Last revised on: March 2021
DISCLAIMER – OUR SERVICES DO NOT CONSTITUTE MEDICAL ADVICE
AS PART OF THE APPLICATION AND SERVICES WE PROVIDE MENTAL HEALTH AND WELLNESS COACHING AND INFORMATION, BY WAY OF THE PROVIDED INFORMATION. PROVIDED INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT FOR MEDICAL ADVICE, RECOMMENDATION OR WARRANTY OF ANY KIND. THE APPLICATION AND SERVICES DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, PSYCHIATRIC NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. INFORMATION PROVIDED IS NOT A SUBSTITUTE FOR THE ADVICE OF AN APPROPRIATE MEDICAL PROFESSIONAL OR HEALTHCARE PROVIDER. THE COMPANY ASSUMES NO LIABILITY FOR ANY SERVICES FURNISHED BY COACHES. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC SERVICES. THE COMPANY DOES NOT ENDORSE ANY COACHES OR RECOMMEND ANY SPECIFIC TESTS, COACHES, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE SET OUT IN THE APPLICATION OR SERVICES, NOR DOES IT ASSUME LIABILITY FOR FACILITATING COACH-USER RELATIONSHIPS WITH SUCH COACHES. RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY EMPLOYEES, COACHES OR OTHERWISE APPEARING THROUGH SUBSCRIPTION TO OUR SERVICES IS SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
WHILE ALL ATTEMPTS WILL BE MADE TO KEEP INFORMATION COMPLETE, ACCURATE AND UP TO DATE, INFORMATION MAY BECOME OUTDATED OVER TIME, OR SUPERSEDED BY SUBSEQUENT DISCLOSURE. THE APPLICATION AND SERVICES COULD ALSO INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY ASSUMES NO LIABILITY FOR THE ACCURACY OR COMPLETENESS OF, NOR ANY LIABILITY TO UPDATE, THE INFORMATION CONTAINED IN OUR SERVICES. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION AND THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE APPLICATION.
PLEASE DO NOT USE ANY CONSULTATION FUNCTIONALITY OF THE APPLICATION (INCLUDING BUT NOT LIMITED TO ANY AUDIO, VIDEO OR WRITTEN CONSULTATION FUNCTIONALITY, AS APPLICABLE) FOR A MEDICAL EMERGENCY. IF YOU ARE EXPERIENCING ANY MEDICAL CONDITION OR EMERGENCY, PLEASE CONSULT WITH YOUR DOCTOR OR CALL THE RELEVANT EMERGENCY MEDICAL SERVICES NUMBER IMMEDIATELY.
You will be required to register for a user account to access and use the Services via the Application (“User Account”). To register for a User Account and to enable our provision of Services to you, you may be required to provide us with Personal Information including but not limited to: your age range, email address, payment information and/or such other information as may be required by us from time to time. The information which we require you to provide may differ depending on your intended use of the Services (e.g. whether you are using the Services to obtain information on mental wellness, or to provide advice in relation to mental wellness).
Where you do not provide us with the requested information, this may affect our ability to provide our Services to you.
By accessing or using the Services, you represent and warrant that:
• you have the full right, power, and legal authority to enter into this Agreement;
• all information, data and particulars that you provide is complete, accurate, true and correct;
• you are not prohibited by the laws of your country (you are residing in) from accessing or using the Services, in accordance with this Agreement; and
• you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access and/or use the Application and Services, whichever is higher.
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your registration if you fail to fulfill any one of the eligibility criteria above; (ii) suspend/terminate your User Account; and/or (iii) change the above eligibility criteria at any time.
When you register for a User Account and access or use the Application and Services, depending on the nature of your interactions with us, we may collect information including but not limited to:
• your name, email address, username, password, demographic information (such as age range, gender, occupation);
• personally-identifiable medical and health related information which you provide to us and such information about you prepared by Coaches through your interactions with Coaches via the Application and Services information (including but not limited to information or records relating to your medical or health history, your mental health including past and current diagnoses, severity of depressive state, depressive symptoms, medical claims, health status, laboratory testing results, medication adherence, medication side effects, activity, and data (including data obtained by third party devices and applications) (as applicable));
• billing information which you provide us (e.g. credit card information), information about the Device(s) you are using, your geographical location; and
• any other information that you may provide while accessing or using the Application and Services, which comprises “personal data” within the meaning of the Personal Data Protection Act 2012 (No. 26 of 2012) of Singapore (i.e. data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access), and other applicable laws, (collectively, "Personal Information").
If you will use the Application, subject always to your continuing compliance with the terms of this Agreement (and any other additional terms which may apply to your use of the Application and Services, as communicated to you by the Company from time to time, as applicable), the Company solely grants to you, subject to the terms and conditions of this Agreement, during the term of this Agreement, a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, worldwide license to install, access, run and execute the Application or related services therein provided ("Services") on mobile device(s) or equipment owned or controlled by you ("Device"), via your registered User Account, solely for your internal personal use only (and not for commercial use or resale).
Other than those rights expressly granted herein to you herein, the Company reserves all rights in and to the Application and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights, now or hereafter known, developed or in existence and in all forms of media throughout the world for the Company's use and disposition at its sole discretion without any obligation to you. You are not authorised to use the name "HOLMUSK", “MHAVEN”, “KKT”, “KKT TECHNOLOGY” or any of its (registered or unregistered) trademarks owned or controlled by the Company in any manner whatsoever, without prior written approval and instruction from the Company.
You acknowledge and agree that the Services and all associated Intellectual Property Rights are owned by Company (or its licensor, where applicable) and are protected by of Singapore and of other jurisdictions where applicable. Except as expressly stated in this Agreement, the Company grants you no other right or license, express or implied, to the Services, including without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the Application or Services. No proprietary rights are intended to be transferred or conferred by this Agreement.
In this Agreement, “Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, the right to sue for passing off, utility models, domain names and all similar rights, and any other intellectual property rights and all applications for any of the foregoing, anywhere in the world and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future, and wherever existing.
You may only use the Application in accordance with the terms of this Agreement. You use of the Application and Services shall be subject to the following restrictions, in addition to the other terms of this Agreement, you shall not:
• copy the Application except as installed on the relevant Device(s).
• sell, rent or lease the Application or otherwise transfer or assign the right to use the Application, or pledge, grant a security interest in, lien on or encumber the Application.
• use the Services or Application to store or handle any information not owned by you or provided to you with express authorisation for such access.
• use the Services or Application to process or permit to be stored or handled the information of a third party which you are not otherwise authorised access.
• access the Services or Application with any automated application programme other than the Application program on your Device(s).
• alter or remove any copyright or other intellectual property marks or notifications applied to the Services.
• engage in denial of service attack or similar conduct against the Services.
• engage in scraping, spidering, crawling or using other technology or software to access or collect data without the Company’s prior written consent.
• use special programmes (e.g. spider, leecher), scripts, or its equivalent, to automatically download or mass download any materials hosted on the Services or Application.
• distribute or commercially provide any databases, interfaces, mobile platforms, or software programmes comprising the Services or Application.
• make any use of the Services or Application for the posting, sending or delivering of any of the following: (i) unsolicited email and/or advertisement or promotion of goods and services; (ii) malicious software or code; (iii) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (iv) any content that infringes a third-party right or Intellectual Property Rights; (v) any content that may cause damage to a third party; and/or (vi) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
• use the Services for any illegal, offensive, immoral or unethical purpose.
• use the Services or Application in breach of the terms of this Agreement.
• use the Services or Application for any illegal purpose.
You may not copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Application, merge the Application or any part thereof with any other Application or change any Application in whole or in part, nor allow any other party to do so. You must not alter or remove any copyright or other intellectual property notifications applied to the Application. Upon termination of this Agreement for any reason, you will immediately destroy or return to the Company the Application and may not use the Application for any reason.
The Application may contain or rely on components that are owned by third parties and have been licensed to the Company for distribution within the Application. You may not use third party components in any way whatsoever other than through your authorised use of the Application as a single integrated application.
You warrant that you own all information, data, text, sound, messages, posts, tags, software or any other material (as applicable) you make available in connection with the Services (the “Content”), whether posted publicly posted, privately transmitted or submitted through a third party. Such Content shall not comprise Personal Information.
You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content you post or in connection with the Services. Our right to use your Content survives the deletion or suspension of your User Account.
You are wholly responsible for all Content that you post, upload, email, transmit or otherwise make available via the Services. The Company may, but has no obligation to, monitor the Content posted to the Services. The Company may at any time and for any reason review, refuse or remove any Content that violates these terms or is otherwise offensive or objectionable. You understand that you may be exposed to Content that is offensive, indecent or objectionable by using the Services and the Company is in no way liable for any loss or damage resulting from the use of Content made available on the Services.
The Company does not endorse any Content posted or provided by users, and any Content provided by you is subject to prevailing laws and regulations including those relating to subject matter, inciting hate, indecency or public protection.
Your use and access to the Services in conditional on your compliance with our community guidelines, with respect to Content that you post and/or communicate and when you otherwise use the Services, whereby you agree that your posts and/or communications via the Services shall not involve: (i) pornography or sexually explicit or obscene materials; (ii) hate speech, bigotry, or discrimination; (iii) anything which may be considered endangering the welfare of a minor or an individual at risk, or promoting behaviour that could place such individuals at risk; (iv) spam, spamming or anything that comprises bulk or mass marketing communications; and (v) anything false, misleading, fraudulent or deceptive.
Feedback: You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Company and/or the Services (collectively, the “Feedback”) that are provided by you, whether by email, posting to the Application or otherwise, are non-confidential and will become the sole property of the Company. The Company will own exclusive rights, including all Intellectual Property Rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The user records may be maintained in paper or electronic format, as appropriate and may be stored on-site or off-site, in accordance with the need to access the records. Some records are not subject to any retention period and can be discarded when they do not have administrative value. Other data are not considered "records" within the meaning of this policy and need to be maintained only as long as they have administrative value. Medical records: (a) The Company will retain medical records for the period of time required by applicable law and regulation; (b) The Company will dispose of medical records promptly, in the appropriate manner after they have satisfied their required retention period, unless they are the subject of a Litigation Hold; (c) The Company will strive to preserve records subject to a Litigation Hold, if the records would otherwise be disposed of. Records which must be disposed of will be done so in a manner that safeguards confidential, sensitive or proprietary information contained in the records.
You agree to pay all applicable Fees in accordance with the Fees, charges, and billing terms in effect at the time the Fees are due and payable in relation to your use of the Application and Services.
Pursuant to your use of the Application and Services, you may be charged with fees including but not limited to the following:
• (consultation with Coaches, including but not limited to any audio, video or written consultation, as applicable) consultation fee based on the rates as prescribed by the Company on the Application from time to time;
• any subscription fee(s), where applicable;
• taxes (if applicable); and/or
• any other fees, as communicated to you by the Company from time to time in relation to your specific use of the Application and Services.
All Fees shall be paid in advance and are non-refundable, and you further agree to bear all taxes and other duties payable thereon. Any requests for refunds are assessed on a case-by-case basis, at our sole discretion. The Company may require you to provide additional information and documentation prior to processing any refund and you agree to cooperate with our requests to facilitate any refund.
A Fee adjustment will be reflected accordingly in the final Fee payable where your insurer, healthcare plan, employer or agency has arranged with the Company to pay the Fees (in full or in part) to the Company, or if the Fee payable is pursuant to a separate billing arrangement with the Company. Please check with your insurer, healthcare plan, employer or agency to determine if any Fees will be reimbursed (in full or in part). The Company’s determination of the Fees shall be final, conclusive and binding on you.
You authorise us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
By providing us with your payment information (e.g. credit card number and details), you agree that the Company is authorised to immediately invoice your account for all Fees due and payable to the Company, and that no additional notice or consent is required. The Company may utilise third party payment processing agents to process the payment of any Fees. If the Company cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your User Account, the Services and the Application.
With regard to your payment of Fees, you shall not:
• provide false, inaccurate or misleading information;
• use your payment account for any illegal activities;
• use your payment account in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules, failing which we may suspend or terminate your User Account or commence legal proceedings against you, as determined at our sole discretion.
You represent and warrant that you have all necessary rights in and licenses to any web browser or other applications necessary to use the Application. You acknowledge that: (a) use of the Application may require use of certain third-party tools or applications; (b) the Application may interact with servers operated by the Company; (c) the Company has no obligation to provide you any documentation, including but not limited to, operating manuals, with respect to the Application; and (d) the Company is not responsible for any tax consequences of your download or use of the Application, including but not limited to, sales or excise taxes.
Upon termination, your User Account will be immediately cancelled and you will no longer be able to access your User Account or information provided by the Company through the Services (except to the extent we are obligated under the applicable law to provide you access to your health records). In the event you do not receive any response within twenty-four (24) hours confirming your cancellation, it is recommended that you re-submit your request or contact us via firstname.lastname@example.org for further assistance. The Company, in its sole discretion, has the right to suspend or discontinue your User Account and modify the Services, or terminate this Agreement and refuse any and all current or future use of the Services, for any reason at any time without prior notice, including for any use of the Application or Services which threatens the security or otherwise harms the Company or others. Upon termination of this Agreement, you must immediately destroy or return (as applicable) to the Company the Application and, during any suspension or discontinuance of the Services or termination thereof, may not use the Application for any reason. Termination of this Agreement or suspension of the User Account will result in the deactivation of your User Account or your access thereto, and the forfeiture and relinquishment of all current and future content and information in your User Account or provided through the Services (except to the extent we are obligated under the applicable law to provide you access to your health records). The Company reserves the right to refuse the provision of its Services to anyone for any reason at any time. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you. To the extent permitted by applicable law, the following shall survive any termination of this Agreement: disclaimers, indemnification, limitation of liability, termination and your representations and warranties.
THE INFORMATION ACCESSIBLE BY YOU THROUGH THIS APPLICATION AND SERVICES (INCLUDING THROUGH CONSULTATIONS WITH OUR MENTAL HEALTH AND WELNESS COACHES (“COACHES”) AND ANY INFORMATION LINKED FROM THIS APPLICATION OR SERVICES) ("PROVIDED INFORMATION") IS FOR INFORMATIONAL PURPOSES ONLY. YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR OWN RISK, AND WE ARE NOT RESPONSIBLE FOR ANY PROVIDED INFORMATION OR ANY DECISIONS MADE BY YOU BASED ON ANY PROVIDED INFORMATION. THE PROVIDED INFORMATION RELIES UPON AND OTHERWISE IS SUBJECT TO THE DATA PROVIDED BY THIRD PARTIES AND YOU. THE APPLICATION AND SERVICES (AND PROVIDED INFORMATION) ARE BEING PROVIDED ON AN AS-IS BASIS WITHOUT ANY REPRESENTATION OR WARRANTY. ACCORDINGLY, THE COMPANY DOES NOT ASSERT, AND THE PROVIDED INFORMATION SHALL NOT CONSTITUTE OR CONTAIN, AND THE COMPANY HEREBY DISCLAIMS, ANY REPRESENTATION, WARRANTY, CERTIFICATION (INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE) OR AGREEMENT, WHETHER AS TO THE ACCURACY, RELIABILITY, SUFFICIENCY, TRUTH, SUITABILITY, QUALITY, VALIDITY, TIMELINESS OR COMPLETENESS OF THE APPLICATION, SERVICES AND PROVIDED INFORMATION (INCLUDING ANY AND ALL CALCULATIONS, TABLES, GRAPHS AND SUMMARIES) OR OTHERWISE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES, APPLICATION OR PROVIDED INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY OR FREE FROM DEFECTS, HARMFUL COMPONENTS, VIRUSES OR MALWARE. THE COMPANY DOES NOT WARRANT THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR A COMPANY REPRESENTATIVE SHALL CREATE A WARRANTY. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE PROVIDED INFORMATION ON THE APPLICATION OR AS PART OF THE SERVICES. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION OR SERVICES AND YOU WILL NOT MAKE A CLAIM AGAINST THE COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE PROVIDED INFORMATION ON THIS APPLICATION OR SERVICES. THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF, RELATED TO OR IN CONNECTION WITH ANY OF THE FOLLOWING:
• internet or connectivity interruptions or delays
• your or any third party's data, equipment, network, servers, applications, properties, cabling, systems, facilities or the Device(s)
• scheduled maintenance to the Application or Services
• any act or omission by you or any third party
• use of the Application or Services which is not permitted hereunder
• modifications to the Application by any person other than the Company
• force majeure
The Company is not liable for the potential and inherent risks associated with remote consultation through Device(s), including without limitation: (i) the information transmitted by you or the Coaches (as applicable) may not be sufficient or accurate to allow for appropriate decision making; (ii) reliance on self-measurement, self-assessment and reporting of symptoms may result in an inaccurate evaluation; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment.
Without limiting the generality of the foregoing, you acknowledge and agree that the Services and Provided Information will, from time to time, be subject to interruptions, delays and lag time arising from maintenance, servicing, user activity, user access, connectivity or otherwise and the Company disclaims all liability arising therefrom.
IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF DATA, LOST SAVINGS, OR INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, GENERAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, THE APPLICATION, THE SERVICES OR YOUR USE OR INABILITY TO USE THE APPLICATION (OR ITS PROVIDED INFORMATION) HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. THE INDEMNIFIED PARTIES ARE NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. SOLELY TO THE EXTENT CERTAIN JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT IS UNENFORCEABLE UNDER APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
In no event shall the Indemnified Parties be liable for any personal injury, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Services or Application (or any third party software or applications in conjunction with the Services or Application), howsoever caused, regardless of the theory of liability (contract, tort or otherwise), and even if we have been advised of the possibility of such damages.
"Confidential Information" means any proprietary, confidential or trade secret information of the Company and includes the Application and all components thereof. Confidential Information does not include any information which becomes generally known in the public through no fault or omission of you. Unless required by law, you shall not use any Confidential Information other than for the permitted purposes herein and you shall not disclose any Confidential Information to any third party. In the event you are compelled under law to disclose any Confidential Information, you shall provide prompt notice thereof to the Company prior to your disclosure and avail the Company adequate time and reasonable cooperation in order for the Company to seek an adequate remedy to prevent such disclosure.
If any provision of this Agreement is declared to be unenforceable, the remainder of this Agreement will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.
Except as otherwise specified in this Agreement, this Agreement shall be governed by and construed in accordance with the laws of Singapore. The parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have non-exclusive jurisdiction.
As part of your agreement with the Company, you may receive a username and password (or other means by which you can control access to the data, information and services provided by the Company) as part of your User Account ("Access Code"). In such case, you agree to abide by the following terms in this paragraph. You acknowledge that you will be provided or have been provided an Access Code. You agree that once such Access Code is provided to you, you shall be solely responsible for maintaining the confidentiality of the Access Code. Accordingly, you shall be solely and completely responsible for any and all acts or omissions that occur under the Access Code by you or by any party (other than us) who uses such Access Code for any purpose whatsoever, whether lawful or unlawful. Without limiting the foregoing, you agree that the Access Code given to you will be solely used by you. You agree that you will not assign or transfer it to, or commit any act or omission that would result in such Access Code to be used by, any other party for any purpose whatsoever. You agree to inform the Company immediately of any unauthorised use of your Access Code.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS FROM ALL CLAIMS, SUITS, ACTIONS, PROCEEDINGS (FORMAL AND INFORMAL), INVESTIGATIONS, JUDGMENTS, DEFICIENCIES, DAMAGES, SETTLEMENTS, LIABILITIES, AND LEGAL AND OTHER EXPENSES SUFFERED BY OR INCURRED BY THE COMPANY, ITS AFFILIATES OR THEIR EMPLOYEES, DIRECTORS, REPRESENTATIVES, CONSULTANTS, ADVISORS, OFFICERS, OWNERS OR AGENTS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) ARISING FROM OR RELATED TO ANY OF THE FOLLOWING:
• breach or violation by you of this Agreement
• personal property damage or personal injury caused by you
• your gross negligence or willful misconduct
• any breach or violation by you of applicable laws or regulations
• any of your information or data provided through the Device(s) or the content thereof (including claims of infringement, ownership, libel, defamation, obscenity)
• use of the Application and Services
• use of the Provided Information and Access Code by you or others to whom you provided access
• any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred
• your breach of any rights of any other person,
WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON THE USER’S PART, EXCEPT WHERE SUCH LOSS ARISES DIRECTLY FROM THE COMPANY’S OWN INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, GROSS NEGLIGENCE, WILFUL MISCONDUCT OR DEFAULT, OR FRAUD.
The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with the Company in asserting any available defence. Any Provided Information provided by the Company as part of the Services is qualified entirely by reference to the original source of the information and you should refer to such original source for qualifications and reference. Such information provided may not be incorporated into any contract. No statement or information shall constitute as medical, legal, business or tax opinion or advice.
The Services provided does not constitute a commitment to, and the Company has no obligation to you to, deliver any additional information, material, code, functionality, enhancement, modification, or update of or support for the Application, although such enhancements, modifications, updates, and support may be made available to you from time to time, may be terminated at any time without notice to you and you bear the sole risk and liability in relying on such information in making any strategic or analytical decisions. The development, release, and timing of any features or functionality of the Application remain at the sole discretion of the Company, and all information provided may change without notice.
This Application may contain hyperlinks to sites operated by third parties. Access to any other site is at your own risk. Such links are provided as a convenience and the inclusion of such links does not imply an endorsement or guarantee of the products or services of those operators. The Company is not responsible for the reliability of such sites nor is the Company responsible for any information or other materials on such sites. The Company's inclusion of hyperlinks to such sites does not imply any association with their operators. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by you.
You may be granted access to information that is sensitive and personal in nature. You agree to not disclose or use such information except in compliance with applicable laws and in connection with lawful, legitimate, and bona fide purposes.
The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to interpreting this Agreement.
The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by Acts of God, Government restrictions, acts of terrorism, natural catastrophes, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to the recipient's office.
Save for the related entities of the Company, and as expressly provided in this Agreement including without limitation as referred to in the “Indemnification” section above, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
You shall not be permitted to assign or delegate your rights or duties hereunder to any person. This Agreement is entered into solely for the benefit of the Company and you and no other person shall be considered a third party beneficiary to the terms hereof.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion
In the event you have any queries in relation to the Services, the Application or this Agreement please refer to the FAQ section or contact us at email@example.com.
Where you have specific queries related to your insurance policy and applicability of such policies to your use of the Application and Services, please refer access the relevant resources on our Application or contact your relevant insurer directly.
1. In “User Account”:
The final bullet point of the “Personal Information” paragraph is to be replaced with the following:
• any other information that you may provide while accessing or using the Application and Services, which comprises “personal information” within the meaning of the New Zealand Privacy Act 2020 (the “NZ Privacy Act”) (i.e. information about an identifiable individual), and other applicable laws.
The following is included at the end of the section:
• The NZ Privacy Act applies to the collection, use, retention and disclosure of your personal information (as that term is defined the NZ Privacy Act), and these additional terms form part of the Agreement.
2. In “User Content”:
The final sentence of the first paragraph shall be deleted in its entirety and replaced with the following:
• if you post any Content that includes Personal Information on the any publicly available feature, the information you post is publicly available.
The following sentence shall be inserted at the end of the second paragraph:
• By making any Content available in connection with the Services, you agree, and warrant that all third party authors of the Content have agreed, to unconditionally waive all moral rights in connection with the Content which would otherwise preclude the Company from enjoying the full benefit of the license granted to the Company under this section.
3. In “Warranty Disclaimer”:
The following shall be inserted at the end of the section:
• You have not relied on any representation, warranty or agreement relating to the Application or Services that is not expressly set out in this Agreement, and no such representation, warranty or agreement has any effect.
• Without limiting the previous sentence, the parties agree to contract out of Sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by the terms of this Agreement (including the New Zealand Addendum).
4. In “Limitation of liability”:
The final paragraph of the section shall be deleted in its entirety and replaced with the following:
• Except to the extent permitted by law, nothing in these this Agreement (including the warranty disclaimer and limitation of liability) has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.
1. In “User Account”, the following additional sub-category of information is included within the definition of “Personal Information”:
• any other information that you may provide while accessing or using the Application and Services, which comprises “personal information” within the meaning of Section 6 of the Privacy Act 1988 (Cth) of Australia (i.e. information or an opinion about an identified individual, or an individual who is reasonably identifiable, (a) whether the information or opinion is true or not, and (b) whether the information or opinion is recorded in a material form or not), and other applicable laws.
2. In “User Content”, the following sentence is added at the end of the second paragraph:
• By making any Content available in connection with the Services, you agree, and warrant that all third party authors of the Content have agreed, to unconditionally waive all moral rights (as defined in the Copyright Act 1968 (Cth) of Australia) in connection with the Content which would otherwise preclude the Company from enjoying the full benefit of the license granted to the Company under this section.
3. In “Warranty Disclaimer”, the following sentence is added at the end of the section:
• Where, despite this section, any guarantee, right or contractual term (“Implied Term”) arises, is created, or is implied by operation of law and cannot be excluded, this disclaimer is to be read down to the extent necessary to give effect to such Implied Term, in which case the limitation of liability contained in these Terms will apply to any liability of the Company resulting from an alleged breach of such Implied Term.
1. In “User Account”:
The final bullet point of the “Personal Information” paragraph shall be replaced with the following:
• any other information that you may provide while accessing or using the Application and Services, which comprises “personal data” within the meaning of the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong (“PDPO”), or other applicable laws.
The following shall be added as the new second paragraph of the section:
• In compliance with the Data Protection Principle (“DPP”) 1(1) of the PDPO, we shall ensure that we only collect only Personal Information that is necessary for the purposes for which the data is used, and that the data collected is adequate but not excessive for the purposes. For instance, we shall not request for your date of birth where only the age (or age range) of the data subject or a declaration that he/she is over a certain age is required.
2. In “Entire Agreement”
• The original of this Agreement is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.
1. In “User Account”
The final bullet point of the “Personal Information” paragraph shall be replaced with the following:
• any other information that you may provide while accessing or using the Application and Services, which comprises “personal data” within the meaning of the Personal Data Protection Act 2010 of Malaysia (“PDPA”), and other applicable laws
2. In “Entire Agreement”
The following shall be inserted as the final sentence of the section:
• The original of this Agreement is written in the English language. In the event of any conflict between the English and other language versions, the English version shall prevail.