Terms and Conditions
Updatd Date: 16th April 2020
These Terms constitute a binding and enforceable contract between Axon and you, an end user of the Platform (“you”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms. You may authorise other persons to use the Platform on your behalf in certain cases; in such events, you shall be liable for all acts or omissions of the person you authorise to use the Platform. If you are using the Platform on behalf of another party, you represent and warrant that (a) these Terms have been explained in their entirety to you and (b) you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms.
By using the Platform, you agree that you have read, understood, and are bound by these Terms as amended from time to time, and that you comply with the requirements listed herein. If you do not agree to the Terms in entirety or comply with the requirements herein, please do not access or use the Platform.
The Platform facilitates smart health services by connecting doctors, paramedics, and patients for medical consultations. It allows patients to share their health information with doctors and consult them for health-related queries. Axon merely provides the Platform. Service providers use the Platform to provide you with smart health services.
2. USER ACCOUNTS
(b) You should ensure that you secure access to:
- any device associated with the email address or phone number linked to your Account; and
- your username, password, and other login or identifying credentials to access the Platform.
(c) Please ensure that you log out from your Account at the end of each session to prevent misuse of your Account.
(d) You are responsible for maintaining the confidentiality of the details of your Account (including your username and password). You should immediately notify Axon of any unauthorised use of your Account or any other breach of security with respect to your Account.
(e) You are liable and accountable for all activities that take place through your Account. Axon shall in no manner be held liable for any unauthorised actions through your Account due to unauthorised access and reserves, at its sole discretion, the right to suspend an Account if it is of the reasonable opinion that the Account is being accessed by an unauthorised party.
(f) Please note that your Account is linked to the service provider who uses the Platform to provide you with smart health services. If the relationship between Axon and the service provider expires or terminates for any reason, your Account shall also terminate. By using the Platform, you acknowledge and expressly agree to this.
3. USER INFORMATION
(b) You represent and warrant that your User Information is true, complete, and accurate in respects. You should immediately contact us at the details provided below if your User Information undergoes any change.
(c) You grant us a non-exclusive, worldwide, sublicensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create derivative works of the User Information for the functioning of and in connection with the Platform.
(d) Consent to Use Data:
- You acknowledge and consent to the collection, use, processing and transfer of personal data to computer sources and servers located outside of the country you are based in. You are not obliged to consent to such collection, use, processing and transfer of personal data.
4. YOUR RESPONSIBILITIES
(a) You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
- infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works of any content made available on the Platform, the Platform, or any portion thereof;
- use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual process to monitor or copy the Platform or any portion thereof;
- make any back-up or archival copies of the Platform or any part thereof;
- engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
- re-license, sub-license, rent, or lease the rights to use or access the Platform or any content or service available on the Platform;
- act in an abusive or threatening manner or use abusive or threatening language on or through the Platform;
- use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
- violate applicable laws in any manner.
(b) You accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that Axon shall have absolutely no liability with respect to the same.
(c) You should not use the Platform in an emergency, if you believe you require intensive medical treatment, you believe your ailments require immediate medical attention and diagnosis, and in the event of accidents.
5. OUR INTELLECTUAL PROPERTY
(a) All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to us. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable, and limited licence to use the Platform in accordance with these Terms.
(b) The Axon trademarks and logos, and all other trademarks, service marks, graphics and logos used in connection with Axon or the Platform are trademarks or registered trademarks of Axon or Axon’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Use of the Platform does not grant you any right or licence to reproduce or otherwise use any Axon or third-party trademarks.
(c) [You agree that Axon may, from time to time, use anonymised User Information and other data pertaining to your use of the Platform in accordance with our Policy and applicable laws. You hereby agree that all intellectual property rights arising out of works created from anonymised User Information and other data belongs to and is owned by Axon. You hereby waive any rights you may have that arise out of such works and agree to execute such documentation as Axon may request in order to give effect to Axon’s rights under this clause.]
(d) We may request you to submit suggestions and other feedback, including bug reports, relating to the Platform from time to time (“Feedback”). We may freely use, copy, disclose, create derivative works on, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(a) You may be required to pay certain fees in connection with your use of the Platform, or to consult a healthcare professional through the Platform. In such cases, you may not be entitled to avail certain features of the Platform unless your payment method is accepted and verified.
(b) Payment Processors: The Platform may integrate third-party payment processors (“Payment Processor”) to assist you with making payments. The processing of payments will be subject to the terms and policies of such Payment Processors, in addition to these Terms. We shall not be liable for any error on behalf of the Payment Processor. In the event of any unsuccessful payments, the money so debited shall be credited in accordance with the terms of the Payment Processor.
7. THIRD PARTY SERVICES
(a) The Platform may include services, products, content, documents, and information owned by, offered by, or otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that the use of such Third Party Services is solely at your own risk. We make no representations and exclude all warranties and liabilities arising out of, or pertaining to such Third Party Services, including their accuracy, quality, or completeness. We do not endorse or sponsor any Third Party Services.
(b) All intellectual property rights in and to Third Party Services are the property of the respective third parties.
8. TERM AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder. You agree that your use of the Platform in any manner after the expiry or termination of these Terms is solely at your own risk and Axon shall not be liable for any unauthorised use of the Platform in this regard.
(b) We may terminate your access to the Platform, or any portion thereof, immediately and at any point, without notice, at our sole discretion if you (i) violate or breach any of your obligations, responsibilities, or covenants under these Terms; (ii) inappropriately use the Platform, as may be determined by Axon; or (iii) upon termination of Axon’s relationship with the service provider who uses the Platform to provide you with smart health services.
(c) Upon termination or expiry of these Terms:
- your access to the Account and Platform shall time out; and
- these Terms shall terminate, except for those paragraphs that expressly or are intended to survive termination or expiry.
9. DISCLAIMERS AND WARRANTIES
(a) You agree that your use of the Platform is at your sole risk. To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. Axon does not warrant that operation of the Platform will be uninterrupted or error free or that the functions contained in the Platform will meet your requirements.
(b) YOU AGREE THAT YOUR ENGAGEMENT WITH OTHER USERS OF THE PLATFORM IS AT YOUR SOLE RISK. AXON OFFERS AN ONLINE SOLUTION THAT PROVIDES A PLATFORM TO CONNECT YOU TO DOCTORS, PARAMEDICS OR PATIENTS, AS APPLICABLE. IT DOES NOT BEAR ANY RESPONSIBILITY FOR ANY INFORMATION OR ADVICE PROVIDED OR FAILED TO BE PROVIDED BY USERS OF THE PLATFORM AND DISCLAIMS ALL WARRANTIES IN RELATION TO INFORMATION OR SERVICES PROVIDED BY USERS ON THE PLATFORM. YOUR USE OF THE INFORMATION OR SERVICES PROVIDED BY USERS THROUGH THE PLATFORM DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN AXON AND YOU.
(c) Axon is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to the provision of information or services by users through the Platform, including but not limited to the provision of ethics and laws, violation of standards of care and the duty of care, the provision of false or negligent advice or information, any harm caused due to faulty testing procedures or medical devices, violation of third party rights, or any abuse, threats, or offensive behaviour. Axon does not recommend, endorse, or make any representation about the efficacy, appropriateness or suitability of any specific tests, procedures, treatments, services, opinions, or other information that may be provided on or available through the Platform.
(d) You understand that your use of the Platform will require you to use third-party medical appliances and devices that are integrated into the Platform. Axon is not and will not be responsible for any claim or for any damages suffered that may arise, directly or indirectly, through the use of these third-party medical devices including any defective assessments, loss or injury incurred, or any incorrect diagnosis.
(e) You acknowledge that the Platform is not to be used in a medical emergency or in situations requiring critical care.
(f) You understand that certain medical conditions require a physical visit with doctors, at the location of the doctor. You further understand that if you are either unsure about your ability to communicate your condition effectively on the Platform, or concerned about the advice received on the Platform, or if the advice received on the Platform is different to advice you received previously, a physical visit with your doctor is recommended. You understand that any advice provided by doctors is based on their experiences, training, and medical education. Axon makes no representations about the quality, reliability, timing, integrity, authenticity, accuracy, or appropriateness of the information provided by the doctors on the Platform, and assumes no responsibility for any of the foregoing as more fully set forth below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AXON DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR ANY OTHER INFORMATION THAT MAY BE PROVIDED THROUGH THE PLATFORM.
(g) Axon is not in the business of providing any type of professional medical advice, whatsoever. Axon is not liable for any acts, omissions, or any form of advice provided by any doctor through or on the Platform.
(h) Axon is and shall not be in any manner responsible for any acts or omissions of the service provider who uses the Platform to provide you with smart health services. Axon expressly disclaims any liabilities or loss arising out of your relationship with such service provider.
(i) You understand that other users of the Platform are not agents or employees of Axon; they are independent contractors who independently avail the Platform.
(j) Axon does not own, control, or endorse any User Information that is transmitted, stored, or processed via the Platform. You are solely responsible for the User Information. Axon does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any User Information that is made available through the Platform and disclaims all liabilities or warranties arising out of or in connection with any User Information.
(k) Axon does not warrant or represent that the Platform will be compatible with any third party hardware or software. It shall be your responsibility to ensure compatibility of the Platform, prior to use. Additionally, Axon shall not be held responsible for any actual, incidental or consequential damages that may result from any use or inability to use any third-party peripherals with the Platform.
(l) To the fullest extent permissible under applicable law, Axon expressly disclaims all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage.
(m) To the fullest extent permissible by law, Axon, its affiliates, and their related parties each disclaim all liability to you for any loss or damage arising out of or due to:
- the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorised access to our records, programs, services, server, or other infrastructure relating to the Platform;
- any losses or delays in transmission of messages or material you access arising out of the use of any internet access service provider or mobile network service provider or caused by any browser or other software which is not under Axon’s control;
- the Platform being infected with any malicious code or viruses; or
- the failure of the Platform to remain operational for any period of time.
(n) You agree that in no event shall Axon, its affiliates, and/or their officers, employees, and agents be responsible to you or any other party for any lost profits, lost savings or other direct, indirect, special, incidental or consequential damages arising out of (a) your use or inability to use the Platform and/or (b) your use of or access to the Platform.
You agree to indemnify and hold harmless us, our affiliates and respective directors, officers, members, employees, and agents from and against any and all claims and expenses arising out of your use of the Platform, a breach of any provision of these Terms by you or any person using your account on the Platform, any User Information, or any third-party claim to the extent arising from or connected with an allegation that your use of the Platform in accordance with these Terms infringes any rights of a third party.
11. MODIFICATION OF PLATFORM
We reserve the right to add, modify or discontinue, temporarily or permanently, the Platform (or any part thereof) at any time with or without notice or cause. You agree and acknowledge that we shall not be liable to you or to any third party for any such addition, modification, suspension or discontinuation of the Platform.
We reserve the right to provide minor modifications or enhancements, or programme temporary fixes or patches, if any, to the Platform (“Updates”). You agree that the addition of major functions or significant new features to the Platform is not an Update. We shall, in our sole discretion, have the right to determine what constitutes an Update.
You acknowledge that the Platform contains trade secrets and confidential information of Axon, its licensors and its users. You agree to hold and maintain the Platform in confidence, and not to furnish any other person with a copy of the Platform. You agree to use a reasonable degree of care to protect the confidentiality of the Platform. You will not remove or alter any proprietary notices of Axon and/or its licensors that are on or in the Platform. Your obligations under this section shall continue even after these Terms have been terminated.
14. FORCE MAJEURE
Axon shall have no liability to you if we are prevented from or delayed in performing our obligations or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.
15. JURISDICTION, GOVERNING LAW, AND DISPUTE RESOLUTION
These Terms shall be governed by, construed and enforced in accordance with the laws of Singapore. Subject to other provisions in this clause, the courts in Singapore shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Singapore, in accordance with the Singapore International Arbitration Centre for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
16. MISCELLANEOUS PROVISIONS
(a) Severability – If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would become lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(b) Notices – All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to Axon Smarthealth Pte Ltd, 229 Mountbatten Road, Mountbatten Square, #03-38, Singapore – 398007.
(c) Third Party Rights – No third party shall have any rights to enforce any terms contained herein.
(d) Support – If you want to learn more about the Platform or have any problems using the same, please mail us at firstname.lastname@example.org.