1. AGREEMENT TO TERMS
2. TERMS OF ARRANGEMENT
3. CONTRIBUTORS BY DOCTORS AND HCPs
4. SERVICES THAT REQUIRE SEPARATE AGREEMENT
4.1. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
5. USER ACCOUNTS
5.1. In order to use some or all of the functionalities and Services provided through the Website or the App, you shall be required to register an account (“Account”) with the Website or the App. At the time of registration of the Account, you will be asked to complete a registration form which shall require you to provide personal information such as name, address, phone number, email address, username and other personal information (“Account Information”).
5.2. To create an Account, the User must be at least 18 years of age or any other legal age (as applicable at his/her country of origin) to form a binding contract. If the User is not of legal age to form a binding contract, the User may not register to use the Services. Upon verification of details, WhatsDoc may accept the account registration application. You must not allow any other person to use your account to access the Website or the App. You must notify us in writing immediately if you become aware of any unauthorised use of your Account. You must not use any other person's account to access the Website or the App, unless you have that person's express written permission to do so.
6. USER IDS AND PASSWORDS
6.1. If you register for an Account with the Website or the App, you will be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your Account or user ID for or in connection with the impersonation of any person.
6.2. You shall be responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6.3. You must notify by emailing us if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
6.4. You are responsible for any activity and Content on the account arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. WEB RESOURCES AND THIRD-PARTY SERVICES
7.1. For your convenience, we may include hyperlinks to other web platforms or content on the Website or App that are owned or operated by third parties. Such linked web platforms or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked web platforms. Any hyperlinks to any other web platforms or content are not an endorsement or verification of such web platforms or content and you agree that your access to or use of such linked web platforms or content is entirely at your own risk.
8. INTELLECTUAL PROPERTY RIGHTS OF APP
9. USER REPRESENTATIONS
10. PROHIBITED ACTIVITIES
10.1. The Website or the App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
10.2. As a User of the Website or the App, you agree and undertake not to:
10.2.1. use the Website or the App for any revenue generating endeavour, commercial enterprise, or other purposes for which it is not designed or intended.
10.2.2. systematically retrieve data or other content from the Website or the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
10.2.3. make any unauthorized use of the Website or the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
10.2.4. use the Website or the App for advertising or offering to sell goods and services.
10.2.5. circumvent, disable, or otherwise interfere with security-related features of the Website or the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
10.2.6. engage in unauthorized framing of or linking to the Website or the App.
10.2.7. the trick, defraud, or mislead other users and us especially in any attempt to learn sensitive account information such as user passwords;
10.2.8. make improper use of our support services or submit false reports of abuse or misconduct.
10.2.9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10.2.10. interfere with, disrupt, or create an undue burden on the Website or the App or the networks or services connected to the Website or the App.
10.2.11. attempt to impersonate another user or person or use the username of another user.
10.2.12. sell or otherwise transfer your profile.
10.2.13. use any information obtained from the Website or the App in order to harass, abuse, or harm another person.
10.2.14. use the Website or the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise.
10.2.15. decipher, decompile, disassemble, or reverse engineer any of the software , source code, application, comprising or in any way making up a part of the Website or the App.
10.2.16. attempt to bypass any measures of the Website or the App designed to prevent or restrict access to the Website or the App, or any portion of the Website or the App.
10.2.17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website or the App to you.
10.2.18. delete the copyright or other proprietary rights notice from any Content, Website or the App.
10.2.20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website or the App.
10.2.21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
10.2.22. except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website or the App, or using or launching any unauthorized script or other software.
10.2.23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website or the App.
10.2.24. use the Website or the App in a manner inconsistent with any applicable laws or regulations.
10.2.25. use the Website or the App for any offensive, immoral or unethical purposes.
10.2.26. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
11. USE LICENSE
11.1. SUBJECT ALWAYS to Clause 10, we hereby grant you a revocable, non-exclusive, non-transferable, limited right to use the Website or download, install and use the App on wireless electronic devices owned or controlled by you, and to access and use the Website or the App on such devices strictly in accordance with these Terms of Service.
12. APPLE AND ANDROID DEVICES
12.1. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms of the App license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Service in this App license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service in this App license contained in these Terms of Service against you as a third-party beneficiary thereof.
13. APP MANAGEMENT
13.1. We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website or the App.
14.1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
15. COPYRIGHT INFRINGEMENTS
15.1. We respect the intellectual property rights of others. If you believe that any material available on or through the Website or the App infringes upon any copyright you own or control, please immediately notify us using the contact information provided herein (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website or the App infringes your copyright, you should consider first contacting an attorney.
16.1. You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use or access of the Website or the App; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website or the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. DISCLAIMER OF WARRANTY
17.1. You expressly agree that use of the Website or App or purchase is at your sole risk. The Website or App are provided on an “as is” and “as available” basis. WhatsDoc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, the accuracy of data and system integration.
17.2. You acknowledge and agree that the Website or the App does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party HCPs, including medical doctors and other HCPs in our network. You acknowledge and agree that the HCPs using the Website or the App is solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of HCPs, in their sole discretion, as they deem appropriate. WhatsDoc does not make any express or implied warranties that the HCPs are validly licensed to practise medicine, or are qualified to advise in their purported area of speciality.
17.3. While the doctors or HCP may use reasonable efforts to include accurate and up-to-date information on the Website or the App, we make no warranties or representations as to its accuracy, timeliness or completeness. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM THE WEBSITE OR THE APP, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. LIMITATION OF LIABILITIES
18.1. You understand that to the extent permitted under applicable law, in no event will WhatsDoc or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Website or the App, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
19. MODIFICATIONS AND INTERRUPTIONS
19.1. We reserve the right to change, modify or remove the Contents of the Website or the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the App. We also reserve the right to modify or discontinue all or part of the Website or the App without notice at any time. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or the App.
19.2. We cannot guarantee the Website or the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website or the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website or the App during any downtime or discontinuance of the Website or the App. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Website or the App or to supply any corrections, updates, or releases in connection therewith.
20. TERM AND TERMINATION
20.1. These Terms of Service shall remain in full force and effect while you use the Website or the App. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website or the App (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation on the Website or the App or delete your Account and any content or information that you provided at any time, without warning, in our sole discretion.
20.2. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
21. FORCE MAJEURE
21.1. WhatsDoc shall not be liable for any failure to fulfil any term under these Terms of Services if and to the extent that the fulfilment is delayed, interfered with or prevented by Force Majeure. For the purposes of these Terms of Service, Force Majeure shall mean the following: (i) Acts of God, (ii) war, outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, bad weather, (v) power failure, failure of telecommunication lines, failure or breakdown of plant, machinery or vehicles, (vi) outbreak of a pandemic/epidemic (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond WhatsDoc’s reasonable control.
22. GOVERNING LAW
22.1. These Terms of Service and your use of the Website or the App are governed by and construed in accordance with the laws of Singapore applicable to agreements, without regard to its conflict of law principles.
22.2. Should any dispute arise between WhatsDoc and any User with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of these Terms of Service, the parties shall in the first instance attempt to resolve such dispute by amicable negotiation. Should such negotiations fail to achieve a resolution within thirty (30) days, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.
23.1. No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms of Service, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms of Service will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
24.1. If any provision of these Terms of Service is declared to be unenforceable, the remainder of these Terms of Service 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 the law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.
25. ENTIRE AGREEMENT & AMENDMENTS TO THE TERMS
25.1. The terms herein stated shall constitute the entire agreement and understanding between you and us on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and us concerning the subject matter thereof.
25.2. These Terms of Service may be modified from time to time. Any modifications to these Terms of Service will be effective upon posting. Your continued use of the Website or the App after any modifications to the Terms of Service indicates your acceptance of the modified Terms of Service.
26. USER DATA
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
28.1. Visiting the App, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website or the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. CONTACT US
29.1. If you have a complaint regarding the Website or the App or would like to receive further information regarding the use of the App, please contact us at:
WhatsDoc International Pte. Ltd.
03-17, 200 Jalan Sultan, Singapore 199018