1. | DEFINITIONS AND INTERPRETATION |
1.1 | In these TOUs, unless the context otherwise requires:
"Affiliates" means, with respect to the Company, its subsidiaries and related corporations;
"Cookie Policy" means the cookie policy of the Company that can be accessed at http://www.singapore-gft.sg/en/cookie-policy;
“Force Majeure Event” means an event beyond the reasonable control of the Company, and shall include, without limitation, acts of God, inclement weather, rain, floods, drought, earthquake or any other natural disaster, the collapse of buildings, fires or explosions, or other catastrophies, failure, strikes, lock outs, boycotts or other labour dispute or disturbance, an epidemic or a pandemic caused by an outbreak of any communicable diseases, malicious damage, sabotage, vandalism, war, hostility, acts of terrorism, acts of foreign enemies, civil commotion or riots, embargoes, or acts of any military authority, any laws, regulation, acts or orders taken or imposed by any governmental authority, including change in laws, restrictions of travel and sanctions;
“Health Practitioners” means doctors, traditional Chinese medicine practitioners, or other health and wellness practitioners;
“Information” means information posted on the PLATFORMS, including but not limited to text, articles, graphics, images or other material contained, accessed or entered on the PLATFORMS, whether or not by Health Practitioners or other Users;
“Intellectual Property Rights” means (whether registered or unregistered), all trade and other marks, designs, trade and business names, logos, graphics, photographs, images, product shots and all other forms of protection having a similar nature or effect in any part of the world;
“Order” means orders for Products and/or Services;
“Parties” means the Company and the User;
“Personal Data” means data, whether true or not, about an individual who can be identified:
(a) | from that data; or | (b) | from that data and other information to which the Company has or is likely to have access; and/or | (c) | any other personal data as defined under applicable laws; |
“PDPA” means the Personal Data Protection Act 2012 of Singapore (No. 26 of 2012);
“Privacy Policy” means the privacy policy of the Company that can be accessed at http://www.singapore-gft.sg/en/privacy-policy;
“Products” means the Products and Services listed for sale on the PLATFORMS;
“Taxes” comprises all forms of taxation in the world, past, present and future (including, without limitation, capital gains tax, income tax, estate duty, profits tax, stamp duty, value added tax, purchase tax, customs and other import or export duties) and all other statutory, governmental or state impositions, duties and levies and all penalties, charges, costs and interest relating to any claim;
“TCM” means traditional Chinese medicine;
“User” has the meaning given to it in Clause 2.1; and
“Website” means http://www.singapore-gft.sg/
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1.2 | In these TOUs, unless the context otherwise requires:
(a) | references to “these TOUs” includes all amendments, additions, and variations thereto; | (b) | words importing the singular include the plural and vice versa, words importing any gender include every gender, words importing persons include an individual, firm, partnership, trust, joint venture, company, corporation, body corporate, unincorporated body, association, organisation, any government, or state or any agency of a government or state, or any local or municipal authority or other governmental body (whether or not in each case having separate legal personality) and references to time shall mean Singapore time; | (c) | references to Clauses, other provisions in these TOUs are references to clauses and other provisions of these TOUs; | (d) | headings are for convenience of reference only and shall not affect the interpretation of these TOUs; | (e) | references to writing shall include any mode of reproducing words in any legible form (including by any electronic means); and | (f) | references to a “person” include any company, limited liability partnership, partnership, business trust or unincorporated association (whether or not having separate legal personality) and a company shall include any company, corporation or any body corporate, wherever incorporated. |
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2. | USE OF THE PLATFORMS |
2.1 | The User will use the PLATFORMS and its features only in relation to and in compliance with all applicable laws. The User will not use the PLATFORMS and its features for any purposes not intended under these TOUs. The User will not deliberately use the PLATFORMS and its features in any way that is unlawful or harmful to the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives, and/or any other users (each, a “User”, and collectively, the “Users”) and to the Information contained therein the PLATFORMS. |
2.2 | The User may use the PLATFORMS only to:
(a) | read any articles contained therein (“Articles”) and post corresponding comments and/or questions relating to the Articles and the Products. | (b) | communicate with the Health Practitioners in relation to topics on TCM, healthcare and wellness. | (c) | place an Order by completing the order form on the PLATFORMS and clicking “Confirm Purchase” or “Purchase”. | (d) | view, make, change or cancel appointment with Health Practitioners. | (e) | register for same day appointments, get a queue number, and monitor clinic queues. | (f) | arrange and schedule medical video consultation (“Medical Video Consultation”) with Health Practitioners. |
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2A. | MEDICAL VIDEO CONSULTATIONS (a) | The Company may offer Medical Video Consultations on the Platforms. | (b) | The User acknowledges and agrees that:
i. | The User may arrange and schedule Medical Video Consultation via the Application. All requests for Medical Video Consultation shall be subject to Health Practitioners’ acceptance in his/her sole discretion. | ii. | The User shall ensure that the internet connection to which the User’s device is connected is of sufficient quality and strength to host a Medical Video Consultation, otherwise video and/or audio quality may suffer. | iii. | Once the User’s requests for Medical Video Consultation is accepted, the Application may provide the User’s information to the Company and the relevant Health Practitioner, including the User’s name, identification number. The User agrees to provide proof of identity (which includes a valid photo identification, company identification and/or insurance card) and such information as requested by the Company and/or the Health Practitioner to verify the User’s identity at the start of or at any time during the Medical Video Consultation. The User acknowledges that he/she may be denied Medical Video Consultation if he/she refuses to provide proof of identity or assume a false identity. The Company and/or the relevant Health Practitioners reserve the right to decline to accept any request for Medical Video Consultation through the Application in its/he/her absolute discretion. | iv. | The User acknowledges that there are inherent limitations to Medical Video Consultation and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation. Such medical situations include but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions; (iii) chronic conditions which have not been previously diagnosed by a Health Practitioner; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities. | v. | The User acknowledges and agrees that the medical evaluation/diagnosis provided via Medical Video Consultation shall be intended as a provisional opinion (or second opinion) and shall be solely based on information made available, presented and discussed for or during the Medical Video Consultation. Such medical evaluation/diagnosis is not intended to be a substitute for an in-person consultation or treatment. It is advisable to seek further clarification, examination, diagnosis and/or an in-person consultation for a more comprehensive medical assessment before beginning any definitive treatment. | vi. | The User is responsible for the correctness and accuracy of the particulars, statements and images including the User’s symptoms, health history, photographs, laboratory test results or diagnostic images furnished/uploaded by the User to the Company and/or Healthcare Practitioners. | vii. | The User shall comply with any advice by any Healthcare Practitioners to consult a doctor or other healthcare professional in person or seek emergency or other treatment. | viii. | The User shall (i) comply with any instructions given in relation to any prescription provided to the User including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to any Healthcare Practitioners; (iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered; (iv) protect anything prescribed to the User and not permit any other person access to the prescribed medication; and (v) not use any prescription after its expiry date. | ix. | Upon the completion of any Healthcare Practitioners, the Company will issue a receipt to the User via email or in such other manner as determined by the Company;
3.4.15 The User shall not record in any media of the User’s interactions with any Healthcare Practitioners through the Application. | x. | The User shall not conduct in an inappropriate manner when interacting with any of the Healthcare Practitioner, or display/upload any inappropriate or medically-irrelevant images to the Application. Any such conduct may result in the termination of the User’s account and/or deletion of the images from the Application. | xi. | The User may cancel the Medical Video Consultation via the Application. |
| (c) | Payment for Medical Video Consultations
i. | The User of Medical Video Consultations agrees to pay all Fees for Medical Video Consultations via credit card. | ii. | The Company may request for additional information or documentation at any time and for any reason, including confirming the User’s identity, age and/or to confirm the User’s bank details or debit card details, credit card details, prepaid facilities. The User agrees to provide such information and/or documentation promptly to the Company upon request. If the User fails to do so promptly, the Company may either limit the User’s use of the Platforms or terminate the User’s account. | iii. | By providing to the Company with the User’s bank details or debit card details, credit card details, prepaid facilities and associated payment information, the User agrees that the Company is authorized to immediately invoice the User’s credit card or debit card or any prepaid facilities for all Fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. | iv. | If the User’s health plan, insurer, employer or agency has arranged with the Company to pay the Fees or any portion of the Fees payable to the Company, or if the fee payable is pursuant to some other arrangement with the Company, that fee adjustment will be reflected in the fee that the User is ultimately charged. | v. | If the User’s health insurance coverage or employee benefits does not include or is not sufficient to satisfy the Fees for Medical Video Consultations in full, the User may be fully or partially responsible for payment. | vi. | In connection the user of the Medical Video Consultations via the Application, the User shall bear the following fees and charges (collectively “Fees”):-
a. in respect of Medical Video Consultations, a consultation fee for each completed Medical Video Consultation by the User through the Application (“Consultation Fee”) calculated based on the rates as prescribed by the Company on the Application from time to time, and any medication purchased at the price as stated on the Application (“Medication Charges”).; | vii. | For the avoidance of doubt, the Company’s determination of the Fees shall be final, conclusive and binding on the User. | viii. | The Company may use payment processing agents to process payment of any Fees. When the User provides the Company with bank details or debit card details, credit card details, prepaid facilities and associated payment information, the User authorizes the Company’s payment processing agents to charge the Fees to the User’s relevant bank accounts or debit or credit cards automatically upon the expiry of each payment period as applicable in relation to the Fees. |
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3. | RESPONSIBLE USE OF THE PLATFORMS |
3.1 | The User agrees to use the PLATFORMS responsibly, including but not limited to a manner:
(a) | which is not unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another User’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; | (b) | which does not infringe any Intellectual Property Rights; | (c) | which does not impersonate any person or entity including but not limited to any official of the Company or host or falsely state or otherwise misrepresent the User’s affiliation with a person or entity; | (d) | which does not unauthorizedly access any data, systems, networks including any attempt to prove, scan or test the vulnerability of a system or network; | (e) | which does not monitor without authority data or traffic on any network system; | (f) | which does not attach any viruses which could damage, interfere, intercept or expropriate any system or interfering with the service of any User, host or network; | (g) | which does not circumvent any user authentication or security of any host, network or account (cracking or hacking); and | (h) | which does not reproduce, duplicate, copy, resell, download or exploit for any commercial purpose or otherwise any parts of the Information contained in the PLATFORMS. |
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4. | PLACING AN ORDER |
4.1 | Each Order constitutes an offer by the User to purchase the Products. The User shall be responsible to ensure that all information provided in connection with the Order is accurate and complete. |
4.2 | Upon the successful placement of an Order by the User, which includes the receipt of full payment by the Company from the User in relation to the Order, the Company shall provide the User with an email confirming the Order (“Confirmation”), which indicates the Company’s acceptance of the Order, and shall constitute the contract between the Parties for the Order. |
5. | PRICE AND PAYMENT |
5.1 | The price of the Product shall be as set out on the PLATFORMS and the order confirmation page at the time of the Order, and is exclusive of any applicable Taxes. All applicable Taxes shall be borne by the User. |
5.2 | While the Company uses its best endeavours to ensure that the prices set out on the PLATFORMS and the order confirmation page at the time of the Order are accurate, there may be times where the prices stated on the PLATFORMS are erroneous in which case the Company reserves the right to inform the User of the correct price of the Product. The Company shall not be liable for any loss or damage suffered by the User if the price stated on the Website is erroneous. The User shall have the option of either cancelling the Order, or proceeding with the Order (subject to the payment of any shortfall) if there are such errors. The Company shall refund any such excess that has been received [through the User’s original mode of payment for the Order]. |
5.3 | Payments shall be made by way of debit/credit card, or such other methods as are made available on the PLATFORMS in Singapore dollar (SGD). |
6. | CANCELLATION OF THE ORDER |
6.1 | The User may email the customers support team at eysih_app_contactus@singapore-gft.sg, if the User wishes to cancel the Order. |
6.2 | Notwithstanding the above clause 6.1, the Company may, at any time in its sole discretion, cancel, amend or reject the Order, provided that where the Company has received payment for the Order, the Company shall refund such excess that has been received [through the User’s original mode of payment for the Order]. The Company shall not be liable for any loss or damage suffered by the User as a result of the cancellation of the Order. |
7. | DELIVERY OF PRODUCTS |
7.1 | The Company will use its reasonable endeavours to [deliver or]procure the delivery of the Products to the User’s delivery address provided in connection with the Order within the delivery time frame selected, but does not guarantee that the delivery time frames will be met. The Company shall not be liable for any loss or damage suffered by the User as a result of any late delivery. |
7.2 | Risk in the Products shall pass to the User upon dispatch of the Products, and title to the Products shall only pass to the User upon delivery of the Products. |
7.3 | If delivery of the Product is delayed through the User’s unreasonable refusal to accept delivery, the Company may, without prejudice to any other right or remedy under these TOUs:
(a) | proceed to charge the User for any reasonable storage fees and other costs reasonably incurred by the Company arising out of or in connection with the User’s unreasonable refusal to accept delivery; and/or | (b) | cancel the Order in accordance with Clause 7.2. |
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7.4 | Where a Product is found to be defective, the User shall inform the Company within three (3) days from the date of delivery of the Product to the User. |
8. | INTELLECTUAL PROPERTY |
8.1 | Nothing in these TOUs gives the User any right in respect of the Company’s Intellectual Property Rights of any nature, or the goodwill derived from such Intellectual Property Rights. The title and interest of the Company’s Intellectual Property Rights shall remain vested in and owned by the Company at all times. |
8.2 | The User shall not reproduce, modify, create derivative works of, distribute, or publicly display the Information (whether in whole or in part and regardless of purpose) without the prior written consent of the Company, and subject always to the terms and conditions imposed by the Company in connection with the granting of such written consent. |
9. | NO REPRESENTATION OR WARRANTY |
9.1 | While every effort has been made to ensure that the Information provided in the PLATFORMS is up to date and accurate, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives make no representation or warranty of any kind, either express or implied, as to the completeness, correctness, accuracy, suitability, reliability or otherwise of the Information in the PLATFORMS for any purpose, all of which is provided "as is" and "as available". The Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives do not warrant that the PLATFORMS or the server that makes it available is free of any virus or other harmful elements. |
9.2 | To the fullest extent permitted by applicable laws, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives disclaim all warranties and obligations relating to the PLATFORMS and the Products, including but not limited to all implied warranties and obligations of merchantability, quality, fitness for a particular purpose, title and non-infringement. |
10. | INDEMNIFICATION |
10.1 | The User agrees to indemnify and hold harmless the Health Practitioners, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives from and against any third-party claims, loss, liability, demand, damages, costs and/or expenses, including, but not limited to, legal costs and disbursements arising out of or in connection with:
(a) | Information the User posts or submits to or through the PLATFORMS; | (b) | the User’s use of the PLATFORMS; | (c) | the User’s conduct in connection with the PLATFORMS or with other Users of the PLATFORMS; | (d) | the User’s breach or violation of these Agreements; | (e) | the User’s infringement of any Intellectual Property Rights or other rights of any person or entity; and | (f) | the User’s breach of any applicable laws in Singapore or the User’s jurisdiction (as applicable). |
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10.2 | The Company will endeavor to notify the User of such claim, loss, liability, demand, damages, costs and/or expenses as soon as reasonably practicable and as far as reasonably possible. In addition, the User hereby agrees to provide the Company with reasonable assistance, at the User’s expense, in defending any such claim, loss, liability, damages, or cost. |
11. | LIMITATION OF LIABILITY |
11.1 | The Company shall not be liable in any way to the User for any damage, loss (direct and indirect), harm and any consequential loss whatsoever, which may be incurred by the User in the use of the Website, unless such damage or loss is caused solely by the Company’s breach of these TOUs, or by the willful misconduct of the Company. |
11.2 | The User’s sole and exclusive remedy for any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these TOUs against the Company is to discontinue the User’s access and use of the PLATFORMS. |
11.3 | Nothing in these TOUs shall be deemed to exclude or limit the User’s liability in respect of any indemnity given by the User under these TOUs. |
12. | FORCE MAJEURE |
| The Company shall not be in breach of any of the provisions of these TOUs if and to the extent that such a breach is caused by a Force Majeure Event, which renders it impossible for the Company to fulfil its obligations under these TOUs. |
13. | NO PARTNERSHIP OR AGENCY |
| Nothing in these TOUs is intended to, or shall be deemed to create any agency, joint venture or partnership between the User and the Company. Neither the User nor the Company have the right, power, or authority to make any warranties or representations on behalf of the other party. |
14. | INVALIDITY |
14.1 | If any provision in these TOUs shall be held to be illegal, invalid or unenforceable, in whole or in part, the provisions shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the intention of the Company. |
14.2 | To the extent that it is not possible to delete or modify the provision, in whole or in part, under Clause 14.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these TOUs and the legality, validity and enforceability of the remainder of these TOUs shall, subject to any deletion or modification made under Clause 14.1, not be affected. |
15. | REMEDIES, WAIVERS AND AMENDMENTS |
15.1 | No failure on the part of the Company to exercise, and no delay on its part in exercising, any right or remedy under these TOUs will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. The rights and remedies provided in these TOUs are cumulative and not exclusive of any rights or remedies provided by law. |
15.2 | The Company reserves the right to amend these TOUs at any time with or without notice. |
16. | GOVERNING LAW AND DISPUTE RESOLUTION |
16.1 | These TOUs shall be governed by, and construed in accordance with, the laws of Singapore. |
16.2 | The Parties irrevocably submit to the exclusive jurisdiction of the Singapore courts to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these TOUs. |
