Please read these Terms and Conditions carefully before accessing and/or using any website or any electronic application owned and/or maintained by Optimized-Health Sdn Bhd (“Company”) and/or any of its affiliates or related corporations (“Website” and/or “APP”) and/or before making any purchase of product and/or packages through the Website and/or App.
By accessing and/or using the Website and/or App and/or making any purchase of product and/or packages through the Website and/or App, you hereby agree to be legally bound by these Terms and Conditions that are referenced herein or that shall apply to the use of the Website and/or App and/or the purchase of product and/or packages through the Website and/or App. If you do not accept these Terms and Conditions, please do not continue using the Website and/or App or making any purchase of product and/or packages through the Website and/or App.
1.1 The domain name “become.my” and the “Become web app” are owned by the Company.
1.3 These Terms and Conditions form a document which is generated by a computer system and thus these Terms and Conditions do not require any physical or digital signature.
1.4 Wherever the context so requires, the term “You”/“User” shall mean any natural or legal person who is using the Website and/or App and the term “We”/”Us” shall mean the Company.
1.5 You must not misuse the Website and/or App and/or do anything to cause harm to the Website and/or the App (including but not limited to doing anything that cause the transmission of any virus or harmful material to the Website and/or App).
1.6 You must not attempt to gain unauthorised access to the Website and/or App and/or to the database maintained by the Company. In the event of such a breach, your right to use the Website and/or App will cease immediately and the Company may report this breach to the relevant law enforcement authorities.
1.7 If you choose, or you are provided with, a user identification code, password or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party. As part of security procedure, the Company has the right to disable any user identification code or password, at any time, if you have failed to comply with any of these Terms and Conditions.
1.8 The Website and/or App is not free from bugs or viruses and that you are responsible for configuring your information technology, computer programs and/or platform. You agree you should use your own virus protection software.
1.9 The Website and/or App may contain links to third party websites. The Company is not responsible for the content or privacy policies of those websites, and these links on the Website and/or App should not be considered as endorsement or recommendation to these third party websites. As a result of this, please note that these websites may be governed by separate terms and conditions which should be referred to by visiting those web pages.
1.10 You may link to the home page of the Website and/or App, provided that you do so in a way that is fair and legal and does not damage the reputation or take advantage of the Company or its brand. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of the Company where none exists. You must not establish a link from any website that is not owned by you. The Company reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Website and/or App other than that set out above, please address your request to firstname.lastname@example.org.
1.11 The Company does not guarantee that the Website and/or App, or any content on it, will always be available or be uninterrupted. The Company may suspend access to all or any part of the Website and/or App, or close it indefinitely for business and operational reasons. The Company will try to give you reasonable notice of any suspension or withdrawal.
1.12 Whilst the Company has taken reasonable steps to ensure the accuracy and correctness, the material on the Website and/or App could include technical inaccuracies or typographical errors. The Website and/or App and the information contained on it are delivered on an “as-is” and “as-available” basis.
1.13 The Website and/or App may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by the Company. The views expressed by other users on the Website and/or App do not represent our views or values.
1.14 All information, data and materials relating to dental, medical and health conditions, products and treatments provided on the Website and/or App are provided for informational purposes only and do not constitute medical advice, recommendations or warranties of any kind. The information provided in the Website and/or the App is not a substitute for the advice of a registered dental and/or medical practitioners. You are advised to seek the consult and advice of registered dental and/or medical practitioners, where appropriate.
2. PRODUCTS AND PACKAGES
2.1 The Company carries on the sale of the Become invisible braces (which are dental clear aligners) (“Product”). In selling the Product, the Company offers various product and sales packages for your option (“Packages”). The Product does not include retainers and the retainers are sold separately (please see Clause 3.3(d) for information). Please refer to the Website for more details of the Product and Packages – www.become.my
2.2 The Company can refer you to registered and qualified dental practitioner(s) within its panel who has/have agreed to collaborate with the Company pursuant to a collaboration agreement entered into between he/she/them and the Company to undertake the dentistry services to compliment the sale of the Product to you (“Dental Practitioner”). The services by the Dental Practitioner are listed here and may be offered through the Website and/or App, to the extent legally and ethically appropriate and/or possible, or physically at the place of practice of the Dental Practitioners:
2.2.1 Intraoral scanning;
2.2.2 Impression taking;
2.2.3 Interproximal reduction;
2.2.4 Treatment planning related to the Product; and
2.2.5 Treatment plan review related to the Product.
(The abovementioned services provided in the Package shall hereinafter be referred to as “Services”). The list of Services in the Package may be deleted, amended and/or added from time to time by the Dental Practitioner and/or the Company and such deletion, amendment and/or addition shall take effect immediately on the issuance of a written notice by the Dental Practitioner and/or the Company to you.
2.3 The Company collaborates only with a Dental Practitioner on its panel, and who has signed a collaboration agreement with the Company as defined in Clause 2.2 above, and all references to “Dental Practitioner” in these Terms and Conditions shall be in reference to such Dental Practitioner only.
2.4 The Services (whether as part of the Packages or otherwise) will be and/or are provided to you by the Dental Practitioner and not by the Company. For the avoidance of doubt, the Company does not practise dentistry and/or any other licensed profession and it does not interfere with the practice of dentistry and/or any other licensed profession. The parts of the Services which will be borne by the Company as part of the Package purchased by you will be set out in the details of the Packages in the Website and/or App.
2.5 The use of this Website and/or App and/or the purchase of the Product and/or Packages by you from the Company and/or the use of the Services do not create a doctor/dentist-patient relationship or other fiduciary relationship between the Company and you. Nothing in these Terms and Conditions shall be read and/or interpreted to mean, whether expressly or by implication, a doctor/dentist-patient relationship or other fiduciary relationship between the Company and you. The Services do not render the Dental Practitioner an employer, employee or agent of the Company for any purpose or vice versa.
2.6 The Company shall not be liable to you in any way in regard to the Services provided by the Dental Practitioner including but not limited to any professional advice, consultation, diagnosis, treatment, procedure and/or medication you may obtain from the Dental Practitioner. The Company shall not be liable for any deficiency including but not limited to misconduct, injury caused or lack of knowledge of the Dental Practitioner. The Company is not a party to the interaction between the Dental Practitioner and you and the Company takes no liability in regard to any such acts and/or omissions of the Dental Practitioner.
2.7 During your scan/impression appointment you will be attended by a Dental Practitioner, who will assess your suitability for our Product. If the Dental Practitioner finds you treatable, you will be eligible for an intraoral scan or impression taking to get 3D visuals of your teeth. The images will be used by the Dental Practitioner for full analysis and smile simulation design. Only intraoral scan or impression taking, and no other dental procedures is free of charge during your scan visit.
2.8 You can only qualify for a free refinement if there are visible differences in simulation and actual results, and if you have submitted at least 50% of becomeDiary bi-weekly photo updates. This will also be subject to the discretion of the Dental Practitioner. You also need to contact The Company within 14 days of the end of the treatment to qualify for free refinements.
3. SPECIFICATIONS, RISKS AND DISCLAIMERS
3.1 The Product is custom-made to your individual specification. Please allow some time for the production of the Product for you. On your purchase of the Product, if your receipt of the Product is delayed by any event outside of the control of the Company, the Company will contact you as soon as possible to let you know and the Company will take steps to minimise the delay. The Company will not be liable to you for delays caused by any event, but if there is a risk of substantial delay you may contact the Company to end the contract and receive a refund for the Product and/or Packages which you have paid for but have not received. The accuracy of the scan or impression is only valid for a period of 90 days, the Company will not be liable if treatment has not commenced 90 days after the scan was done.
3.2 The Company and the Dental Practitioner do not guarantee successful treatment outcome related to your chief concern from the use of the Product and/or on your purchase of the Packages. Your use of the Product is expected to last between 6 and 9 months. However, individual results vary and the Dental Practitioner may advise on a longer or shorter treatment process.
3.3 The Company and/or the Dental Practitioner shall not be liable:
(a) for any defect that is caused by neglect, misuse or mistreatment of the Product by you and/or any third party (including but not limited to other dental practitioners) not instructed by the Company and/or the Dental Practitioner;
(b) for any defect that is caused by failure to follow directions including but not limited to wearing the Product out of sequence, not wearing the Product for the entire duration of the specified wear schedule, not providing bi-weekly photo updates or wearing the Product for less than 22 hours per day or such other number of hours as specified by the Dental Practitioner;
(c) for any lack of results due to the Product being misused, modified and/or used in combination with dental procedures and/or other third party products and/or by failure to adhere to the advice, prescription or treatment plan given by the Dental Practitioner such as interproximal reduction (IPR) appointments and/or the guidelines for use of the Product; or
(d) if you do not subscribe for, purchase and/or use the retainer, if recommended by the Dental Practitioner for a better success rate;
(e) if you use the Product for any commercial, business or re-sale purposes (including but not limited to the loss of profit, loss of business, business interruption, or loss of business opportunity).
3.4 By using the Website and/or App, you acknowledge and consent to the following:
3.4.1 the Website and/or App does not serve all your medical or dental needs;
3.4.2 it is necessary for you to go in for an in-person consultation with the Dental Practitioner for the Services and such other activities as may be notified by the Company and/or the Dental Practitioner;
3.4.3 the Company assumes no liability for any advice, consultation, services (including the Services) or treatment provided by such registered dental professionals (including the Dental Practitioner).
3.5 Should you have any dental, medical or health-related queries, you should see your dentist (including the Dental Practitioner), doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by the Company in the Website and/or App, and you should not use the Website and/or the App for diagnosing or treating a dental, medical or health problem, or prescribing medication.
4. PERSONAL DATA AND RISKS
4.1 For the purposes of your consultation with the Dental Practitioner, details of your personal data and personal health information (including but not limited to your medical history) (“Personal Data”) will be shared by the Company with the Dental Practitioner. You acknowledge and consent to the disclosure of the Personal Data by the Company to the Dental Practitioner.
4.2 Your Personal Data may also be discussed with you and/or disclosed through the use of interactive video, audio and/or other forms of telecommunications technology and the Dental Practitioner may also carry out the consult, diagnosis or treatment plan (to the extent legally and ethically permissible) for you using these technologies. There are potential risks associated with such use technologies. These risks include, but may not be limited to:
4.2.1 information transmitted may not be sufficient (e.g. low quality of images) to allow for appropriate decision making by the Dental Practitioner;
4.2.2 delays in evaluation or treatment could occur due to failures of the electronic equipment or communication networks;
4.2.3 a lack of full access to all your health records may result in adverse drug interactions or allergic reactions or other judgment errors in rare cases;
4.2.4 security protocols could fail, causing a breach of privacy of personal health information;
4.2.5 the transmission of your Personal Data could be disrupted or distorted by technical failures; or
4.2.6 the transmission of your Personal Data could be interrupted by unauthorised persons; and/or the electronic storage of your Personal Data could be accessed by unauthorised persons.
You acknowledge and consent to the communication of the Personal Data through the use of interactive video, audio and/or other forms of telecommunications technology (whether through the Website, App or other forms) and the risks associated with it.
4.3 Details of your Personal Data will be shared by the Company with its directors, employees, contractors or other dental practitioners, by the Dental Practitioner with its directors, partners, employees, contractors or other dental practitioners and you acknowledge and consent to the disclosure of the Personal Data by the Company or the Dental Practitioner to such persons or entities. The means of communication and the risks highlighted above apply to the disclosures envisaged here too and you acknowledge and consent to such means of communications and risks.
4.3 Calls from the sales team of the Company may be monitored or recorded for quality purposes.
4.4 You have the right to withhold or withdraw consent to the disclosure of your Personal Data by the Company or the Dental Practitioner at any time by prior notice in writing to the Company. If the Company is not able to continue to sell the Products and/or the Packages as a result thereof, the Company will inform you of the same. If the Dental Practitioner is not able to treat you as a result of the same, the Dental Practitioner will inform you of the same.
5. YOUR SUITABILITY
5.1 The Company and/or the Dental Practitioner has the right to determine at any time if you are a suitable candidate for the Product. If you are not, the representatives of the Company and/or the Dental Practitioner will notify you whether before or after your purchase of the Products and/or the Packages. The intraoral scan or impression taking will not be performed as the invisible braces is not the suitable treatment for you. Subject to the applicable refund policies, if you return the Product on such grounds, your refund will be equal to the amount you paid for the Product.
6.1 All intellectual property rights in the Website and/or App, and in the material published on it, is owned by and/or licensed to the Company.
6.2 No part of the materials on the Website and/or App should be used for commercial purposes without obtaining a licence to do so from the Company or its licensors.
6.3 You may print off one copy, and may download extracts, of any page(s) from the Website and/or App for your personal reference and you may draw the attention of others within your organisation to material posted on the Website and/or App, but you must not republish, redistribute or amend the copies of any material you have printed off the Website and/or App without the prior written consent of the Company. If you print, copy or download and/or store any part of the Website and/or App in breach of these Terms and Conditions, the Company will cease your right to use the Website and/or App immediately and you must, at the option of the Company, return or destroy any copy of the materials you have made.
7.1 The purchase of the Product and/or Packages, may be subject to payments now or in the future. Please note that any payment term presented to you in the process of using or signing up for the Product and/or Package is deemed part of this Agreement. Please refer to the Website and/or App for pricing details: https://become.my/pricing/
7.2 Based on the Product and/or Package you have purchased, part of your payment for the Package may go directly to the Dental Practitioner for the Services and/or any part thereof. The payment by the Company to the Dental Practitioner for any of the Services provided to you are based solely on terms and conditions mutually agreed upon by the Company and the Dental Practitioner in consideration of, among others, a mutual collaboration. Nothing in this Clause or
this Agreement shall be interpreted to mean that the Company is providing dental services (including the Services) to you and/or carrying on the practice of dentistry and it shall not be interpreted to mean and/or imply that either party is an employee, agent or whatsoever of the other. For avoidance of doubt, the Company shall not be liable to pay:
7.3 The Company uses a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your account for the Product and/or Packages you purchase (“Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By choosing to proceed, you agree to pay the Company, through the Payment Processor, all charges at the prices indicated on the order pages when you placed your order for the Product and/or Packages in accordance with the applicable payment terms and you authorise the Company, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payments using that selected Payment Method. The Company uses reasonable care to ensure that the prices advised to you are correct. However, the Company reserves the right to correct any error or mistake that it makes even if it has already requested or received payment.
7.4 Instalment payment plans
7.4.1 Some of the Packages, such as the purchase of custom-made invisible braces and/or other products, may consist of an initial period, for which there is a one-time charge (“Down Payment”), followed by recurring period charges (“Monthly Instalment Payments”) as agreed to by you. By choosing an installment payment plan, you acknowledge that it has an initial and recurring payment feature and you accept responsibility for all recurring charges.
7.4.2. Down Payment is payable upon purchase of the Product and/or Package subject to the instalment payment plan.
7.4.3 For Monthly Instalment Payments, you are obliged to make payments every calendar month. Monthly payment should be done by you not later than in the 2 business days following the automatic credit card charge requested by the Payment Processor. Actual day of payment by you is taken as the day of receipt in the Company’s bank account. In case scheduled payment day falls on non-working day or gazetted public holiday, the payment day is transferred to the next business day.
7.4.4 In the event you default in Monthly Installment Payments for a period of more than thirty (30) consecutive days from the payment due date, the Company shall cease to provide the Product and/or any support under the Packages under this Agreement to you with immediate effect and the Company reserves the right to take whatever action deemed appropriate and necessary including terminating this Agreement, reporting you to CTOS/RAM Credit Information and initiating legal proceedings towards the recovery of the debt and any other damages applicable. The Company reserves the right to outsource its collection activities to third party collection agents. You hereby acknowledge and consent to the transfer of your Personal Data to such agents in regard of above procedure. The Company may without prejudice to any of its rights and remedies under this Agreement charge an overdue interest of 5% p.a., charged for each day of overdue on the payment in arrears. Late payment fee may be charged once per each late payment. Late payment fee may be included in the relevant Monthly Instalment Payments.
7.4.5 You shall not be entitled to terminate this Agreement without first making full early repayment. You have a right to make a full early repayment. Full early repayment amount is calculated by the Company upon your request. Full early repayment amount is calculated as a sum of total payments due, including all late payment and other fees, remaining outstanding principal, interest of current payment due and remaining amount payable under this Agreement. Partial early repayment is not allowed.
7.5 If the amount to be charged to your Billing Account varies from the amount you pre-authorised (other than due to the imposition or change in the amount of duty and taxes), you have the right to receive, and the Company shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7.6 Contact and billing data:
7.6.1 You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date, and you must promptly notify the Company or the Payment Processor if your payment method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password.
7.6.2 You shall inform the Company immediately in writing or by email of any change to your contact details (namely, your address, contact number, and/or any other related information).
7.7 Free trials and other promotions that provide access to an instalment payment promotion must be used within the specified time of the trial. You may only purchase one (1) unit of each Product at the stipulated promotional discount. Each deal is subject to a time restriction. The order must be placed before expiration thereof to receive the promotional discount. Promotional discounts are non-transferrable, not for resale and not redeemable for cash. Promotional discounts are good only for specific Products featured. Subject to the applicable refund policies, if you return a Product purchased using a promotional discount, your refund will be equal to the amount you paid for the Product
7.8 For retainer subscriptions, this is an automatic renewal subscription service. Upon the expiration of the original term or any renewal term, the retainer subscription shall be automatically renewed for a one (1) year period unless, at least thirty (30) days prior to the renewal date, you give the Company written notice of your intent not to continue the subscription.
7.9 For free invisible braces replacements under the insurance package, it only takes effect if you keep all previous invisible braces sets. While the Company ships the replacement invisible braces, you will likely need to wear the previous set to avoid causing orthodontic relapse. The Company will decide that only in necessary cases warranting replacements will the replacement invisible braces be shipped out. In some cases, you may skip to the next set of invisible braces, if so advised by the Dentist.
8. REFUND POLICY
8.1 Since the Product which is invisible braces is a customised product made to your individual specifications, we are not able to repurpose the produced invisible braces for you to others. Hence, we are unable to provide refunds for already purchased invisible braces.
8.2 If you have received a Product which is defective or damaged, please contact us at email@example.com to request a replacement thereof.
9.1 The Company may, without prior notice, and at its sole discretion, terminate this Agreement and/or terminate or suspend your right to access or use the Website and/or App and to block any future access and/or use of the Website and/or App by you, including but not limited to situations where it is determined that there is unauthorised use / access thereof in a manner that violates the laws of the applicable jurisdiction; threatens the security or otherwise harms the Company, the brand “Become”, personnel of the Company, or other users and third parties; you failed to pay for the Product and/or Packages when due and payable to the Company; you breached any of these Terms and Conditions in this Agreement; and/or you used the Website and/or App for any other purpose than the permitted purpose.
9.2 In the event where the Company is considered bankrupt or insolvent, the Dentist will not be held responsible for the post-treatment procedures such as refinements; any additional procedures or medical examination cost will be borne by the User.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms shall be governed by, construed under and enforced in accordance with the laws of Malaysia. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations. If the parties do not resolve some or all of the dispute through negotiation, then the parties agree to refer the issue(s) in dispute to mediation, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Malaysia in accordance with the Arbitration Rules of the Asian International Arbitration Centre for the time being in force (“AIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the AIAC Rules. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Kuala Lumpur. The decision of the arbitrator shall be final and binding.
11.1 Should you have any queries, complaints or require any assistance pertaining to the Products and Packages, the Company’s support team can be reached during business hours via the following email address:
Business Hours: Monday – Friday: 9am – 7pm.
12.1 You acknowledge and understand that the Company has the right to sell, assign or transfer its business and/or assign and/novate these Terms and Conditions and/or this Agreement to a third-party without your prior approval.
GENERAL NOTES ON THESE TERMS AND CONDITIONS