2 USE OF THIS WEBSITE
2.1 Guidelines: You agree to comply with any and all rules, guidelines, notices, policies and instructions pertaining to the use of this Website, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on this Website.
2.2 You represent, warrant and covenant that:
2.2.1 you shall abide by all applicable laws and regulations in your access and/or use of this Website;
2.2.2 you shall access and/or use this Website in a manner that does not infringe and shall not cause us to infringe any patent, copyright, trademark, trade secret or other proprietary rights of any third party;
2.2.3 you shall not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
2.2.4 you shall not send, distribute or upload, in any way, any software, data or materials that contain viruses, malicious code or harmful components that may impair or corrupt this Website’s data, damage or interfere with the operation of this Website or damage the operation of another’s computer or device; and
2.2.5 you shall not post, promote or transmit through this Website any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
2.3 Password restricted areas of this Website: Access to and use of password protected and/or secure areas of this Website are restricted to authorised users only. You shall not obtain or attempt to obtain unauthorised access to such parts of this Website, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
2.4 At your own risk: The access to and/or use of this Website is entirely at your own risk and we shall not be liable for any risk of misunderstanding, error, loss, damage or expense resulting from such access to and/or use of this Website.
3 RESERVATION OF RIGHT
3.1 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Website or any information, functionalities or services provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing this Website or associated information, functionalities or services. The Content may be modified, deleted or replaced from time to time and at any time in the absolute discretion of Smarter Health.
4 OTHER APPLICABLE TERMS
5.1 We may attach banners, java applets, links to other third party websites and/or such other materials to this Website for marketing purposes. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
6.1 There may be hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under Smarter Health’s control and Smarter Health shall not be responsible for the contents of, or the consequences of accessing, any linked website.
6.2 Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.
7.1 Public nature of Internet: You acknowledge and agree that the access and/or use of this Website via the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
7.2 Reliance on Materials: You acknowledge that any reliance on any Content shall be at your sole risk. We expressly disclaim any liability for errors, delays or omissions in the Content, or for any action taken in reliance on the Content.
7.3 Information available through this Website: All data and/or information contained in this Website is provided for informational purposes only. We make no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data. You should not act on such data or information without first independently verifying its contents.
8 NO WARRANTY
8.1 This Website including all Content are provided “as is” and “as available”. No warranty of any kind, implied, express or statutory, including any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with this Website, or any information and materials provided through this Website. Without prejudice to the generality of the foregoing, Smarter Health does not warrant: (i) the accuracy, timeliness, adequacy or completeness of this Website or the Content; (ii) that your use of and/or access to this Website and/or the Content will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that this Website and/or the Content will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that this Website and/or the Content, and your use thereof and/or access thereto, will be safe, secure or immune from any security breach including any unauthorised interception, interruption or modification or any ransomware; and (v) that use of this Website and/or the Content by you will not infringe the rights of third parties.
8.2 ou acknowledge and agree that Smarter Health does not warrant the security of any information transmitted by or to you using this Website and you hereby accept the risk that any information transmitted or received using this Website may be accessed by unauthorised third parties and/or disclosed by Smarter Health and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. You shall not hold Smarter Health or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any liabilities, damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.
9 YOUR CONTENT
9.1 Smarter Health does not endorse nor assume any responsibility for the contents of your transmissions or communications through this Website and you are solely responsible therefor.
9.2 You warrant, represent and undertake that you have the right and authority to submit your content and that your content do not infringe the intellectual property rights or any other rights of any third party.
9.3 You hereby grant to Smarter Health a non-exclusive, world-wide royalty-free, irrevocable licence and right to host, transmit, distribute or use (which shall include without limitation, the right to copy, reproduce and/or publish) all content and materials made available by you through this Website in connection with the provision of this Website to you and for the purposes you have instructed or requested.
10 DATA PRIVACY AND CONFIDENTIALITY
10.1 You agree that all information and/or particulars sent or submitted by you through the Website is non-confidential and non-proprietary unless otherwise expressly indicated by you and may be collected, used and disclosed by us for the following purposes:
10.1.1 to provide you with access to and use of this Website;
10.1.2 to respond to, handling, and processing queries, requests, applications, complaints, and feedback from you;
10.1.3 to manage your relationship with Smarter Health;
10.1.4 to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to monitor and analyse how you access and use this Website, to improve this Website and/or to enhance your user experience;
10.1.5 to respond to legal processes or to comply generally with any applicable laws, governmental or regulatory requirements of any relevant jurisdiction (and any applicable rules, codes of practice or guidelines), including, without limitation, meeting the requirements to make disclosure under the requirements of any applicable laws or assisting in law enforcement and investigations by relevant authorities;
10.1.6 for any other purposes for which you have provided the information; and
10.1.7 for any other incidental business purposes related to or in connection with the above.
10.2 In addition to the information that you submit, you consent to our systems being programmed to gather certain anonymous data to help us understand how this Website is being used and how we can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how you navigate through this Website, and information provided through the use of “cookies”.
10.3 With respect to all contents of transmissions or communications you make or submit through the Website, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our agents, a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.
10.4 In respect of any personal data of others which you disclose to us (whether or not by submission through this Website), you hereby warrant that you would have (prior to disclosing such personal data to us) obtained consent from the relevant individual whose personal data is being disclosed, to permit you to disclose the individual’s personal data to us, and to permit us to collect, use and disclose the individual’s personal data, for the purposes set out above.
10.5 Smarter Health may sell anonymised and/or aggregated data (including anonymised and/or aggregated patient data but excluding personal data) to third parties.
11 LIMITATION OF LIABILITY
11.1 Smarter Health shall in no event nor for any reason whatsoever be liable for any liabilities, damages, losses, fines, penalties or expenses, including indirect, special, or consequential damage, or economic loss, arising from or in connection with (i) any access, use or the inability to access or use this Website or the Content; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; (iii) any use of or access to any other website or webpage provided through this Website; (iv) any services, products, information, data, software or other material obtained or downloaded from this Website or from any other website or webpage provided through this Website or from any other party referred by or through the use of this Website; (v) any use or misuse of this Website or the Content; or (vi) any disclosure of personal data through this Website.
12.2 You shall cooperate fully in the defence of any allegation or third-party legal proceeding. Smarter Health reserves the right to assume the exclusive control and defence of any indemnified matter under this Clause 12.
13 INTELLECTUAL PROPERTY
13.1 All copyright and other intellectual property and proprietary rights in the Content belong to Smarter Health or its licensors unless otherwise indicated.
13.2 You may access material displayed on this Website for your non-commercial use only provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, copy, reproduce, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without Smarter Health’s prior written permission. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this Website are registered and unregistered Trademarks of Smarter Health or where applicable, other third party proprietors. No right or licence is given to any party accessing this Website to download, reproduce or use any such Trademarks.
13.3 You may not under any circumstances: (i) copy, sell, distribute, transmit, publicly display, rent, lease, export, publish or otherwise reproduce this Website or any part thereof in any form by any means; and/or (ii) adapt, modify, decompile, disassemble and/or reverse engineer this Website or any part thereof.
15 FORCE MAJEURE
15.1 Smarter Health shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in this Website’s operation, or for any inaccuracy, unreliability or unsuitability of the contents made available through this Website if due, in whole or in part, directly or indirectly to an event or failure which is beyond the reasonable control of Smarter Health (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers or the acts of a party for whom Smarter health is not responsible for).
16.2 The parties hereto are independent contractors and nothing herein shall constitute or be construed as creating any agency, partnership or other form of business association between the parties or as creating any fiduciary relationship between any of the parties. Neither party shall have any authority to enter into any contracts on behalf of the other party.
16.9 You acknowledge and agree that Smarter Health’s records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through this Website by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of this Website and any record of any communications, transactions, instructions or operations maintained by Smarter Health or by any relevant person authorised by Smarter Health relating to or connected with this Website shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.