TERMS AND CONDITIONS – RESET APP CONNECT SYSTEM ENHANCERS APPOINTMENT

Welcome to the Reset App Connect System Enhancer Appointment Agreement. This Agreement sets forth the Terms and Conditions governing the provision of counseling, coaching, and support services by Enhancers within the Reset community through the Connect System feature of the Reset App. By accessing or using the Connect System as an Enhancer, you agree to be bounded by the Terms and Conditions of this Agreement. Please read this Agreement carefully before accessing or using the Connect System.

The Reset App is provided by The LOA Centre (M) Sdn Bhd ("Reset App"), a platform designed to promote mental health, personal growth, and well-being through various features including the Connect System (“Connect System”). Enhancers, as appointed by LOAC, offer their expertise and guidance to Reset App users ("Users") seeking support in achieving their goals, improving their mental health, and fostering personal development.

This Agreement outlines the rights, responsibilities, and obligations of Enhancers and Connect System in relation to the provision of Connect system appointments. It covers appointment scheduling, compensation, confidentiality, termination, and other important aspects of the Enhancer-Connect System relationship.

Please note that by agreeing to this Agreement, you are also agreeing to comply with any additional terms and guidelines provided by the Connect System and Reset App, including but not limited to the Reset App and Connect System Privacy Policy and Community Guidelines.

If you have any questions or concerns regarding this Agreement or the services provided through the Reset App, please contact us at kavitha@theloacentre.com.

1.0 APPOINTMENT DESCRIPTION

1.1 The Enhancers agrees to provide counseling, coaching, and support services to Reset App Users as an Enhancer in the Connect System feature of the Reset App. These services may include but are not limited to mental health support, goal setting, accountability, and guidance as mutually agreed upon between the Enhancer and the Users.

2.0 ENHANCERS ACCOUNT

2.1 Creating an Account

Enhancers are required to register themselves via the Connect System. Upon registering, account processing and approval will be commenced by LOAC. Below are several data listed to create an Enhancer account in the Connect System:

a. Display Name;
b. Profile Photo;
c. Full name as per NRIC;
d. A valid email address;
e. A unique password;
f. Current Profession;
g. Years of Working Experience;
h. Areas of Specializations;
i. Certificate No. (this applies to registered counsellors/other professionals);
j. Certification Proof File Upload;
k. Token Cost/Hour (Note: 1 token = 1 hour = RM150); and
l. Mode of Appointment
i. Virtual/Online
ii. In-Person
iii. Hybrid

Note: Passwords, Usernames and Email Address should not be shared with anyone other than the LOAC Team. The safety of passwords is solely under the responsibility of the Enhancers and LOAC shall not be liable for any mishandling of the password on the Enhancers’ side. Enhancers are obliged to provide information that is complete, accurate and truthful for proper procession of appointments.

2.2 Account Deletion

If an Enhancer wishes to delete his/her account, please send LOAC an email requesting the above and we will promptly fulfill your request. LOAC Reserves the right to cancel/restrict, suspend or terminate the Enhancer’s account and/or the use of the Reset App and Connect System, if we are to believe that:

3.0 DURATION OF APPOINTMENT

3.1 The appointment duration shall be determined by the Enhancers and the Users, with a minimum duration of 1 hour per appointment ("Minimum Duration"). Appointments may be scheduled on a one-time basis or on a recurring basis as agreed upon by both parties.

4.0 COMPENSATION & PAYMENT

4.1 LOAC shall compensate the Enhancers for their services after deducting 35% Service Fee from the actual rate of RM150 per session, payable on 15th of every next month of the collection.

5.0 RESPONSIBILITIES OF ENHANCERS

5.1 Enhancers agrees to maintain the confidentiality of all information shared by Users during appointments.

5.2 Enhancers shall conduct appointments in a professional manner and adhere to all ethical guidelines and standards of practice applicable to their profession.

5.3 Enhancers shall provide support and guidance to Users in accordance with their expertise and training, refraining from providing advice or guidance outside of their scope of practice.

5.4 Enhancers shall promptly notify the Connect System of any changes to their availability or any circumstances that may affect their ability to fulfill their appointments.

6.0 RESPONSIBILITY OF LOAC

6.1 LOAC shall provide the necessary platform and technology for Enhancers to conduct appointments with Users.

6.2 LOAC shall handle all scheduling, payment processing, and administrative tasks related to the appointments.

6.3 LOAC shall provide support and assistance to both Enhancers and Users as needed.

7.0 RESTRICTION AND PROHIBITION

7.1 Prohibited Activities of the Systems

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on both the Reset App and Connect System. LOAC reserves the right to investigate and take appropriate legal actions against anyone who, in LOAC sole discretion, engages in any of the prohibited activities.

The prohibited activities include, but are not limited to the following:

7.2 LOAC reserves the rights but is not obligated to do any or all of the following:

7.2.1 Investigate an allegation that any content posted on the systems that does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the content;

7.2.2 Remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions;

7.2.3 Suspend or terminate access to the Enhancer’s Account upon any breach of these Terms and Conditions;

7.2.4 Monitor, edit, or disclose any content on the systems; and

7.2.5 Edit or delete any content posted on the systems, regardless of whether such content violates these standards.

8.0 INTELLECTUAL PROPERTY

8.1 All trademarks, logos, images, and service marks, including these Terms and Conditionsas displayed on the systems or in our marketing material, whether registered or unregistered, are the intellectual property of LOAC and/or third parties who haveauthorized us with the use (collectively the “Trademarks”). Enhancers may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of LOAC’s systems such as Reset App and the Connect System on any other websites which are not approved and strictlyprohibited by us. LOAC will fully enforce aggressively its intellectual property rights of the law, including civil actions. LOAC neither warrants nor represents that Enhancer’s use ofmaterials displayed on the systems will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the systems is at Enhancer’s own risk.

9.0 TERMS OF MEMBERSHIP

9.1 Enhancer‘s membership will begin upon completion of registration with LOAC. Enhancers may choose to terminate their account and hence, please contact LOAC via email and submit account termination request.

9.2 LOAC shall compensate the Enhancers for their services after deducting 35% Service Fee from the actual rate of RM150 per session, payable on 15th of every next month of the collection.

9.3 Reviews and ratings are based on Enhancer’s service and User experience. Note: LOAC will not be held accountable if any unfavorable review is made towards the Enhancer. Hence, it is the sole responsibility of the Enhancer to maintain a favorable quality of service provided on the Connect system.

10.0 TERMS OF TERMINATION

10.1 If Enhancer is found to be violating any Acts or laws of Malaysia, the Enhancer’s account will be terminated without prior notice.

10.2 If the Enhancer receives more than 5 poor reviews and low rating, LOAC reserves the right to terminate the Enhancer’s account.

11.0 REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITIES

11.1 Representations and Warranties

Enhancer acknowledge and agree that the content on the systems are provided on an “as is” and “as available” basis, and that the use of or reliance upon the systems and any content, goods, products or services accessed or obtained thereby is at Enhancer’s sole risk and discretion. While LOAC makes reasonable efforts to ensure the services of the systems are available at all times, we do not warrant or represent that the systems shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Connect system due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

11.2 Force Majeure

Both Parties are released from responsibility to all obligations and delay of work as consequence of Force Majeure. Force Majeure is defined as any extraordinary circumstances which is an unforeseeable, inevitable event and/or beyond reasonable control of the Parties including but not limited to epidemic, natural disaster, war, rebellion, aggression, sabotage, riot of mass, and existence of governmental regulations in monetary affairs which directly influence performance of this Agreement.

11.2.1 Both Parties are released from responsibility to all obligations and delay of work as consequence of Force Majeure. Force Majeure is defined as any extraordinary circumstances which is an unforeseeable, inevitable event and/or beyond reasonable control of the Parties including but not limited to epidemic, natural disaster, war, rebellion, aggression, sabotage, riot of mass, and existence of governmental regulations in monetary affairs which directly influence performance of this Agreement.

11.2.2 If the Party, who is suffering, does not or neglects to notify the other Party hence all losses, risks and consequences which may arise shall be the burden and responsibility of the Party who suffered from such Force Majeure.

11.2.3 If the event of Force Majeure continues for a period exceeding 60 (sixty days) calendar days and both Parties had negotiated in good faith and did not settle on a suitable resolution, then either Party shall be entitled to terminate this Agreement by written notice to the other Party hereto.

11.3 Limitation of Liability

To the extent permitted by law, LOAC (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which Enhancer or any third party may incur in connection with our system, our services, and any website linked to our system and any content or material posted on it. Enhancer’s exclusive remedy with respect to the use of the system is to discontinue the use of the system.

The LOAC entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from Enhancer’s use of the systems or for any other claim related in any way to the use of the system. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the LOAC entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, LOAC, the LOAC entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

12.0 PERSONAL DATA (PERSONAL INFORMATION) PROTECTION

Enhancer agree and consent to LOAC and any of its affiliate companies collecting, using, processing and disclosing of Personal Data in accordance with these Terms and Conditions and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our system, and shall form a part of these Terms and Conditions.

12.1 Usage of Camera

The usage of camera is for updating the contents in all the System. The list of things that would require the usage of the camera includes these and may not be limited to:

12.2 Account Purpose

The account is for identifying the Enhancer and ensuring the Enhancer’s account safety in the Connect system upon usage of the services rendered.

13.0 INDEMNITY

Enhancer agrees to indemnify, defend, hold harmless of LOAC, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/ or costs (including but not limited to, legal fees) arising from Enhancers use of the system or breach of these Terms and Conditions.

14.0 THIRD PARTY LINKS AND WEBSITES

The Connect System may contain links to other third-party websites and by clicking on these links, Enhancer agree to do so at their own risk. LOAC does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. LOAC accepts no liability or responsibility for any loss or damage which may be suffered by Enhancer in relation to the access and use of these third-party links and websites.

15.0 TERMINATION

LOAC has the right to terminate, suspend or delete Enhancer’s account and access to the Connect system, if LOAC, in its sole discretion, considers Enhancer’s use to be unacceptable, or in the event of any breach by you of the Terms and Conditions. LOAC, subject to the severity of the circumstances, may provide Enhancer a warning prior to the termination of the use of the system. Upon termination, all contracts will be null and void.

16.0 AMENDMENTS

LOAC may amend these Terms and Conditions at any time in its sole discretion. The amended Terms and Conditions shall be effective immediately upon it being published on the Connect system and it will be deemed that Enhancers have agreed to the new Terms and Conditions with the continued usage of the system. It is Enhancer’s responsibility to check the Terms and Conditions regularly. However, LOAC shall notify such changes through email or through the Connect System. If Enhancer do not agree with the amended Terms and Conditions, whether in whole or in part, Enhancers are advised to stop using the system immediately.

17.0 SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.