1.    TERMS OF USE

a.   These terms of use (“Terms”) apply to and govern your access and use of the services via our online mediums (collectively, the “Mediums” and each a “Medium”) which are operated by 365 Healthcare Pte Ltd (the “Company”) for the purposes of the Company providing services to its customers. The Mediums include the website and other online mediums the Company may introduce from time to time. By accessing a Medium, you acknowledge that you have read and understood the Terms and agree to be bound by them in respect of the access and the use of such Mediums.

b.   The Company periodically reviews the Terms and reserves the right to modify the Terms at any time in its sole discretion, without any notice to you. Such modification shall take effect immediately upon posting of the modified Terms. You agree to review the Terms regularly and be aware of such modifications. Your continued access to or use of a Medium after such modifications shall be deemed to constitute your conclusive acceptance of the modified Terms in respect of the use of such Medium.

c.    Additional terms and conditions may apply to specific portions or features of a Medium, including contests, promotions or other similar features. All of which terms and conditions shall be incorporated into these Terms by reference. In addition, certain content or services provided through a Medium may be accompanied by their own licensing terms and conditions. If there is any conflict between any of the provisions of these Terms and any provision of such terms and conditions, the provision of these Terms shall prevail.

d.   The Company shall be entitled at any time to add, change or withdraw any of the functions available or to be made available on any or all of the Mediums at its own discretion.

e.   By accessing any of the Mediums and our services, you represent and warrant that:

                                      i.     You are of legal age of majority to contract in the jurisdiction in which you reside and in any event, no less than 18 years of age; and

                                    ii.     You are legally capable and permitted to accede to the Terms.

 

2.    PRIVACY

a.   During your access or use of a Medium or any of the services available from the Company, the Company may collect your personal information (including information you enter into any User Profile).

b.   The personal information collected by the Company will be maintained, used, undisclosed, stored and/or transferred.

c.    Any information that you disclose in the public areas of any of the Mediums such as message boards or forums become public information. You should exercise caution when disclosing your personal information in this way.

 

3.    INTELLECTUAL PROPERTY

a.   Content available on the Mediums (including information, communications, software, images, sounds contained on or available through the Mediums) is provided by the Company, its content providers and third party licensors. The intellectual property rights to or over the contents available on the Mediums belong to the Company, its content providers and/or third party licensors. All rights are reserved. You must not reproduce, modify, transfer, distribute, republish, download, post, or transmit in any form or by any means, including electronic, mechanical photocopying or recording, any of the content available on any of the Mediums without the prior written permission of the Company. Without prejudice to the foregoing, you agree that the material and content contained within or available through the Mediums may not be used for commercial purposes or distributed commercially. 

b.   You may view, store, print and display the content available on the Mediums solely for your personal, non-commercial use. 

c.    Your access to or use of the Mediums should not be construed as granting, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on any of the Mediums without the Company’s prior written consent. You may not, without Company’s prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to Company’s website or any of the Mediums or any other website or Medium. 

 

4.    DISCLAIMER OF WARRANTIES

a.   The use of any services and all of the Mediums is at your own risk.

b.   The Company takes certain industry standards precautions available to secure the Mediums or portions of the Mediums. However the Company does not warrant that:

                                      i.     the access or use of the Mediums or services will meet your requirements;

                                    ii.     the Mediums will always be available;

                                   iii.     the access or use if the Mediums will be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code;

                                   iv.     the quality of any products, services, information or other material (including the content and services) purchased or obtained by you through your access to or use of the Mediums will meet your expectations; or

                                    v.     any errors in the Mediums will be corrected

c.    By accessing and using any of the Mediums or services, you understand and agree that:

                                      i.     You assume total responsibility and risk for your access to and use of the Mediums. The Company does not make any express or implied warranties, representations or endorsements whatsoever with regard to any of the Mediums or any content or services provided through any of the Mediums, and shall not be liable for any cost or damage arising directly or indirectly from any such transaction. The content and service available on the Mediums are provided to you on an “as is, as available” basis without warranty or condition of any kind.

                                    ii.     Any content downloaded, uploaded or otherwise obtained through your access to and use of any of the Mediums is done at your own risk and discretion. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Mediums.

 

5.    INDEMNITY

a.   To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its shareholders, directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”), from and against any and all claims, demands, actions, judgements, losses, liabilities, damages, costs, and expenses of whatever nature (including legal costs on a full indemnity basis) which any or all of the Indemnified Parties may incur or suffer as a result of, arising out of or in connection with your access to or use of any of the Mediums or services, your breach of any of these Terms, or your infringement or violation of the rights of any third party. 

b.   The obligations under this clause “Indemnity” shall survive any termination of your relationship with the Company or your access to or use of the Mediums and services. The Company reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defences.

 

6.    LIMITATION OF LIABILITY

a.   To the extent permitted by applicable law, the Company shall not be liable to you in any way whatsoever for any loss, damages or costs, whether in contract or tort (including negligence or breach of statutory duty) or otherwise arising out of or in connection with your access to or use of any of the Mediums or other content or services provided through any of the Mediums.

 b.   If you are dissatisfied with any portion of any of the Mediums or with any provision in these terms, your sole and exclusive remedy is to terminate the terms and discontinue your access to or use of the Mediums.

 

7.    THIRD PARTY WEBSITES AND THIRD PARTY CONTENT

a.   The Mediums may contain hyperlinks or other redirection tools to websites or applications that are owned or operated by third parties. Such websites or applications are not controlled by the Company and do not form part of any of the Mediums. If you choose to use such hyperlinks or redirection tools to access such websites or applications, you agree to review and accept such websites’ or applications’ terms and conditions of use before accessing such websites or applications. You access such third party websites and applications at your own risk. ]

b.   The Company does not assume any responsibility for material created or published by such third party websites or applications, and by providing a link to such third party websites or applications, The Company does not imply that The Company endorses the websites or applications or the products or services referenced in such websites or applications. You acknowledge that The Company has no control over, excludes all liability for and cannot be deemed to have endorsed the content of any material on the Internet which can be accessed by using the Mediums.

c.    You agree that caching, hyperlinking to, and framing of The Company’s website or any of its contents are strictly prohibited. 

d.   The Company reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property or proprietary, privacy or publicity rights. 

  

8.    DISPUTE RESOLUTION

a.   These Terms shall be governed by and construed in accordance with the laws of Singapore.  

b.   Notwithstanding anything to the contrary in these Terms, the Company may at any time without regard to any notice periods required by the provisions in these Terms, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction. 

 

9.    GENERAL

a.   No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy under these Terms preclude any other or further exercise thereof or the exercise of any other right or remedy. 

b.   If any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provision of these Terms but these Terms shall be construed as if such invalid or illegal or unenforceable provision had never been contained in these Terms.  

c.    You shall not assign, transfer or subcontract, or purport to assign, transfer or subcontract, any of your rights, interests or obligations under these Terms without the prior written consent of the Company. The Company shall be entitled to assign, transfer or subcontract any or all of its rights, interests and obligations under these Terms to any third party without your prior written consent. 

d.   A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce or enjoy the benefit of any provision of these Terms.