1. INTERPRETATION
1.1 In these Terms the following words have the following meanings:
(a) “Assessment” means a mental health assessment delivered through the Platform, together with the review of the result by the Practitioners.
(b) “Certificate” means the certificate issued by the Platform recording the outcome of an Assessment, referred to in the Pendataan Rules as the Sertifikat Tes Psikologi.
(c) “Company” means PsyMetric Sdn. Bhd. [Registration No. 202101030158 (1430458-M)], and “we”, “us” and “our” are construed accordingly.
(d) “Corporate User” means a legal entity registered on the corporate portal.
(e) “Employee” means an individual whose Assessment is registered and paid for by a Corporate User.
(f) “Individual User” means a natural person registered on the individual portal in his own name.
(g) “Pendataan Rules” means Keputusan Direktur Jenderal Penempatan KP2MI/BP2MI No. 423 Tahun 2026, made under Peraturan Menteri No. 27 Tahun 2025 and Undang-Undang No. 18 Tahun 2017.
(h) “Platform” means the website at www.psymetric.com.my, its portals and the PsyMetric mobile applications.
(i) “PMI” means a Pekerja Migran Indonesia, an Indonesian migrant worker.
(j) “Practitioner” means a medical practitioner practising as a psychiatrist who is registered with the Malaysian Medical Council and holds a current Annual Practising Certificate, and has been approved by the Company to conduct reviews on the Platform. The Company maintains a register of approved Practitioners and verifies their credentials before engagement and on an annual basis thereafter. The Company may remove a Practitioner from the Platform if their registration lapses, if they fail to maintain professional indemnity insurance, or if their professional conduct is found to be unsatisfactory.
(k) “User” means an Individual User or a Corporate User.
(l) “Head Doctor” means the Practitioner designated by the Company to give final approval to an Assessment.
1.2 Clause headings are for convenience only. The singular includes the plural. A reference to a statute includes any amendment or re-enactment of it.
1.3 These Terms are published in English. Any translation is provided for convenience. In the event of inconsistency between the English version and any translated version, the English version shall prevail to the extent permitted by law.
2.1 The Company operates the Platform, through which a User may purchase an Assessment and obtain a Certificate.
2.2 Every Assessment is reviewed by two Practitioners. The first reviews the result and approves it. The Head Doctor then gives final approval and signs. No result is released and no Certificate is issued until both approvals are recorded. The Company conducts random quality assurance audits of Practitioner reviews to ensure consistency and compliance with professional standards while maintaining the confidentiality and security of Assessment information. If the reviewing Practitioners disagree on an outcome, the Head Doctor shall make the final determination. The Company will use reasonable endeavours to ensure that each Practitioner complete their review within one (1) working day of the Assessment being submitted. If a Practitioner does not complete the review within that period, the Company may assign the review to another Practitioner.
2.3 The status of an Assessment is shown on your dashboard as Pending, Pending Final Approval or Completed.
2.4 An Assessment is a screening instrument. It is not a full psychiatric examination, a diagnosis, a treatment plan or a prescription, and it does not create a continuing doctor-patient relationship.
2.5 The Platform is not monitored in real time and is not a crisis service. If you are in danger or are thinking of harming yourself or another person, stop and contact your local emergency services or the nearest hospital.
2.6 The Assessment is available in Bahasa Indonesia and English only. You choose the language when you add the Assessment. Changing the portal language does not change the language of the questions.
3.1 The Service is offered only to a PMI in Malaysia who falls within the scope of the Pendataan Rules, namely a PMI working for an employer that is a legal entity and who is not yet registered with KP2MI/BP2MI, or a PMI extending a work agreement.
3.2 The Platform is not a pre-departure screening instrument and must not be described as one. A person outside clause 3.1 may not register.
3.3 You must be at least 18 years of age and able to enter into a binding contract.
3.4 The Company provides the Service under a letter of recommendation issued by the Kementerian Pelindungan Pekerja Migran Indonesia [No. ___ dated ___].
3.5 The pendataan exercise runs for three months from the date of the public information campaign, within the working areas of the Indonesian Embassy in Kuala Lumpur and the Consulates in Johor Bahru, Kota Kinabalu, Penang, Kuching and Tawau. The Company may withdraw the Service at the end of that period or as directed by KP2MI. If the Service is withdrawn, the Company shall, as practicable as possible and to the extent permitted by applicable law:
(a) give at least seven (7) days’ notice to all Users with active Assessment;
(b) complete all Assessments already paid for and in progress, provided they are submitted before the withdrawal date;
(c) honour all Certificates already issued; and
(d) refund fees for Assessments paid but not yet started, if the User so requests.
4.1 You must give accurate registration details and keep them current. You must notify us of any change to your registration details within seven (7) days of the change. The Certificate is issued in the name held on the account, and the Company shall not be responsible for any rejection arising solely from inaccurate or outdated registration information supplied by you, including where the name on the Certificate does not match your identity documents.
4.2 You are responsible for your password and for everything done through your account. You must not let another person use it.
4.3 Where your credentials were issued through your employer, you must change the password when you first log in.
4.4 You must answer the Assessment personally, truthfully, and without help, coaching or supervision. An Assessment answered by anyone other than you is void.
4.5 You may see the devices signed in to your account under Active Sessions and sign out of all of them.
4.6 Tell us at [[email protected]] if you think someone else has used your account.
5.1 A Corporate User registers and pays for its Employees because an employer is required to register the migrant workers it employs and to bear the cost of the Assessment. Under the Pendataan Rules the recording may be done by the PMI or by the employer.
5.2 Company information must be complete before bulk upload is enabled. The Corporate User uploads its Employees, purchases Assessments for the batch, and the Assessments are assigned automatically to each Employee account.
5.3 Login details for each Employee are sent to the Corporate User through the mechanism designated by the Company, containing a username and a temporary password. The Corporate User shall deliver them to the Employee concerned and to no one else, shall not retain or use them, and shall destroy or securely delete the credentials after they have been delivered to the Employee.
5.4 The Corporate User warrants, for every Assessment it pays for, that it has obtained all notices, consents, authorisations and other permissions required under applicable law for the Employee’s Assessment and for the collection, use and disclosure of the Employee’s personal data as contemplated by the Service, including any express consent required by the applicable law in relation to sensitive data, that the credentials were delivered as required by clause 5.3, and that the Assessment was answered personally by the Employee.
5.5 The Corporate User is responsible for the integrity of every Assessment it pays for. It shall tell us promptly if it learns that an Assessment was not answered by the Employee named.
5.6 The Company records session and device information for each Assessment. Where we reasonably believe an Assessment was not answered by the Employee named, we may declare it void, cancel the Certificate, require a fresh Assessment at the Corporate User’s cost, suspend the corporate account and where required or permitted by applicable law or the Pendataan Rules, notify the relevant verifying authority. No refund is payable where the invalidity resulted from Corporate User’s or Employee’s conduct or breach of these Terms.
5.7 An account belongs to the Employee, not to the Corporate User. Marking an Employee as resigned does not delete the account. The account record, the employment history and every Certificate already issued are retained.
5.8 Marking an Employee as resigned suspends access to the portal. Access is restored when the Employee is hired and registered by another Corporate User, and the account is then linked to that employer.
5.9 While access is suspended the Employee may still obtain a copy of his personal data and of any Certificate already issued, by writing to [[email protected]] or to the Data Protection Officer. No charge is made for reissuing a Certificate already paid for. A prescribed fee may apply to a data access request, as set out in Clause 11.1 of the Personal Data Protection Notice. Suspension of portal access does not affect any right described in the Personal Data Protection Notice.
5.10 The Platform keeps a record of the employers an Employee has been linked to and the periods of each link. That record is associated with the Employee’s account and remains linked to the Employee throughout the relevant employment history.
5.11 A Corporate User sees the employment record it creates and the outcome of Assessments it pays for. It does not see an Employee’s earlier employers, nor the outcome of any Assessment paid for by another employer. An Employee may show a Certificate to a prospective employer if he chooses; the Company will not do so on his behalf.
5.12 A Corporate User shall not mark an Employee as resigned in order to prevent him obtaining a Certificate already paid for, or to obstruct a request to see his own data.
5.13 A Corporate User may reset an Employee’s password, in which case the new password is sent to the Corporate User. It may do so only at the Employee’s request and shall pass the new password to the Employee without delay. It shall not use a reset to obtain access to an Employee’s account.
6.1 Fees are shown before you confirm payment and are payable in advance. Fees are quoted in Ringgit Malaysia.
6.2 Payment is processed by our payment service provider. We accept FPX, debit and credit cards and e-wallets. We do not hold your card or bank details.
6.3 Where your card or account is in another currency, your bank performs the conversion at its own rate and may charge a fee. That is a matter between you and your bank.
6.4 Sales and Service Tax is charged where it applies and is shown in the payment summary and on the invoice.
6.5 Invoices are issued electronically and sent to your registered email address.
6.6 A payment is treated as received by the Company only when the payment has been successfully confirmed by the applicable payment service provider. A transaction that is pending, declined, reversed or otherwise not confirmed as successful does not constitute payment for the purposes of these Terms.
7.1 Fees are not refundable, except under clause 7.2 or where otherwise required by applicable law or where the failure to provide the Service is attributable to the Company.
7.2 A refund is made only where an Assessment for the same User has been paid for more than once in error (for example, where the same User inadvertently purchases the same Assessment twice).
7.3 Send a claim to [[email protected]] with both invoice numbers. An approved refund is returned to the original payment method.
7.4 No refund is due because you disagree with the outcome of an Assessment, or because you did not complete an Assessment you had started. This does not apply where the inability to complete the Assessment is caused by a failure of the Platform or Service for which the Company is responsible.
8.1 A Certificate records the outcome of the Assessment on the date it was taken. It says nothing about your health at any later date. The Certificate does not have a fixed expiry date unless otherwise stated on the Certificate or required by the relevant authority. However, a receiving authority may require a fresh Assessment if the Certificate is presented after a significant lapse of time. A lost or destroyed Certificate may be reissued upon written request to [[email protected]]. The Company may charge a reasonable administrative fee for reissuance.
8.2 A Certificate may be required as part of the process for issuance of an e-Kartu Pekerja Migran Indonesia under the Pendataan Rules. The Company records and issues the outcome. It does not decide, and cannot influence, whether an application under the Pendataan Rules succeeds. That is a matter for the verifying officer.
8.3 We give no assurance that a Certificate will be accepted by any employer, agency, ministry or authority.
8.4 Altering or forging a Certificate will end your account immediately and may be reported to the authorities.
9.1 You must not:
(a) sit an Assessment for another person, or allow another person to sit yours;
(b) copy, record, photograph, translate or publish any question, sub-test or scoring method;
(c) reverse engineer, scrape or use automated means against the Platform;
(d) introduce malicious code or attempt to gain unauthorised access;
(e) use the Platform or a Certificate for any purpose that is unlawful or prohibited under applicable law.
9.2 The questions and scoring methods are confidential assessment materials. Disclosing them destroys the validity of the instrument and is a material breach of these Terms.
10.1 All intellectual property in the Platform belongs to the Company or its licensors.
10.2 You may use the Platform only to receive the Service. You may keep your own Certificate and invoices. No other licence is granted.
11.1 We do not warrant that the Platform will be available without interruption or free from error. We may suspend it for maintenance or to protect its security, and will give notice where we reasonably can.
11.2 We are not responsible for an Assessment affected by your device or your internet connection. If you lose your connection part-way through an Assessment your answers may be lost. Where the failure is caused by your device, internet connection or other circumstances outside the Company’s reasonable control, no refund will be due solely for that reason.
12.1 Your Assessment responses, results and any information derived from the Assessment that relates to your physical or mental condition constitute sensitive data to the extent they fall within the definition of sensitive personal data under applicable data protection law. They are handled as described in our Personal Data Protection Notice.
12.2 Where a Corporate User has paid for an Assessment, we disclose to it your identity, the approval status and whether you passed. We do not disclose your answers or any clinical note except where disclosure is required or permitted by applicable law or the Pendataan Rules.
12.3 Where disclosure to KP2MI/BP2MI, the Labour Attaché or another authority is required by law or by the Pendataan Rules, we disclose only what is required.
12.4 Your rights of access and correction are set out in the Personal Data Protection Notice and are not affected by anything a Corporate User does to your account.
12.5 Your personal data may be transferred outside Malaysia to recipients in Indonesia or in your country of employment, as described in Clause 7 of the Personal Data Protection Notice. Such transfers will be carried out in accordance with the applicable requirements of section 129 of the Personal Data Protection Act 2010, as amended from time to time, and applicable guidelines and requirements issued by the Personal Data Protection Commissioner.
13.1 We may suspend or close your account, or withdraw a Certificate, if you breach these Terms, if we suspect fraud, or if we are required to do so by law.
13.2 You may close your account by writing to [[email protected]]. Closing it does not entitle you to a refund of fees paid or of Assessments purchased and not taken.
13.3 Clauses 5.4 to 5.6, 5.9 to 5.11, 9, 10, 12, 14, 15, 17 and 18 to the extent necessary to interpret or enforce the surviving provisions survive termination.
14.1 The Platform and the Services are provided on “as available” basis, subject to the express terms and protections set out in these Terms. To the maximum extent permitted by applicable law, we exclude warranties that are not expressly given in these Terms.
14.2 To the maximum extent permitted by applicable law, we are not liable for indirect or consequential loss, or for loss of profit, business, employment or opportunity, except to the extent such liability cannot lawfully be excluded.
14.3 Subject to clauses 14.4 and 14.5, our total aggregate liability arising out of or in connection with the Service, whether in contract, tort or otherwise, shall not exceed the fees paid for the Assessment giving rise to the claim, or RM500.00, whichever is greater.
14.4 The limitations and exclusions in this Clause 14 do not apply to liability arising from fraud or fraudulent misrepresentation, or to any liability which cannot lawfully be excluded or limited.
14.5 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence to the extent such exclusion or limitation is prohibited by applicable law, or limits any statutory rights or remedies which cannot lawfully be excluded or restricted.
14.6 We are not liable for any failure caused by an event beyond our reasonable control.
15.1 To the maximum extent permitted by applicable law, you shall indemnify the Company, its officers and the Practitioners against all claims, losses, liabilities, damages and reasonable legal costs to the extent directly arising from your fraud, wilful misconduct or material breach of these Terms.
15.2 A Corporate User shall further indemnify the Company and the Practitioners against all claims, losses, liabilities, damages and reasonable legal costs to the extent directly arising from the Corporate User’s breach of clause 5.4 or 5.5, including reasonable costs incurred in re-assessing affected Employees and defending a claim or proceeding brought against the Company or a Practitioner as a direct result of that breach.
16.1 Write to [[email protected]]. We will acknowledge a complaint within three working days and will provide a substantive response within fourteen working days. If we require more time to investigate a complex complaint, we will inform you of the delay and provide an estimated timeframe for resolution.
16.2 A complaint about the professional conduct of a Practitioner may also be made to the Malaysian Medical Council. Nothing in these Terms prevents you from making a complaint or exercising any right or remedy available under applicable law before a competent regulatory authority, statutory body or tribunal.
17.1 Subject to Clause 17.5 and any rights or remedies that cannot lawfully be excluded, any dispute between you and the Company arising out of or in connection with these Terms or your use of the Service shall be referred to and finally resolved by arbitration.
17.2 The arbitration shall be administered by the Asian International Arbitration Centre in accordance with the AIAC Arbitration Rules in force at the commencement of the arbitration. The seat of arbitration shall be in Kuala Lumpur, Malaysia. The tribunal shall consist of a single arbitrator. The language of the arbitration shall be in English. The arbitral award shall be final and binding on parties and may be enforced in any court of competent jurisdiction.
17.3 Nothing in this Clause 17 prevents a party from seeking urgent interim or conservatory relief from a court of competent jurisdiction where such relief is necessary to preserve rights or prevent imminent harm pending the constitution of the arbitral tribunal.
17.4 Nothing in these Terms limits any applicable statutory limitation period or any period within which a claim must lawfully be brought.
17.5 Nothing in this clause 17 prevents an Individual User from bringing a claim before the Tribunal for Consumer Claims or another statutory tribunal or authority where that tribunal or authority has jurisdiction and where the right to do so cannot lawfully be excluded. Nothing in this Clause 17 prevents either party from seeking relief from a court of competent jurisdiction in respect of matter which are not capable of settlement by arbitration under applicable law.
18.1 These Terms, the Website Policy, the Cookies Policy and the Personal Data Protection Notice should be read together. In the event of any inconsistency concerning the provision of the Service, these Terms shall prevail over the Website Policy. A signed services agreement with a Corporate User shall prevails over these Terms and the Website Policy to the extent of any conflict relating to the services provided to that Corporate User. Nothing in these Terms or the Website Policy limits or excludes any right, obligation or requirement that applies under applicable data protection or other mandatory law.
18.2 If any provision is unenforceable it is severed and the rest continues.
18.3 A delay in enforcing a provision is not a waiver of it.
18.4 You may not assign these Terms. We may assign them to a successor in our business.
18.5 These Terms are governed by the laws of Malaysia. Subject to Clause 17, where a matter is not referred to arbitration, or where the arbitration agreement is unenforceable or inapplicable, the courts of Malaysia shall have jurisdiction.
18.6 We may amend these Terms from time to time to reflect changes to the Service, applicable law, regulatory requirements, security requirements or our business operations. The current version and its effective date are published on the Platform. Where we make a material change that materially adversely affects your rights or obligations, we will notify you by notice on the Platform at least fourteen (14) days before the change take effect, unless a shorter period or immediate implementation is required by the applicable law, a regulatory authority, or an urgent security or operational matter. Any amendment will apply prospectively and will not retrospectively alter the terms applicable to an Assessment already completed or a Certificate already issued. If you do not accept a material change, you may terminate your account by writing to [[email protected]] before the change takes effect. Where applicable, we will refund any unused prepaid fees relating to Services that have not yet been provided, on a pro-rate basis. Your continued use of the Platform after the effective date of an amendment constitutes acceptance of the amended Terms, to the extent permitted by applicable law.
18.7 Notices to you go to your registered email address. Notices to us go to [email protected] and, for formal notice, by registered post to Suite 02-03, UOA Corporate Tower, Avenue 10, Bangsar South City, No. 8 Jalan Kerinchi, 59200 Kuala Lumpur.