Legal

Legal Disclaimer

This disclaimer explains the legal position of Lyndung's Community Sharing Programme, including the limits of the Programme, the absence of insurance guarantees, and each member's continuing responsibility for unpaid medical charges.

Disclaimer

  1. The Programme is administered on behalf of members as principal (muwakkil) by Lyndung as a platform for members to share their healthcare and medical burden in accordance with the Programme Guideline. Neither Lyndung nor the members guarantee or promise that Eligible Medical Expenses will be shared by members of the Programme.
  2. Any financial assistance a member receives under the Programme does not come from Lyndung's own funds. It is drawn from other members' Monthly Sharing Contributions placed in a Trustee's account. Whether other members choose to assist with medical expenses is entirely voluntary and is not guaranteed in any way. No member and Lyndung can be compelled by law to make that sharing contribution. However, a member's failure to share will result in disqualification from the Programme.
  3. Regardless of whether medical expenses are shared by other members, whether payment is received for medical expenses, or whether this Programme continues to operate, each member remains personally responsible for any unpaid medical charges.
  4. The Programme is not provided by an insurance provider and is not an insurance contract. It is not a substitute for any insurance policy authorised by law. There is no risk transfer from a member to Lyndung or from one member to another. No indemnity or guarantee contract exists between Lyndung and members, or among members themselves. Under Malaysian law, neither Lyndung nor the members are considered insurers. The Programme is not subject to Malaysia's insurance regulatory standards or consumer rights applicable to insurance.
  5. Members are encouraged to consult a health insurance professional for advice on the differences between regulated health insurance and community sharing programmes such as the Lyndung Community Sharing Programme.
  6. Lyndung is currently not regulated by Bank Negara Malaysia and is not bound to laws or regulations in Malaysia governing insurance or takaful business because Lyndung's current solution does not constitute the carrying on of insurance or takaful business as defined under the Financial Services Act 2013 (FSA) and the Islamic Financial Services Act 2013 (IFSA). There is no contractual obligation for Lyndung to honour claims or guarantee members' contributions because this Programme applies a community sharing concept. Unlike insurance or takaful products, claims are not borne by the Administrator but are shared among community members.