service and/or Product with or without notice;
5. When using the Service, Product and/or Platform of DRM, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
6. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
7. You will not interrupt, impair or harm the Service and/or Platform in any way;
8. You will not attempt and/or commercially exploit any part of the Service and/or Platform without our permission;
9. You agree to assist DRM with any internal or external investigations as may be required by any laws and/or regulations;
10. You agree that your use of Service shall subject to the Privacy Policy or Privacy Notice of DRM; and
11. You agree to undertake full responsibility and liability for all the kisses or damages suffered by yourself, DRM and/or any other party as a result of your breach of this Agreement.

Partners: Additional Representations, Warranties and Undertakings

If you are Partner, you hereby represent, warrant and undertake that:-

1. You are solely responsible for your own used and/or hire of equipment, tools, products and/or labor in the course of providing the Service, if applicable;
2. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Service(s) provided by you;
3. You shall obey all laws and regulations in regards to the Service provided by you and will be solely responsible for any violations of such laws and you acknowledge that DRM has the right to carry out any due diligence on you from time to time in order to ensure the legality;
4. You shall not contact Consumers for purposes other than in connection with the Service;
5. You are solely responsible for the telecommunication charges and /or travelling charges when communicating and/or providing Service to the Customer; and
6. If you are required to sign up and/or register for an account on behalf of your employer; your employer shall be the owner of that account and your representation shall bind your employer to the Agreement

Payments Terms for Consumer

1. Consumers are required to make full payment or all services offered in DRM by the payment methods available to you at the time of booking. Any payment made is non-refundable and irrevocable.

Payment Terms for Partner

1. Payment terms for the Partner shall be as follows: 30 Days payment terms, Twice a Month and payment via bank. The Partner shall be responsible for submitting accurate and timely invoices to receive payment in accordance with these terms. DRM reserves the right to withhold payment if the Partner fails to meet any agreed-upon obligations or if any disputes arise between the parties.

Consumer: Cancellation

1. You may cancel your request for the Service at any time before signing of the Contract of Service.
2. ny cancellation after signing the contract will be falling to minimum charges.

Complaints

1. During the commencement of Service, any complaints between Partners and Consumers must be communicate with each other directly.
2. Consumers may make complaints to DRM in the event that there is no resort for the purpose of obtaining the Service.

Intellectual Property Ownership

1. DRM and its licensor shall own all right, title and interest, including all related intellectual property rights, in and to the website, software and/or any other platform, which are applicable. You shall have no rights or license granted to use the name, logo, website and/or other products of DRM.

Taxes

1. With this Agreement, you hereby agreed to be subject to all the prevailing statutory taxes, duties, fees, charges and/or costs in connection with the Service, as may be applicable from time to time.
2. In the event if you are the Partner of DRM, you shall be responsible to pay any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

Confidentiality

1. You shall maintain in confidence all information and data relating to DRM, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of DRM in the course of this Agreement unless required to be disclosed by laws and regulations.
2. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without the prior written consent of DRM, disclose such information to any third party nor use it for any other purpose.

Data Privacy and Personal Data Protection Policy

1. DRM collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of DRM’s Services and its terms are made a part of this Agreement by this reference.

Third Party Interactions

1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their products and/or service through the website or Platform. Any such communication or agreement is strictly between you and the applicable third party and DRM and its licensors shall have no liability or obligation for any such communication or agreement.

Disclaimer of Warranties

1. we take reasonable efforts to keep the Terms and Conditions and other terms of DRM up-to-date, but we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the website, Platform, Service and/or Terms and Conditions.

Limitation of Liability

1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against DRM by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in using the Service during the event giving rise to such claims. DRM and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for.
2. DRM will not be a party to disputes, or negotiations of disputes between you and Consumers or and Partners including merchants, contractor, advertisers and/or sponsors.
3. The quality of the Service scheduled through the use of the service is entirely the responsibility of the Partners who ultimately provides such Service to Consumers. Therefore, you understand that by using the service, you may be exposed to the Service that is potentially unsatisfied or otherwise objectionable, and that you use the Service at your own risk.

Notice

1. DRM may give you notice through your email address or by written communication sent by registered mail or pre-paid post to your address in the record of DRM.

Dispute Resolution

1. In the event a dispute shall arise between the you and DRM to this Agreement, it is hereby agreed that the dispute shall be referred to the arbitration. The arbitrator’s decision shall be final and legally binding. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and DRM or such other manner which Arbitrator may determine.
2. Where either party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator award, the other party is entitled to the costs of suit, including the legal costs for having to defend or enforce the award.

Relationship

1. Nothing contained in this Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise with DRM.

Severability

1. Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Governing Law

1. This Agreement shall be construed in accordance with and governed in all respects by the laws of Malaysia.

Counterparts

1. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

No Waiver

1. Any failure of DRM to enforce its rights or provision in the Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement

1. This Agreement constitutes the entire agreement between the you and DRM, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

Suspension and Termination

You hereby agreed that DRM may at any time, without notice:-

• (A) to amend, suspend or terminate operation of or access to the website and/or platform and/or use of Service; and/or
• (B) to amend, update or change any applicable policies and/or terms;

as necessary to perform maintenance, error correction and/ or other changes. DRM shall not be required to compensate you for any suspension or termination