1. SCOPE
1.1 This Policy governs use of the website and portals at www.psymetric.com.my (“the Site”), operated by PsyMetric Sdn. Bhd. [Registration No. 202101030158 (1430458-M)] (“the Company”). The Site forms part of the Platform as defined in the Terms and Conditions.
1.2 It is to be read with our Terms and Conditions, our Cookies Policy, our Personal Data Protection Notice and, where applicable, any signed services agreement with a Corporate User. Where this Policy conflicts with the Terms and Conditions in relation to the Service, the Terms and Conditions prevail. Where a signed service agreement with a Corporate User conflicts with this policy, the service agreement prevails to the extent of the conflict.
1.3 By accessing or using the Site, you agree to comply with this Policy. If you do not agree with this Policy, you should not access or use the Site.
1.4 Words defined in the Terms and Conditions have the same meaning in this Policy.
2.1 The individual portal within the Site is for an Indonesian Migrant Worker (or Pekerja Migran Indonesia, “PMI”) registering in his own name. The corporate portal within the Site is for an approved Malaysian employer. The BackOffice portal within the Site is for authorised personnel of the Company and approved Practitioners only, and access to it is restricted and logged. For the purpose of this Policy, “Practitioner” shall means a medical practitioner practising as a psychiatrist who is registered with the Malaysian Medical Council and holds a current Annual Practising Certificate.
2.2 Public pages are open to all visitors. Portal areas require a valid login.
2.3 Log out when you have finished, particularly on a shared device.
3.1 You must not:
(a) attempt to gain unauthorised access to any account, server or database;
(b) use a robot, spider, scraper or other automated means against the Site;
(c) disable or circumvent any security, authentication or rate-limiting measure;
(d) introduce a virus, worm, ransomware or other harmful code;
(e) conduct a denial-of-service attack or otherwise impair availability;
(f) carry out penetration testing or vulnerability scanning without our written consent;
(g) copy, frame, mirror or commercially exploit any part of the Site, except as expressly permitted under Clause 4.3;
(h) harvest contact details from the Site;
(i) impersonate the Company, a Practitioner, an employer or a public authority;
(j) use the Site for any purpose that is unlawful or prohibited under applicable law.
3.2 We may report suspected unlawful or criminal conduct to the relevant law enforcement authorities and may cooperate with such authorities as required or permitted by applicable law.
3.3 The acceptable-use requirements applicable specifically to the Service and Assessments are also set out in Clause 9 of the Terms and Conditions.
4.1 All content on the Site, including text, layout, graphics, logos, software, assessment questions, scoring methods and Certificate templates, is owned by the Company or its licensors and is protected by the Copyright Act 1987 and the Trademarks Act 2019.
4.2 “PsyMetric” and the PsyMetric logo are trade marks solely owned by the Company. Nothing on the Site grants any licence to use them.
4.3 You may view, download and print pages for your own reference, provided you do not alter them, remove any notice, or use them commercially without our written consent.
5.1 The site uses cookies to keep you logged in, to preserve your progress through an assessment, to remember your portal language and to measure usage in aggregate. Our Cookies Policy sets out the detail and how to control them.
5.2 Cookies that are strictly necessary for operation and security of the Site cannot be disabled without affecting functions such as login and assessment delivery. To the extent permitted by applicable law, these cookies are used on the basis of our legitimate interest in operating and securing the Site, as further described in our Cookies Policy and consent is not required for such strictly necessary cookies.
6.1 The Site links to third party sites, including our payment provider and government agencies. We do not control them and are not responsible for their content, security or privacy practices or for any loss or damage arising from your use of such third party sites, except to the extent otherwise required by applicable law.
6.2 You may link to our home page provided you do so fairly and lawfully and do not suggest an association that does not exist. You must not frame the Site.
7.1 We take reasonable care that information on the Site is accurate, but it is provided for general information and may be changed or withdrawn without notice.
7.2 General information on the Site is not medical advice, does not constitute a diagnosis, treatment plan or prescription, and is no substitute for consulting a qualified practitioner. The Assessment is a screening instrument as described in Clause 2.4 of the Terms and Conditions.
7.3 We do not warrant that the Site or any part of it will be uninterrupted or free from error, viruses, malware or other harmful components. Nothing in this Clause 7.3 limits the express provisions relating to availability of the Service under Clause 11 of the Terms and Conditions.
8.1 The portal is offered in several languages. The assessment itself is available in Bahasa Indonesia and English only.
8.2 This Policy is published in English. Any translated page is provided for convenience. In the event of any inconsistency between the English version and any translated version, the English version shall prevails to the extent permitted by law.
8.3 The Site is built to work on modest bandwidth and on mobile devices. If you meet an accessibility barrier, tell us at [[email protected]] and we will try to provide the information another way.
9.1 Report a suspected vulnerability privately to [[email protected]] with enough detail for us to reproduce it. Do not disclose it publicly, access another person’s data, or degrade the service while testing. Subject to the conditions in this Clause 9.1, we will not seek to enforce our rights against a security researcher solely because the researcher carries out security testing that is limited to what is reasonably necessary to identify and responsibly report a suspected vulnerability. This safe harbour does not authorise, and does not apply to, any activity involving unauthorised access to another person’s account, access to or copying of personal data or other confidential information, alteration or destruction of data, social engineering, denial-of-service or other availability testing, or any testing that materially disrupts or degrades the Site or Service. For the avoidance of doubt, the acceptable-use requirements in Clause 9 of the Terms and Conditions continues to apply to any testing or activity not expressly covered by this safe harbour. If you are unsure whether your proposed testing falls within this safe harbour, contact us in advance at [[email protected]] to obtain written clearance.
10.1 If you send us suggestions, feedback, or ideas about the Site, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and incorporate them into the Site without restriction or payment. Do not send confidential or sensitive personal data through general feedback channels. Any personal data and sensitive personal data contained in feedback will be processed in accordance with our Personal Data Protection Notice, and nothing in this Clause 10 limits any rights or obligations relating to personal data and sensitive personal data under applicable law.
11.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any loss, damage, cost or expense arising out of or in connection with your access to or use of the public-facing pages and general information available on the Site, or your reliance on such content. Liability arising from the Service is governed exclusively by Clause 14 of the Terms and Conditions, subject always to any liability that cannot lawfully be excluded or limited.
11.2 For the avoidance of doubt, the assessment delivery, account creation and management, login functions, Certificate issuance and validation, and any interaction with a Practitioner through the Site constitute part of the Service and are governed by the Terms and Conditions, including the liability provisions in Clause 14 thereof.
11.3 For the purposes of this Clause 11, “Site” means the public-facing pages and general information available at [www.psymetric.com.my]. The portals, assessment delivery, account functions, Certificate issuance and validation, and interactions with Practitioners constitute part of the “Service” and are governed by the Terms and Conditions.
12.1 We may update this Policy from time to time at our discretion. The current version and its date are published on the Site. Any material amendment affecting the contractual rights or obligations relating to the Service will be made in accordance with Clause 18.6 of the Terms and Conditions.
12.2 This Policy is governed by the laws of Malaysia. The dispute arising under or in connection with this Policy shall be subject to the dispute resolution provisions in Clause 17 of the Terms and Conditions, and the jurisdiction provisions in 18.5 shall apply to matters not referred to arbitration.