Terms & Conditions

TERMS OF USE FOR DIGIHEAL MOBILE APPLICATION
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OR USING DIGIHEAL MOBILE APPLICATION (“APPLICATION”). BY DOWNLOADING OR CLICKING THE “ACCEPT” BUTTON OR USING THE APPLICATION, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY (the “AGREEMENT”).
IF YOU DO NOT AGREE WITH THE TERMS IN THE AGREEMENT, PLEASE DO NOT DOWNLOAD OR DO NOT USE THE APPLICATION OR STOP DOWNLOADING THE PROCESS BY CLICKING CANCEL BUTTON. IN THIS CASE THE DOWNLOADING WILL TERMINATE.
1. General Terms
Thanks for using the Application (“Services”). These are the terms and conditions governing the use of this Service and the Agreement that operates between yourself as subscriber, user or customer (“you”) and Digiheal Pte. Ltd. (“Digiheal”, “us”, “we” or “our”). The Agreement sets out the rights and obligations of all users regarding the use of the Services. The Agreement applies to all visitors, users and others who access or use the Services for healthcare packages purchase(s), medical appointment bookings, membership subscription, healthcare and wellness providers network access and other features/ services that may be added from time to time.

2. Acknowledgements
2.1 The terms of this Agreement apply to the Services accessible through the Application, including any updates or supplements to the Application, unless they come with separate terms, in which case those terms apply.
2.2 From time to time updates to the Application may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Application and accepted any new terms.

3. Terms of Services
You may use our Services only as permitted by law. You shall not attempt to undermine the security computing systems or networks where the Services are hosted which may impair the functionality of the Services or the websites. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You shall not attempt to copy, reproduce, reverse engineer or decompile any computer program, design, functionality and any other component of the Services and/or applications or engage in any automated data collection for any purpose whatsoever without our prior written consent.
You may only use the Services in accordance with and within the limitations of your subscription as set out in this clause. You shall not purport to licence, sell, lease or outsource or otherwise share or permit the use of the Services to or with any third party for commercial use. Usage beyond this limitation will result in a suspension or cancellation of your subscription or legal suits at worst scenario and you may also be liable for payment of any costs, losses and/ or damages that may be suffered by us a result.
4. Payment of the Services
For any paid Services such as healthcare packages or subscriptions provided in the Application, you are responsible for paying all fees and applicable taxes in a timely manner should you proceed with the purchase(s). For any payment made for our Services, you warrant and represent that (i) you are authorized to supply the information required for the payment to be completed online; and (ii) you authorise Digiheal and/ or its payment processing agents to process your fees payment. If the charges to the credit card is unsuccessful, Digiheal have the right to immediately cancel/ terminate the transaction and/ or access to your paid subscription.
Digiheal reserves the rights to change any fees at its sole discretion. Any changes will be effective upon posting through the relevant Services.
The paid fee is strictly non-refundable for the paid subscription or packages of the Services registered or purchased by the User.
5. User Account
As a User, you will need an account in order to use our Services. To protect your account, you shall keep your username and password secure and confidential at all times. You are responsible for the activity that happens on or through your account. In the event of any unauthorised use of your username and password or any other security breach, you must notify us immediately and take all other actions necessary or as required by us to maintain the security of the Services.
By creating a user account with Digiheal, you undertake that: (i) you are at lease age of 18 which you have full legal capacity to enter into this Agreement; (ii) the information provided to us is accurate, complete and current at all times. Failure to do so constitute a breach of the Agreement, which may result in termination of your account on our Services.
If you are a minor (below 18 years of age), you are required to obtain consent from your parent/ guardian to create a sub- profile under your parent/ guardian’s account to access the Services.

6. Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. You are responsible for the accuracy and correctness of the information or documents provided or submitted to Digiheal or the listed healthcare provider in the Application.
When you upload, submit, store, send or receive content to or through our Services, you give Digiheal (and those we work with) a worldwide, perpetual, irrevocable, fully transferable, royalty-free license to use, host, store, reproduce, modify, communicate, publish, publicly perform, publicly display and distribute such content (except medical records/ confidential documents) on and through the Service. The rights you grant in this license are for the limited purpose of operating, promoting, developing and improving our Services in the Application. This license continues even if you stop using our services. You shall ensure you own the necessary rights to grant us this license for any content that you submit to our Services. We reserve the right to remove or modify your content for any reason if we believe your content violates these Terms.
Our automated systems analyse your content to provide you personally relevant product features, such as customized Services and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.
If you have an account with Digiheal, we may display your profile name, profile photo, and any actions you take on Application connected to your account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your account.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

7. User’s Obligations
As a User, you represent, warrant and covenant that:
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.

- You will not frame or embed the Services to circumvent the Services.

- You will not impersonate another person or gain unauthorized access to another person's Account.

- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.


- You may not transfer your account to any other person and you may not use anyone else's account at any time. If you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling that the user's access to and use of the Services; and (iii) the consequences of any misuse.

8. Modification or Termination
8.1 We will continuously improve, improvise and update our Services. We may add, change or remove certain features, or requirements including the price of the healthcare packages or subscription, or we may suspend or stop a Service altogether. Accordingly, Digiheal has discretion to terminate your use of any Service for any reason. None of Digiheal, its participating users, its contributors and other business partners, third party services providers, their employees, contractors, and other agents shall have any liability to you for any such action. We would want you to benefit from the Application and you can terminate our Services any time if you decide to do so.

8.2 We may terminate this Agreement immediately by 7 days written notice to you if you commit any breach of this Agreement.

8.3 On termination for any reason:

(a) all rights granted to you under this Agreement shall cease;

(b) you must immediately cease all activities authorized by this Agreement;

(c) you must immediately delete or remove the Application from all devices, and immediately destroy all copies of the Application and documents that in your possession, custody or control and certify to us that you have done so.

9. No Medical/ Health Advice
You agree and understand that any healthcare/ medical packages, and other content provided to you on the Application is solely for your own general information purposes. It does not constitute medical/ professional advice by Digiheal and may not be used by you to make medical decisions. You shall make any decisions related to medical and health based on your own independent research, analysis and seek independent professional medical/ health advice. We do not, whether directly or indirectly, extend any medical/ health recommendations to subscribe to or for any healthcare/ wellness products and/or services.
For any healthcare/ medical packages purchase(s) through the Application shall be subject to the individual healthcare/ medical providers’ acceptance and each purchase accepted by the healthcare/ medical providers shall constitute a separate legal agreement between yourself and the said package provider.
10. Intellectual Property
The technology and contents of the Services, including, but not limited to our Applications and all other materials in whatsoever forms are owned by Digiheal and its licensors, which is protected by intellectual property laws and international treaties, as may be applicable.
For your use of the Services, we grant you a non-exclusive, limited, non-transferable and revocable license, during the term of this Agreement, to use our Application solely for your own personal and non-commercial use. These terms do not grant you the right to use any Digiheal’s branding or logos used in our Services.
11. Modification of Terms
We may revise the terms of this Agreement from time to time and the most current version will always be posted on the websites and/ or Application. The revisions will be updated, and you are responsible for checking such postings regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the revised terms, you may cancel your account or stop using the Services.
We reserve our rights to stop providing Services to you or add or create new terms to our Services at any time.
12. Warranties and Disclaimers
We provide our Services with commercially reasonable level of skill and care.
Other than as expressly set out in these terms or additional terms, neither Digiheal nor its licensors make any specific promises about the Services. Our Service is provided to you on an "as is" basis and, to the extent permitted by law, we make no express or implied warranty as to the accuracy, timeliness, availability or uninterrupted use of the Services.

You hereby acknowledge that your use of the Services is at your sole risk and we do not provide any guarantee for the accuracy, integrity or quality or suitability of the health or wellness packages that meets your specific requirements.

Digiheal does not provide endorsement or recommendation of any Services or healthcare packages or any medical/ healthcare providers that may be offered or listed on the Application and that any purchase made by you is at your sole risk and responsibility.

13. Limitation of Liability
To the maximum extent permitted by law, Digiheal shall not be responsible for indirect, special, consequential, exemplary, or punitive damages, including without limitation any loss or damage whatsoever arising from any use of this Services.
In all cases, Digiheal, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
The Services are only a technology platform for the users to access healthcare and wellness services. We are not responsible or liable for any interactions or consequential transactions following the use of our Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Users, including, but not limited to, any User's reliance upon any information made available or accessed via the Application and/or provided by the third party healthcare/ medical providers.
You assume sole responsibility for results obtained from the use of the Services and the conclusions drawn from such use.
14. Indemnity
You agree to fully indemnify us against all claims, demand, costs, losses, liability and damages arising from your breach of any terms of this Agreement on the use of the Services and any other obligations you may have to us.
15. Third Party Services, Websites and Content
The Services may enable you to link to the websites and to access the content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and you agree that Digiheal is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused or in connection with the use of or reliance on any such third party websites or content, products or services purchases, services providers and you agree to bear all risks associated with your access to and/or use of any such third party websites, content, products and services purchases in the Application.

16. Use of Information
16.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Digiheal and its affiliates, holding company, business partners and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to Digiheal and its affiliates, suppliers, partners and licensors (“Information”). The information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form; search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, the Information shall not include any information or data that is personally identifiably to you. The Information will be treated as being non-confidential and non-proprietary, and Digiheal assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
16.2 Privacy Policy. You represent that you shall comply with the terms and conditions of the Digiheal’s Privacy Policy which sets forth and describes the practices of the company with respect to the collection, use and disclosure of information in connection with your use of the Application and Services. Digiheal reserves the right to change the provisions of its Privacy Policy. Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
17. Miscellaneous
(a) Entire agreement
This Agreement, together with our Privacy Policy, your registration, subscription and other notices given to you under this Agreement, supersedes and replaces all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the Service and the use of our Websites and Applications.
(b) Waiver
No waiver of any claim, right or entitlement will be effective unless made in writing. If either Party waives any breach of this Agreement, this will not constitute a waiver of any other or continuing breach.
(c) Delays
Neither Party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money. If the event leading to such delay continues until the expiration of the renewal, either Party will be entitled to terminate this Agreement, upon written notice to the other, whereupon this Agreement shall forthwith terminate with no further claims on the part of either Party but without prejudice to any previously accrued claims.
(d) Severability
In the event any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.
(e) Relationship of Parties
You acknowledge and agree that we are merely a service provider in connection with the Services and that nothing in this Agreement shall cause or constitute the Parties to be partners, agents or fiduciaries of, or joint ventures with, each other.
(f) Governing Law
This Agreement shall be governed and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be first amicably negotiated and settled within the parties. In the event the disputes cannot be resolved amicably by the parties within 30 days of the issues arise, such disputes shall be referred to and resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre ("SIAC") for the time being in force which rules are deemed to be incorporated by reference to this clause. The tribunal shall consist of one (1) arbitrator to be appointed by the President of the SIAC Court of Arbitration. The language of the arbitration shall be in English.