Terms of Service
Terms and Conditions of Use of MedicFits Services
TERMS AND CONDITIONS OF USE OF MEDICFITS SERVICES
IMPORTANT – DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR URGENT SITUATIONS, IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 995 OR GO TO YOUR NEAREST HOSPITAL.
In these Terms and Conditions, “we”, “us”, “our” or “Medicfits” means Medicfits Pte Ltd, “you”, “your” or “yours” means the persons to whom this policy applies. “Site” means www.medicfits.com and “App” means Medicfits application downloaded on your phone or any electronic device.
Medicfits Services means – any service to a User including Advice, telemedicine, programme, remote patient monitoring and any other Services to a User – that you have subscribed for.
Medicfits Services are not intended to replace the doctor-patient relationship. It is a service offering the advantages of convenience and accessibility to a broad and general range of services relating to healthcare. We are only obliged to provide you consultations detailed in the package you have subscribed for. Your eligibility to use the Medicfits Services is subject to the doctor’s assessment of your suitability in accordance with the Telemedicine National Guidelines 2015 or such other law for the time being in force.
Please be aware that we may ask you for your personal data to, among other things, confirm your identity in a consultation by providing suitable forms of verification. This will be in conformity with our Data Protection Policy [provide URL link] and by using Medicfits Services, you hereby give your consent for the personal data so provided.
Please read these Terms and Conditions carefully. You confirm and agree that these Terms and Conditions form a legally binding agreement between you and Medicfits and /or such partners of Medicfits as indicated to you. These Terms and Conditions should be read in conjunction with our Data Protection Policy.
Your agreement to comply with and be bound by these Terms and Conditions and Data Protection Policy is deemed to occur upon first use of our Apps and Sites and by explicit agreement upon registration.
Your personal data will be retained in accordance with the Ministry of Health’s guidelines on the retention of patient data. Further, you are deemed to have accepted our Terms and Conditions, Data Protection Policy and any medical consent required by healthcare provider/s (collectively “our Policies”) when accessing Medicfits Services. By explicitly accepting our policies, you authorize Medicfits to use your personal data including your health information and details of all your past consultations, collectively your “Electronic Health Record”.
You also consent and agree that Medicfits may release your electronic health record for the purposes of your treatment and ongoing healthcare to your doctor (general practitioner “GP” or specialist), preferred (nominated) pharmacy, next of kin and/or persons authorized to make decisions in relation to your healthcare. If you do not wish us to release your electronic health record, please notify the doctor in your consultation. You will still be deemed to have explicitly accepted to other parts of our Policies. We may also disclose your personal information to insurance agencies, where you have selected any one of our telemedicine packages which include insurance coverage.
If you are entitled to free or subsidized consultations through government subsidies and/ or your insurer, employer, or a group membership, we will share with them your date of consultation, name, contact details, NRIC, passport number, date of birth, and policy or membership number to assist with reimbursement. We will not share information from consultation without your explicit consent. Please contact email@example.com to request for assistance.
View Our Data Protection Policy [provide link]
When accessing our Medicfits Services using Apps and / or Sites we ask that you make, a few commitments to us to ensure that you receive care personalized to you, and to protect you against the risk of receiving treatment that is inappropriate or unsafe. For feedback please contact firstname.lastname@example.org.
It is important for you to read and fully understand those commitments, so we have outlined the most important immediately below.
We ask that:
you commit you are the person registering and are not presenting yourself as someone else or acting as an agent for somebody else;
you will only register once with Medicfits unless you are registering for a dependent or a person in your care and provide authorization for the same.
you are advised to call or message the Healthcare Provider not later than 3 hours prior to the Scheduled Appointment if you wish to cancel the Scheduled Appointment;
you agree to protect the privacy and security of all Users (Patients, Doctors, Our Healthcare Providers and Medicfits Employees) and not to make independent recordings of consultations, capture images, or take screen shots or record voice or data or similar of the consultation. All necessary details of your consultations are stored for your benefit in Electronic Health Records. We may record your telephone calls with Medicfits helpdesk who will assist you with general and technical enquiries as well as for legitimate interests or business improvement purposes.
you commit that any information you provide Medicfits and its Healthcare Providers will be accurate and not to omit anything of relevance or importance, which for the avoidance of doubt includes, current and past, medications and conditions;
you will maintain and ensure that your Patient Information (Personal and Health), is current and correct at the time of any appointment or consultation;
you will keep your Electronic Health Records, current and add any relevant advice, opinions, tests, prescriptions or imaging you have received from all sources.
you will comply with all instructions and advice given to you by Healthcare Providers, subcontractors, and third parties for your continuing care.
you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing the prescription following a consultation;
you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
you agree that Medicfits may use Anonymised Data in the improvement of its Products and Services or where there is legitimate interest or for the purpose of business improvements.
you agree that Medicfits is not in the business of providing medical consultation or services. All medical consultation will be conducted by our Healthcare Provider, and accordingly there will be no medical advice provided to you by Medicfits. There will be no doctor-patient relationship formed by using the Service. Any medical advice will only be provided to you during your telemedicine consultation with the licensed medical practitioner. Medicfits shall not be responsible or liable for any action, omission, advice, services, products provided to you by the Healthcare Provider; and
you agree that the Healthcare Provider shall provide delivery medicine (where prescribed) to the appointed address. Delivery of the aforesaid to you will be done in accordance with the Singapore Standard Guidelines for the supply and delivery of medication.
1) DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, the following words and expressions shall have the following meanings:
1.1. “Account” means an account required for a User to access and/or use certain areas of our Apps and Websites
1.2. “Advice” means any communication, diagnosis, discharge, advice, or other Services in any form provided or facilitated by Medicfits or its Healthcare Providers through the Apps and Websites
1.3. “Affiliate” means, any person, firm, corporation, association, organization, or unincorporated trade or business that directly or indirectly, controls, is controlled by, or is under common control with the Company
1.4. “Apps and Websites” means the mobile application (IOS or Android) or website at https://www.medicfits.com/and any sub-domains of these websites unless expressly excluded by their own terms and conditions
1.5. “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of our Apps and Websites
1.6. “Contract” means a contract for the purchase and sale of Products and Services, as explained in Clause 20 [ORDERS]
1.7. “Electronic Health Record” means your account in our cloud-based storage holding your Personal Information and your Consultation record in accordance with the Ministry of Health’s guidelines on the retention of Patient Data.
1.8. “Healthcare Providers” means any registered healthcare professional providing Medicfits Services through its Apps and Websites including any persons/entities registered under the Private Hospitals and Medical Clinics Act Cap 248 (“PHMC”) as registered general practitioners
1.9. “Indemnified Parties” means Medicfits, the other Medicfits subsidiaries and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents, and representatives
1.10. “Medicfits Services” or “Services” means any service to a User including Advice, telemedicine, remote patient monitoring and any other Services to a User
1.11. “Order” means your order for the Products and Services which may or may not require a payment of monies as detailed in Clause 20 [ORDERS]
1.12. “Order Confirmation” means Our Medicfits acceptance and confirmation of your Order
1.13. “Personal Data” means the definition given to it in the Singapore Personal Data Protection Act, 2012
1.14. “Products” means any physical item Ordered including but not limited to Blood Pressure Monitors and Body Composition Monitors
1.15. “Products and Services” means the Products and Services provided by or via Medicfits to you as specified in your Orders
1.16. “Sensitive Personal Data” means any data which may reveal any racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data; medical history, symptoms, complaints, allergies, and medications
1.17. “Third Parties” means any entities providing Products and Services through Medicfits or its Apps and Websites, including independent healthcare providers, subcontractors, agencies, and suppliers other than Medicfits and its subsidiaries or affiliates
1.18. “Third Party Apps and Websites” means Apps and Websites not owned by Medicfits or any of its subsidiaries or affiliates
1.19. “User” means any patient, customer, third party, healthcare provider, general practitioners that access the Apps and Websites or orders Products and Services from Medicfits or its subsidiaries or affiliates and is not directly employed by Medicfits or acting during their Medicfits employment
1.20. “User Content” means any content submitted to Our Medicfits Apps and Websites by Users including, but not limited to Sensitive Personal Data including name, date of birth, state of health, ailments, allergies, blood pressure readings, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers.
2) REGISTRATION, FIRST, AND SUBSEQUENT USE
What information we collect, store and process when you register with Medicfits and use our Services -
On registration and first use of our Apps and Websites we ask for certain “Personal Data” including biographical and demographic information such as name, email, contact numbers, NRIC, passport number address, date of birth, gender, and location. We may also collect insurer, employee, group, or membership numbers where appropriate.
We may also ask for Sensitive Personal Data. Optionally you may also share and/or store with us Medications and Allergies and your Patient Information (Personal and medical history) in your personal Electronic Health Record.
In order to have a consultation with a doctor, you must explicitly agree to our current Terms and Conditions and Data Protection Policy at which point we will store that Sensitive Personal Data in your Electronic Health Record. Medicfits also provides the ability for your Healthcare Providers to add notes to your Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Electronic Health Record. At any point you can update your Personal Information, but we will keep a record of those changes if you have had a consultation.
Your agreement to comply with and be bound by these Terms and Conditions and Data Protection Policy is deemed to occur upon your first use of our Apps and Websites and updated at the point of a consultation.
3) ACCESS TO OUR APPS AND WEBSITES
You may access our Apps and Websites from anywhere subject to Singapore Law and the applicable laws in your location. It is your responsibility to confirm that you comply with all applicable laws and regulations in your location.
Our Services may not work well with older versions of browsers. Please check for regular updates, including security updates from your device manufacturer, operating system, and browser. Please download our Apps and Websites in Apple’s Appstore or Google Play Stores.
Access to our Apps and Websites is provided “as is” and on an “as available” basis. Medicfits may alter, suspend, or discontinue our Apps and Websites (or any part of it) at any time and without notice. Medicfits will not be liable to you in any way if our Apps and Websites (or any part of it) is unavailable at any time and for any period. Any technical issues are to be raised to email@example.com.
Certain parts of our Apps and Websites (including the ability to purchase Products and Services may require that you create or register an Account to access them.
You may not register an Account if you are not legal age of majority to contract (i.e., you are below 21 years of age) unless your parent, guardian, or care giver should provide consent and / or register their own main account and add you as their Dependant. Dependants must only access the main account with the supervision of their parent, guardian, or care giver and always at the discretion of the medical practitioner. For the avoidance of doubt, Medicfits takes no responsibility of any actions and conduct of the medical practitioner in his/ her consultation with patients of any age.
When creating an Account, the information you provide must be accurate and complete. If any of your information changes later, you can update it in your patient information page in our Apps and Websites. Falsely provided information may lead to suspension of the Account.
Medicfits requires that you choose a strong password for your Account.
It is your responsibility to keep your password safe. You must not share your password or Account with anyone else. If you believe your Account has or is used without your permission, please contact Medicfits immediately at firstname.lastname@example.org. Medicfits will not be liable for any unauthorized access to your Account.
Any personal information you provide or store in your Account will be collected, used, and held in accordance with Our data protection policies which follow Singapore law and Industry best practices.
If you wish to close your Account, you may do so at any time, contacting us by email at email@example.com.Closing your Account will result in the removal of your access to your Electronic Health Record. It will not remove any information we have already collected which we are required to maintain in line with Our data retention policies, best practice, the relevant PDPA and to use in Anonymised form.
5) INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS
Medicfits and its Apps and Websites contain, embody, and are based upon worldwide patented or patentable inventions, trade secrets, copyright, and other intellectual property rights (collectively “Intellectual Property Rights”) owned by or under license by Medicfits and its licensors.
All logos and trademarks on our Apps and Websites are owned by or licensed to Medicfits. Medicfits hereby reserves all rights to their respective use.
You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use Content from our Apps and Websites unless given express written permission to do so by Medicfits. To request authorization, contact firstname.lastname@example.org.
This Agreement does not convey to you title or ownership of Medicfits Apps and Websites. You shall not remove, replace, or obscure trademarks or proprietary notices contained in or displayed by Medicfits.
Any printouts made of content obtained through Medicfits must include a recognition and Our copyright notice, © Medicfits Private Limited. This Agreement does not confer any license or right to use any trademark of Medicfits or its licensors or suppliers without the express written permission of Medicfits. This permission can be requested to email@example.com
With these restrictions, Medicfits grants you a limited license to access and make personal use of the Apps and Websites and not to modify, any portion, except with express written consent. This license does not include any resale or commercial use of the Apps and Websites or content; any derivative use of the Apps and Websites or contents; or any use of data mining, robots, or similar data gathering and extraction tools.
The Apps and Websites or any portion of the Apps and Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Medicfits. Any unauthorized use terminates the permission or license granted by Medicfits. You may not use any logo or other proprietary graphic or trademark of insurer, employer, or group or Medicfits as part of the link without prior written permission from Medicfits. This permission may be requested to firstname.lastname@example.org
Subject to sub-Clause 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our Apps and Websites unless given express written permission to do so by Medicfits.
Access, view and use our Apps and Websites in an application (IOS or Android) or web browser (including any web browsing capability built into other types of software or app)
Download our Apps and Websites (or any part of it) for caching
Print pages from our Apps and Websites
Download extracts from pages on our Apps and Websites or
Save pages from our Apps and Websites for later and/or offline viewing
Our status as the owner and author of the Content on our Apps and Websites (or that of identified licensors, as appropriate) must always be acknowledged, © Medicfits Pte Ltd.
You may not use any Content saved or downloaded from our Apps and Websites for commercial purposes without first obtaining a license from Medicfits (or our Medicfits licensors, as appropriate). This does not prohibit the normal access, viewing and use of our Apps and Websites for general information purposes. A license may be requested to email@example.com. Nothing in these Terms and Conditions limits or excludes the provisions of the Intellectual Property Rights.
6) USER CONTENT
You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12 [ACCEPTABLE USAGE POLICY].
You agree that you will be liable to Medicfits and will, to the full extent permissible by law, indemnify Medicfits for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by Medicfits Pte Ltd from a breach.
You retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Medicfits an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting our Apps and Websites and for providing you with and improving Our Medicfits and Medicfits healthcare products and services including the use of that data in anonymized form. We will not share your Personal Data with a third party other than your Healthcare Provider or without your permission other than set out in Our Data Protection Policy.
An Account is required if you wish to submit User Content.
Apps and Websites are not suitable for any condition that should reasonably require face to face analysis, diagnosis, or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition.
Medicfits cannot guarantee continuity of care through the same Healthcare Provider.
The Content on our Apps and Websites does not constitute advice on which you should rely. It is provided for general information purposes only.
Medicfits makes no representation, warranty, or guarantee that Our Services or Apps and Websites will:
meet your requirements
be of satisfactory quality
be fit for a purpose
not infringe the rights of third parties
be compatible with all software and hardware; or
that it will be secure
Medicfits makes reasonable efforts to ensure that the displayed Content on our Apps and Websites is complete, accurate, and up to date. Medicfits does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
DISCLAIMERS, INDEMNITY AND LIABILITY
Medicfits is not responsible for any loss or damage caused by its Healthcare Providers (except to the extent the Healthcare Provider is an employee of Medicfits or acting within the scope of their employment), or Third Parties unless caused by the negligence, material breach or wilful default of Medicfits.
To the full extent permissible by law, Medicfits accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our Apps and Websites or the use of or reliance upon any Content included on our Apps and Websites.
To the full extent permissible by law, Medicfits excludes all representations, warranties, and guarantees (whether express or implied) that may apply to our Apps and Websites or any Content included on our Apps and Websites.
Medicfits neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of our Apps and Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, pandemics, acts of war, or legal restrictions and censorship.
The liability of the Company from its Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:
the legal minimum in aggregate in relation to any products; and
the legal minimum in aggregate otherwise
the aggregate liability to you or any third party arising from, relating to, or connected with these terms notwithstanding clauses 8.5.1 and 8.5.2 shall not exceed the sum of Singapore Dollars one hundred (S$100).
Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.
All Medicfits User Content are provided or made available to you for general information and reference only. In addition, Medicfits User Content relating to third parties and/or products and/or services provided by third parties or provided on behalf of third parties (including Third Party Content) are re-transmitted by Medicfits to you in the ordinary course of business. Such products and/or services, and any act or omission of such third parties, shall be the sole responsibility of the relevant third party, and you must (and may only) pursue any claim, dispute, or remedy in respect thereof with such third party.
Medicfits User Content may contain or comprise geographic, political, economic, statistical, financial, and health-related data presented in approximate or summary or simplified form which may change over time and may be based on material and/or information obtained from third parties which may not be accurate. You should not use any Medicfits User Content as a basis for making any decision, including whether to register for a Medicfits Account or to access or use Medicfits Products and Services. Medicfits User Content should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You should obtain such professional advice where appropriate.
None of the Indemnified Parties makes, and each of the Indemnified Parties hereby expressly excludes, any representation, warranty, guarantee, endorsement or undertaking of any kind, whether express or implied, statutory, arising from usage or custom or trade or by operation of law, or otherwise:
in relation to these Terms, the Medicfits Application, any Medicfits Products and Services or any Medicfits User Content, including – i. the provision of the Medicfits Application, any Medicfits Service, and any Medicfits Content to you; ii. the performance by Medicfits of its obligations under these Terms; iii. any failure or delay in, interruption to or disruption of the provision of the Medicfits Application, any Medicfits Service, or any Medicfits User Content to you, or in the transmission or receipt of any data in connection with the provision of the Medicfits Application, any Medicfits Products and Services or any Medicfits Content to you, howsoever caused or arising; iv. your access to and use of the Medicfits Application, any Medicfits Products and Services and any Medicfits User Content (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such access and/or use), and any suspension, termination, or discontinuance thereof; and v. any transaction or activity carried out pursuant to any Medicfits Service
as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality, availability or ability of the Medicfits Application, any Medicfits Service, or any Medicfits User Content
as to the inter-operability of the Medicfits Application, any Medicfits Service or any Medicfits Content with any other system, infrastructure, interface, product, service, network or otherwise to any extent
as to whether the Medicfits Application, any Medicfits Products and Services or any Medicfits User Content will meet your needs or requirements in any way or be uninterrupted, timely, secure, or free from computer viruses, Trojan horses, worms, malicious, destructive or corrupting codes or programmes, malicious activities of third parties, software bombs or similar items, defects, delays, errors, spyware, malware, adware, imperfections, faults, mistakes, misrepresentations, omissions, defects or inaccuracies
as to whether the service conditions on which your access to and/or use of the Medicfits Application, any Medicfits Products and Services or any Medicfits User Content depend will be met; and
as to whether or not your access to and/or use of the Medicfits Application, any Medicfits Products and Services or any Medicfits Content will (i) breach any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body, (ii) contain any obscene, offensive, defamatory material, or (iii) breach or infringe any rights, including Intellectual Property Rights and other proprietary, privacy and publicity rights, of any person and any obligations of confidence, and save to the extent prohibited by applicable law, the Indemnified Parties do not accept and shall not bear any liability or responsibility arising directly or indirectly from or in connection with any or all of the foregoing matters, and you hereby waive claim you may now or in the future have against any Indemnified Party for the same. You shall fully and effectively indemnify, defend, and hold harmless each Indemnified Party from and against, any and all losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
You acknowledge and agree that your access to and use of the Medicfits Application, any Medicfits Service and any Medicfits Content is subject to the following service conditions being met:
the availability to you of a suitable mobile handset or device that is compatible for use with the Medicfits Application and the relevant Medicfits Products and Services and Medicfits Content
the availability and connectivity of a suitable network infrastructure at the time when the Medicfits Application or the relevant Medicfits Service or Medicfits Content is accessed and/or used by you
the geographical and technical capability of the mobile networks and delivery systems at the time and location when and where the Medicfits Application or the relevant Medicfits Products and Services or Medicfits Content is accessed and/or used by you.
You acknowledge and agree that Medicfits has entered and may enter into agreements and arrangements with and is and may be subject to certain obligations to, owners and operators of Apps (“App Providers”) in connection with the distribution of the Medicfits Application as a mobile application. Medicfits accepts no, and shall not bear any, liability or responsibility for any loss arising from or in connection with any act or omission of any App Provider, or otherwise from the relationship between Medicfits and such App Providers.
Save to the extent prohibited by applicable law, in no event shall any Indemnified Party be liable or responsible in any way whatsoever for, and you waive any claim you may now or in the future have against any Indemnified Party and hereby agree to fully and effectively indemnify, defend, and hold harmless each Indemnified Party from and against, any and all Loss arising from or in connection with or by reason of:
These Terms, the Medicfits Application, any Medicfits Service or any Medicfits User Content, any breach of these Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise) and any exercise by Medicfits or any Medicfits Subsidiary of their respective rights under these Terms
any transaction or activity carried out through your Medicfits Account or pursuant to any Medicfits Service being inaccurate, inadequate, incomplete, ambiguous, or inconsistent in any way for any reason whatsoever
any unauthorised, mistaken, unlawful or wrongful payments made through your Medicfits Account or pursuant to any Medicfits Service for any reason whatsoever
the performance by or on behalf of Medicfits of its obligations under these Terms, including the fulfilment of or failure to fulfil any Payment Transaction Request or the performance of or failure to perform any Payment Transaction (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such fulfilment, performance, or failure)
any product or service obtained from any payment merchant pursuant to any payment transaction (or any description of such product or service)
any breach of any Additional Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise)
any failure, refusal, delay, error, or other act of omission by or on behalf of any Medicfits Service Provider or content provider
the use or disclosure, in any manner and for any purpose, by any Indemnified Party of any information obtained and/or provided by you in connection with your use of the Medicfits Application, any Medicfits Service or any Medicfits Content, including where such information is (to your knowledge or otherwise) inaccurate, inadequate, incomplete, ambiguous, inconsistent, or otherwise
any error, omission, inadequacy, incompleteness, ambiguity, inconsistency, or inaccuracy in or of any information obtained and/or provided by you in connection with your use of the Medicfits Application, any Medicfits Service, or any Medicfits Content (including in any payment transaction request); and / or
any Force Majeure Event.
This Clause 8 shall survive any expiry, termination, or other cessation of your relationship with Medicfits and/or your access to and/or use of the Medicfits Application, any Medicfits Service, or any Medicfits User Content. Medicfits reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with Medicfits in asserting any available defences.
THIRD PARTY APPS AND WEBSITES
As a convenience to our Users, the Apps and Websites may include links (including hypertext) to Third Party Websites or material, which is beyond our control. When you activate any of these you will leave our Apps and Websites and Medicfits has no control over and will accept no responsibility or liability for the material on any App and Website, which is not under the control of Medicfits
ADVERTISING AND SPONSORSHIP
Part of the Apps and Websites may contain advertising and sponsorship, including advertising and sponsorship by Medicfits. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes such as the Private Hospitals and Medical Clinics Advertisement Regulations. Medicfits will not be responsible for any error or inaccuracy in advertising and sponsorship material.
To the full extent permissible by law, Medicfits accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) our Apps and Websites or the use of or reliance upon any Content included on our Apps and Websites.
VIRUSES, MALWARE AND SECURITY
Medicfits takes all reasonable steps to ensure that our Apps and Websites are secure and free from viruses and malware. Medicfits does not, however, guarantee that our Apps and Websites are secure or free from viruses or other malware and accepts no liability in respect of the same.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via our Apps and Websites.
You must not attempt to gain unauthorized access to any part of our Apps and Websites, the server on which our Apps and Websites is stored, or any other server, computer, or database connected to our Apps and Websites.
You must not attack our Apps and Websites by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
By breaching any of the sub-Clauses herein, you may be committing a criminal offence. All, breaches will be reported to the relevant law enforcement authorities and Medicfits will cooperate fully with those authorities by disclosing your identity to them. Your Medicfits right to use our Apps and Websites will cease immediately in the event of such a breach.
ACCEPTABLE USAGE POLICY
You may only use our Apps and Websites in a manner that is lawful and that complies with the provisions of this Clause 12.
You agree that Medicfits may limit, restrict, or remove your right to any or all, of its Services, without reason or notice, where in the sole opinion of Medicfits your usage of the Medicfits Services breaches this Acceptable Usage Policy, as determined from time to time.
Specifically when submitting User Content (or communicating in any other way using our Apps and Websites), you must not submit, communicate or otherwise do anything that is; sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organizations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks, designs and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
Medicfits reserves the right to suspend or terminate your access to our Apps and Websites without notice if, in Our sole opinion, you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions.
Medicfits hereby excludes all liability arising out of any actions (including, but not limited to those set out above) that Medicfits may take in response to breaches of these Terms and Conditions.
MEDICFITS REWARDS PROGRAMME
Medicfits Users may earn rewards or coupons or any other scheme through completing tasks and/or activities in Medicfits. These will be separately informed to you. However, all these Terms and Conditions will be applicable to each of the reward programmes.
DATA PROTECTION AND PRIVACY: HOW WE COLLECT, STORE AND USE YOUR DATA AND YOUR ELECTRONIC HEALTH RECORD
Please refer our data protection policy at <Insert website Link>
PRODUCTS AND SERVICES, PRICING AND AVAILABILITY
Medicfits makes all reasonable efforts to ensure that all general descriptions of the Products and Services correspond to the actual Products and Services that will be provided to you, however, please note that the exact nature may vary depending upon your individual requirements and circumstances.
Medicfits neither represents nor warrants that all Products and Services will be always available and cannot necessarily confirm availability until your Order is completed. Availability indications are not provided on our Apps and Websites.
Medicfits makes all reasonable efforts to ensure that all prices shown on our Apps and Websites are correct at the time of going online. Medicfits reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed (please note sub-Clause 15.4.3 regarding GST).
Medicfits checks all prices when Medicfits processes your Order. In the unlikely event that Medicfits has shown incorrect pricing information, please note the following:
Medicfits will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. Medicfits will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). Medicfits will not proceed with processing your Order until you respond. If Medicfits does not receive a response from you within 1 day, Medicfits will treat your Order as cancelled and notify you of the same in writing.
if the price of Products and Services you have ordered changes between your Order being placed and Medicfits processing that Order and taking payment, you will be charged the price shown on our Apps and Websites at the time of placing your Order; and
all prices on our Apps and Websites include GST where applicable. If the GST rate changes between your order being placed and Medicfits taking payment, the amount of GST payable will be automatically adjusted when taking payment.
Subscriptions in our Apps and Websites are calculated annually or monthly and payable in advance.
You acknowledge that subscriptions will automatically be renewed upon the end of the agreed term, unless you provide an email or written request to cancel the subscription prior to the end of the relevant subscription period. Please contact: firstname.lastname@example.org
our Apps and Websites will guide you through the ordering process. Before submitting your Order to Medicfits, you will be either requested to confirm it by accepting Our Terms and Conditions (and possibly Data Protection Policy) or given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
No part of our Apps and Websites constitutes a contractual offer capable of acceptance. Your Medicfits Order constitutes a contractual offer that Medicfits may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that Medicfits has accepted it. Our acceptance is indicated by an order confirmation that will appear on Our mobile application. A telephone order confirmation is a legally binding contract. In the case of an email, only when Medicfits has sent you an Order Confirmation will there be a legally binding contract between Medicfits and you (“the Contract”).
Order Confirmations shall contain the following information:
Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services.
Fully itemized pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges.
If you change your mind, you may cancel your Order or the Contract before or after Medicfits begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses below.
Medicfits may cancel your Order at any time before Medicfits begin providing the Products and Services in the following circumstances:
The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or
An event outside of Our control (please refer to Clause 25 below for events outside of Our control).
If Medicfits cancels your Order and Medicfits has taken payment any such sums will be refunded to you as soon as possible and in any event within 60 days. If Medicfits cancels your Order, you will be informed by email or text as appropriate.
If you wish to cancel under this Clause 22, you must inform Medicfits of your decision to do so. You may do so by emailing us email@example.com
Medicfits may ask you the reason for cancellation and may use any answers you provide to improve Our Services in the future, however, please note that you are under no obligation to provide any detail if you do not wish to.
You may be entitled to cancel immediately by giving Medicfits written notice in the following circumstances:
Medicfits goes into liquidation or have a receiver or administrator appointed over our assets.
Medicfits are adversely affected by an event outside of Our control that continues for more than 30 calendar days.
Eligibility for refunds may vary per the Products and Services ordered. Subject to the approval from Medicfits. you will be required to pay for Products and Services supplied up until the point at which you inform Medicfits that you wish to cancel (please note that this may include charges in full for any work and services that Medicfits have undertaken or already provided where Medicfits have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, Medicfits will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. For the avoidance of doubt, in the event the Products and Services ordered and/or purchased involving Third Parties either by way of partnership and/or joint promotion with Medicfits, you are not allowed to cancel any part of the Products and Services either in part or in full and the purchase are not transferrable and non-refundable and cannot be exchanged for cash in part or in full.
Refunds approved by Medicfits under Clause 22 will be issued to you within 60 (sixty) calendars days after the date on which you inform Medicfits that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that Medicfits make a refund using a different method.
For cancellations before we begin providing the Products and Services, please refer to Clause 20.
Medicfits may cancel the Products and Services after Medicfits have begun providing them due to an Event outside of Our control that continues for more than 30 (thirty) calendar days’, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that Medicfits have already provided up until the point at which Medicfits inform you that Medicfits are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, Medicfits will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.
Once Medicfits has begun providing the Products and Services, Medicfits may cancel the Contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, Medicfits will invoice you for the relevant sums.
Refunds due under this Clause 22 will be issued to you no later than 60 (sixty) calendar days after the day on which Medicfits inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that Medicfits make a refund using a different method.
Medicfits may cancel immediately by giving you written notice in the following circumstances:
You fail to make a payment by the due date as set out in Clause 23. This does not affect Our right to charge you interest on any; or
You breach the contract in a material way and fail to remedy the breach within 7 calendar days’ of Medicfits asking you to do so in writing.
EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)
Medicfits will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include but are not limited to power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
If any event described under this Clause 24, occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
Medicfits will inform you as soon as is reasonably possible.
Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that Medicfits are bound by will be extended accordingly.
Medicfits will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary.
the event outside of Our control continues for more than 30 calendar days’ Medicfits may cancel the Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which Medicfits inform you of the cancellation; and
If an event outside of our control occurs and continues for more than 30 calendar days’ and you wish to cancel the Contract thus, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days after the date on which you inform Medicfits that you wish to cancel.
OTHER IMPORTANT TERMS
Cross-Border Data Transfers. We may process your data outside Singapore. Where we rely on legally provided mechanisms to lawfully transfer data across borders and to process your data.
We do not store any credit or debit card information on Our servers. Payments are processed via a third-party payment provider that is fully compliant with data security standards. Any payment transactions are encrypted using proprietary or recognised third party technology.
Medicfits may transfer or assign Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business). If this occurs, Medicfits will inform you in writing. Your Medicfits rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
The Contract is between you and Medicfits. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The rest of these Terms and Conditions shall be valid and enforceable.
No failure or delay by Medicfits in exercising any of Our rights under these Terms and Conditions means that Medicfits has waived that right, and no waiver by Medicfits of a breach of any provision of these Terms and Conditions means that Medicfits will waive any subsequent breach of the same or any other provision.
For questions or complaints about communications from Medicfits (including, but not limited to marketing emails), please contact Medicfits by email: firstname.lastname@example.org
LAW AND JURISDICTION AND DISPUTE RESOLUTION
These Terms and Conditions, and the relationship between you and Medicfits (whether contractual or otherwise) and Medicfits Pte Ltd shall be governed by and construed in accordance with the Law of Singapore.
Any dispute arising out of or in connection with this agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.
If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 90 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and determined by arbitration in accordance with the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated in reference to this clause.
The Seat of the Arbitration shall be Singapore
The tribunal shall consist of 1 arbitrator.
The language of the arbitration shall be English.
Medicfits will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.
Medicfits may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice.
Medicfits reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you will be notified on the website that the policy has been altered. You will be required to confirm that you accept the changes to the Policy prior to using certain services.
In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Date: 29 September 2021