MyHealthcareCollective.com Terms

By accessing, visiting and browsing MyHealthcareCollective.com platform or any, website or any electronic application owned, licensed to or by, and/or maintained by My Healthcare Collective Pte Ltd  (“MHC“) or any of its affiliates or related corporations, including the MHC App (as defined below) (collectively, the “MHC Sites“) and/or the Services (as defined below) as a Visitor (as defined below), you hereby agree to be legally bound by these Terms and Conditions (“Terms”).   If you do not agree to these Terms, please leave the MHC Sites and discontinue the use of all MHC Sites and/or all Services immediately.

These Terms may be modified by MHC from time to time and any such modification, clarifications, variations shall be deemed to be effective immediately upon posting on the MHC Sites.

 MEDICAL EMERGENCIES

IF THERE IS A MEDICAL EMERGENCY or you require urgent care, please immediately consult a doctor in person, go to the nearest Accident & Emergency, or dial 995 immediately.

1. Acceptance of these Terms

1.1 These Terms create a binding contract between you and MHC, therefore, please review these Terms thoroughly and carefully before using the Website. If you do not agree to these Terms, then you must immediately desist and discontinue your use of and access of the MHC Sites.

MHC reserves the right to make changes to these Terms from time to time and for any reason whatsoever.  Any changes when posted on the MHC Sites shall be binding as and from the date of the changes.  Access to the MHC Sites is subject to these Terms, as they are amended from time to time and published on the Website. You should therefore read this page carefully each time you access the Website. Your continued access to the Website shall be deemed as having read, understood and accepted the revised Terms published on the Website.

2. Definitions

2.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:

“Applicable Law” means all laws, statutes, regulations, codes, by-laws, ordinances, treaties, orders, judgements, decrees, directives, rules, guidelines, orders, policies and other requirements of any Governmental Authority having jurisdiction, whether or not having the force of law, and includes other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

“Consultation” means the real-time video and audio medical consultation with a Medical Consultant via the relevant MHC Site.

“Content” means information, articles, data, text, graphics, images, audio-visual material, news, advertisements, and other content.

“Device” means the mobile device or phone, personal digital assistant, tablet, personal computer, notebook computer, or any other electronic device used to access and/or use the MHC Sites and/or the Services.

“Marks” is defined in Clause 6.2.

“Medical Consultant” means a medical practitioner or physician registered with the Singapore Medical Council who is licensed to provide the Services.

“MHC App” means MHC’s electronic health consultation, prescription and delivery application to which these Terms are appended.

“MHC Content” means all Content that is posted, displayed, made available on or accessible via any MHC Site.

“Personal Data” shall have the same meaning as from time to time set forth in the relevant personal data ordinance or statutes in Singapore, including but not limited to the Personal Data Protection Act 2012 (the “PDPA”).

“Servers” means the computer software, systems, and servers hosting, operating, managing, providing, or contributing to the MHC Sites and/or the Services.

“Services” is defined in Clause 3.2.

“Terms” means the terms and conditions set forth herein, including any amendments, and variations from time to time.

“Third Party Content” means the Content that is made available on or accessible via any MHC Site, and shall include all third party websites and all links to third party websites.

“Virus” means any virus, worm, macro, adware, Trojan horse, time bombs, error, or other damaging or harmful program or components.

“Visitor” means a person who accesses, visits and browses the MHC Site.

2.2 In this Agreement, unless otherwise stated,

(a)      an article, clause or schedule is a reference to an article and clause in or a schedule to this Agreement;

(b)      the singular includes the plural and vice versa;

(c)      S$ or SGD is a reference to the lawful currency of Singapore;

(d)      if a period of time dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;

(e)      a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(f)      the words “include”, “including”, “for example” or “such as” are not used as, nor are they to be interpreted as words of limitation and, when introducing an example, do not limit the meaning of the words to which the examples relates to;

(g)      if an act under this Agreement to be done by a person on or by a given day is done after 5.30pm on that day, it is taken to be done on the next day; and

(h)      headings are for convenience only and do not affect the interpretation of this Agreement.

3. MHC Sites and Services

3.1 The MHC Sites are owned and maintained by MHC or its affiliates or related corporations.

3.2 MHC may offer the following services on or through the MHC Sites (the “Services”) :

(i) Consultations for :

(a) common primary healthcare symptoms and related signs;

(b) chronic disease management;

(c) travel medication advice;

(d) advice on laboratory and scan results;

(e) and advice regarding sexual health or contraceptives;

(ii) prescriptions of medication and referrals, when medically necessary, following consultation by a Medical Consultant;

(iii) sale and delivery of medication prescribed by a Medical Consultant;

(iv) and any other features, contents, or applications that MHC may offer at the MHC Sites from time to time.

3.3 MHC reserves the right to charge for the use or access of any MHC Sites and/or the Services provided by MHC.

4. Data Protection

During your access and use of the MHC Sites including but not limited to online registration, the completion of online forms or feedback forms, consultations or prescriptions, your Personal Data may be collected, stored and used by MHC.  By continuing to use and access the MHC Sites, you consent to our collection, use, processing, and disclosure of your Personal Data in accordance with our Data Protection Policy.

5. Intellectual Property

5.1 The copyright, patents, trademarks, Marks (as defined below), logos and all other intellectual property rights in the Services, the MHC Sites, and all MHC Content, including Third Party Content, shall vest in and remain at all times with MHC and its licensors. As such, you are not permitted to copy, reproduce, transmit, distribute, alter or otherwise use any of the content in the MHC Sites for purposes other than as authorized by MHC.

5.2 The trademarks, logos, and service marks (collectively, the “Marks”) displayed on the MHC Sites or through Services rendered, are the property of MHC or third party licensors, and all rights to the Marks are expressly reserved by MHC or the relevant third parties.

5.3 Nothing in these Terms and Conditions shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use any trademarks, logos and all other intellectual property appearing on the MHC Sites without the prior written consent of MHC. You shall not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade, or exploit for any commercial or other purposes, any portion of, or any access to
(i) any Services;
(ii) any of the MHC Sites;
(iii) any MHC Content except with the prior written consent of MHC or where expressly permitted in the MHC Sites; or
(iv) any Third Party Content except with the prior written consent of the owner of the specific Third Party Content.

6. Cookies

6.1 “Cookies” are small pieces of information that certain websites employ to store on the user’s hard drive, personalised browsing settings. MHC may require cookies to help run certain services on the MHC Sites.  You may set up your web browser security level to deny or accept cookies and if you do reject cookies from our MHC Sites, some of our site may not work properly.

The MHC Sites may contain hyperlinks to other websites that are owned or operated by third parties.  Despite the links, these third party websites are not under the control of or maintained by MHC and therefore MHC is not responsibility or liable for the contents or services available through any such websites. Use of the hyperlinks and access to such linked websites are entirely at your own risk.

7. Consultation, Prescription & Treatment

7.1 MHC does not warrant or make any representations of any kind whatsoever that the MHC Sites, in particular, the MHC App or an interactive video, audio, or text consultation, is the appropriate channel of consultation for your particular health care problem, or meets your specific requirements. In particular, you acknowledge and agree that MHC shall not be liable for, and you shall not hold MHC liable for, the potential and inherent risks associated with remote or online medical consultation and prescription through any form of personal device, mobile phones and/or any electronic mediums, including the following risks:

(a) that the information transmitted by you or us may not be sufficient or accurate as a result of poor resolution or distortion of images, poor or insufficient lighting or sound, colour inconsistencies, or the impact of any shadows or reflection;

(b) inaccuracies resulting from self-measurement or inadequate description or reporting of symptoms, including body temperature, blood pressure, and weight;

(c) a lack of access to all your prior medical or health records;

(d) unknown or undetected adverse drug interactions, or allergies;

(e) software, hardware, or data transmission problems or failures which may impede, or cause delays in, evaluation, diagnosis or treatment; or

(f) failure of security protocols, resulting in a breach of confidentiality or personal data protection;

All of which may which may result in inaccurate evaluation and diagnosis.

7.2 If notified by a Medical Consultant that you should seek in-person diagnosis or treatment, and/or to procure further examination, measurement, or testing, and you should fail to do so or waive your right to do so, MHC shall not be liable and you agree not to hold MHC liable in the event of your failure to so comply.

7.3 The Medical Consultant will use his or her best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. MHC shall not be responsible in the event that you have failed to provide or withheld adequate or complete information regarding your historical medical conditions or any prior prescriptions.

7.4 The relevant MHC Site or any Medical Consultant may provide a referral to other doctors in situations where appropriate.

7.5 Notwithstanding anything in these Terms, MHC shall not be liable to you at any time for any of the following :

(a) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by the Medical Consultant.

(b) any instructions in relation to the medication provided by a Medical Consultant, a pharmacist or anyone else associated with the provision of medication you have been prescribed.

(c) Your failure to comply with any instructions given by a Medical Consultant in relation to any prescription provided to you including, in particular, route, timing and dosages; you will promptly report any side effects of any prescription to the Medical Consultant;

(d) use of any prescription after its expiry date; and

(e) use of any prescriptive drugs with alcohol or other non-prescribed medication.

8. Disclaimers and Exclusions

8.1 Accessing the MHC Sites or any third party website shall not be taken to create or imply any form of patient and doctor relationship.

8.2 The information provided in the MHC Sites are provided for general public information only and are not intended to be taken as a medical consultation or advice, nor should it be used to diagnose any medical condition, or in any way be deemed to constitute an offer or provision of any professional or any expert advice.  While we make every effort to ensure that all MHC Content displayed on the MHC App is accurate and complete, we provide the MHC Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties or representations of any kind either express or implied regarding the accuracy, reliability, up to date status, completeness or fitness for any purpose whatsoever. To the fullest extent permissible pursuant to applicable law, MHC disclaims all warranties, express or implied, including implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, and the warranty of non-infringement. Without limiting the foregoing, MHC does not warrant that the functions contained in or access to the MHC App, Services, MHC Content or other content will be timely, uninterrupted, error-free, or without omission, that defects will be corrected, or that the MHC App, Services, MHC Content or the Servers are free of Viruses, or that the download, installation, or use of any MHC Content in or with any Device will not affect the functionality or performance of the Device. You agree not to hold MHC liable for any loss, damage or expense resulting from the failure, defect, problem or damage of your electronic or mobile device.  You should at all times consult a qualified expert or a professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.

8.3 The views and positions expressed in the MHC Sites or third party sites or links may contain  personal views of the applicable authors and do not represent the views or positions of MHC.  It is not MHC’s policy or obligation to exercise editorial control over, and to review, edit or amend any data, information, materials, or contents of any Third Party Content, or any posting or information that may be linked to, inserted or made accessible on or from the MHC Sites and that MHC does not endorse, has no control over and shall not be responsible for any Third Party Content.  MHC hereby expressly disclaims all liabilities and responsibilities and shall not be liable for any losses, damages, expense or any other liabilities resulting from or arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.

8.4 No Liability for Changes to MHC Content or Services

MHC shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, update, terminate, withdraw, or suspend the operation of the whole or any part or feature or Content of the MHC Sites or Services without assigning any reason; and (ii) access to and/or use of the MHC App, Servers, and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any of the foregoing events, MHC shall not be liable for any loss, liability, or damage which may be incurred as a result.

8.5 Limitation of Liability

(a) In the event that MHC is held liable for any damages despite the foregoing provisions, MHC’s aggregate liability for any and all causes of action in relation to the MHC Content, any Third Party Content, the Services, the MHC Sites, any other website and this Agreement, shall not exceed the total amount of fees and charges paid by you to MHC for the Services from which such liability arose.

(b) Under no circumstances shall MHC be liable for the following:

(i) any indirect, special, consequential, or incidental damages that result from the access to or use of, or the inability to access or use, the MHC Content, any Third Party Content, the Services, any Devices, the MHC Sites, or any other website, even if MHC or a MHC authorised representative has been advised of the possibility of such damages;

(ii) any direct or indirect, special, consequential or incidental damages resulting from any claim against a Medical Consultant.

(c) You agree that the above exclusions and limitations of liability are reasonable under the circumstances and are necessary to enable MHC to provide the Services and the MHC Content to be provided by MHC at reasonable costs, or no costs, to you.

(d) The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from MHC’s negligence.

9. Refunds

9.1 Due to the nature of the Services or products that are purchased through  the MHC Sites, MHC shall have the sole discretion to provide an exchange or refund for any Services or products that you have purchased through the MHC Sites. Exchanges or refunds are permitted for products that are expired, defective or an error made.  Refunds are permitted only if the item is returned to us in the manner in which they were shipped and received by you, in the original packaging and with the receipt intact.  MHC reserves the right in its sole discretion to refuse to provide a refund if none of the aforesaid conditions are met.

9.2 Any exchanges or refunds may take up to thirty (30) days.  All refunds will be made to the same mode of payment associated with the purchase.

10. Termination

10.1 MHC has the right in its sole discretion and without notice to restrict, suspend, or terminate your access to and/or use of all or any part of the MHC Sites and/or the Services, without assigning any reason. After such termination, MHC will have no further obligation to provide the Services, except to the extent that MHC may be obliged to provide you access to your health or medical records.

10.2 Subject to applicable law, MHC reserves the right to maintain, delete, or destroy all communications and materials uploaded to the MHC Sites by you, pursuant to its internal record retention policies, subject to applicable law.

11. Indemnity

You agree to indemnify and hold MHC, and its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including legal costs on a full indemnity basis), awards, losses and/or expenses, whether occasioned by your negligence, breach of contract, breach of statutory duty, or otherwise, due to or arising from (i) your access to and/or use of the MHC Sites or any Services; (ii) your connection to the MHC Sites; (iii) your release of your account information on the MHC Sites to a third party; (iv) your breach of any terms and conditions of this Agreement; or (v) your violation of any rights of another person or entity.

12. Severability

If any provision of this Agreement is found to be illegal, void, or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall be read to exclude such provision and the remaining provisions shall continue in force.

13. Relationship of Parties

Nothing in this Agreement shall constitute or be deemed to constitute a patient or doctor relationship, any agency, partnership, or joint venture between MHC and you, and neither party hereto shall have any authority to bind the other in any way.

14. No Waiver

14.1 A failure by MHC to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time(s).

14.2 No waiver of any rights under this Agreement by a party hereto shall be effective unless made in writing and signed by such party hereto.

15. Rights of Third Parties

15.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description.

16. Force Majeure

16.1 No party hereto shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) if the failure results from a Force Majeure Event (as defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

16.2 For purposes of this Agreement, a “Force Majeure Event” is an event, which is a circumstance or event beyond the reasonable control of a party which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

17. Governing Law & Jurisdiction

17.1 This Agreement and all matters relating to your access to, or use of, the MHC Sites and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.

17.2 The parties irrevocably submit for all purposes of or in connection with any matter or issue relating to this Agreement to the jurisdiction of the courts of Singapore.