Terms of Use
Last Modified: 31 August 2023
1. THESE TERMS
1.1 Use of the CAMTECH HEALTH mobile application ("Application") and CAMTECH HEALTH website (“Website”) (collectively, the ‘Camtech Digital Platforms”) constitutes acceptance of these terms of use ("Terms"), which terms may be revised by Camtech from time to time and is a binding agreement between the user (“User”) and Camtech Health Pte Ltd ("Camtech") governing the use of this application.
1.2 By downloading, installing, or accessing this application, User acknowledges and agrees to be bound by these terms. if User does not agree to these terms User should not use and should uninstall this application immediately.
1.3 By using Camtech Digital Platforms, you agree to these terms regardless of whether you are paying user or a non-paying visitor. If you are using Camtech Digital Platforms as a representative of an entity, you are agreeing to these terms on behalf of that entity.
1.4 We may amend these terms from time to time by posting the updated terms on Camtech Digital Platforms. If we make material changes, we will notify you of the changes before they become effective. Your continued use of Camtech Digital Platforms and our services after the changes come into effect shall mean that you agree to be bound by the revised policy.
1.5 You should also read our Privacy & Data Protection Policy which sets out how we collect and use your personal information.
2. ELIGIBILITY & ACCEPTABLE USER POLICY
2.1 By accessing any Camtech Digital Platforms, you warrant to us that:
a. you are at least eighteen (18) years old; and
b. you are legally capable of entering into binding contracts.
2.2 If you are using the Application on behalf of an entity, by using the Application you represent that you have the necessary rights and authority to agree to these terms (and our Privacy Policy, Acceptable Use Policy and other documents referred to herein) on behalf of that entity.
2.3 As part of the terms of use, you agree not to misuse the Application or help anyone else to do so. You agree not to do any of the following in connection with the Application:
a. use our Application for unlawful or unauthorized purposes, or violate applicable laws or regulations in any way;
b. re-sell or attempt to benefit in a commercial fashion from any data, content or Information available on the Application;
c. probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures or service use limits;
d. access, tamper with, or use non-public areas or parts of the Application;
e. interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Application, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Application;
f. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Application or any related technology that is not open source;
g. access, search, or create accounts for the Application by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
h. send unsolicited communications, promotions or advertisements, or spam;
i. forge any TCP/IP packet header or any part of the header information in any email;
j. send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
k. conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization;
l. abuse referrals or promotions;
m. post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
n. submit purposefully inaccurate information, commit fraud, or falsify information;
o. violate the letter or spirit of our terms of use; or
p. violate the privacy or infringe the rights of other users.
3. USER LICENSE
3.1 Subject to these Terms, Camtech grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) including these Terms is prohibited. These Terms and the User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
3.2 Any and all rights in the Application are and shall remain the exclusive property of Camtech. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in the User. Users are only entitled to the limited use of the Application granted to Users under these Terms. Camtech reserves all rights not expressly granted under these Terms.
3.3 The User is responsible for any costs associated with downloading, installing, accessing and/or using the Application which may depend and vary on the terms and conditions of the User’s own mobile device service provider.
3.4 Camtech may, at any time and without giving notice to User, make changes, corrections and/or improvements to the Application, stop providing the Application or features of the Application to any Users, or create usage limits for the Application. This license will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
4. OUR SERVICES
4.1 We are constantly changing and improving our Application and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You acknowledge that these beta services may not be as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Application and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Application or any services we provide.
4.4 You are responsible for configuring your information technology, computer programmes and platform or system in order to access our Application. We do not guarantee that our Application will be free from bugs or viruses.
4.5 Camtech may offer various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”) with providers who deliver Healthcare Services (“Healthcare Providers”). If you are using the teleconsultation functionality. You acknowledge and agree that:
a. You are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory test results or diagnostic images furnished by you to Camtech Health and/or the Healthcare Provider;
b. All requests for video consultation shall be subject to the Healthcare Providers’ acceptance in his/her sole discretion and each consultation accepted by a Healthcare Provider shall constitute a separate agreement between the Healthcare Provider and you, to which neither Camtech Health nor our affiliates are a party to;
c. The Healthcare Providers are independent professionals. Each Healthcare Provider is responsible for his/her Healthcare Services rendered to you and compliance with the requirements of his/her profession and licence. Camtech Health does not take on any duty of care to you;
d. Camtech Health is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Neither Camtech Health nor any third parties who promote the Healthcare Services, facilitate the provision of the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Provider via Camtech Digital Platforms;
e. You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video consultation, otherwise video and/or audio quality may suffer;
f. Once your request is accepted, the Application may provide your information to the Healthcare Provider, including your name and identification number. You agree to provide proof of identity (which includes a valid photo identification, company identification and/or insurance card) and such information as requested by the Healthcare Provider to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied Healthcare Services if you refuse to provide proof of identity or assume a false identity. The Healthcare Provider reserves the right to decline any request for video consultation through the Application in its absolute discretion;
g. You acknowledge that there are inherent limitations to video consultations and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation. Such medical situations include, but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
h. You understand and agree that the medical evaluation/diagnosis provided shall be intended as a provisional opinion (or second opinion) and shall be solely based on information made available, presented and discussed for or during the video consultation. Such medical evaluation/diagnosis is not intended to be a substitute for an in-person consultation or treatment. It is advisable to seek further clarification, examination, diagnosis and/or an in-person consultation for a more comprehensive medical assessment before beginning any definitive treatment;
i. The Healthcare Services are intended to be provided to users in Singapore and the Healthcare Providers are not qualified/licensed to consult/treat users outside Singapore;
j. Camtech Health does not, and shall not be deemed to, direct or control the Healthcare Provider generally or in the Healthcare Provider’s performance under this Agreement specifically, including in connection with the Healthcare Provider’s provision of Healthcare Services or the Healthcare Provider’s acts or omissions;
k. Any opinions, advice or information expressed by the Healthcare Provider are those of the Healthcare Provider alone and they do not reflect the opinions of Camtech Health;
l. You shall comply with any advice by any Healthcare Provider to consult a doctor or other healthcare professional in person or seek emergency or other treatment;
m. You shall not record in any media your interactions with the Healthcare Providers through the Application;
n. You shall not conduct yourself in an inappropriate manner when interacting with the Healthcare Provider, or display/upload any inappropriate or medically-irrelevant images to the Application. Any such conduct may result in the termination of your Account and/or deletion of the images from the Application; and
o. You shall comply with Camtech Health’s Re-schedule / Cancellation terms set out in the Terms of Service.
5. YOUR ACCOUNT AND PASSWORD
5.1 In registering for an account on our Application, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.
5.4 You are responsible for all actions or activities that happen by, through or under your account, unless you report misuse.
6. YOUR RIGHTS
6.1 You retain your rights to any information or content you submit, post or display on or through the Application (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sub license) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to applicable provisions in our Privacy Policy.
6.2 You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.
6.3 You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.
7. OUR RIGHTS
7.1 All intellectual property rights subsisting in the Application or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Application in any way, or create any derivative works with respect to any such content or component.
7.2 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Application. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Application.
7.3 Our name “CAMTECH”, “CAMTECH HEALTH” and our marks and logos are our trademarks (be they registered or unregistered) and may not be used without our express prior written consent.
8. LIMITATION OF LIABILITIES
8.1 To the fullest extent permitted by law, we (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) expressly limit our liabilities in connection with or arising out of the provision of the Application as follows:
a. we provide the Application and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Application is at your own risk;
b. we give no assurance, representation or warranty of any kind (whether express or implied) about the Application and any products or services we provide;
c. we do not guarantee that the information or content you find on the Application is always accurate, truthful, complete and up-to-date;
d. we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
e. we are not responsible for any delay or disruption in our Application or any defect, viruses, bugs or errors;
f. we are not responsible for the conduct of or any content or information submitted or posted by any user of the Application (whether online or offline);
g. we are not responsible for any decisions you make based on the use of our Application and / or the information, recommendations, products or services on our Application including but not limited to whether or not you choose to seek professional medical care or treatment;
h. we are not responsible for any representations or warranties made by any third party with regard to our services; and
i. we are not responsible for any decisions made or actions taken by any third party as a result of your use of the Application, including the denial of any benefit or incentive, whether or not these decisions or actions are taken as a result of an error or omission in, or disruption of the Application.
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To the fullest extent permitted by law, Our Entities are not liable to you or others for:
a. any indirect, incidental, special, exemplary, consequential or punitive damages; or
b. any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Application or any products or services we offer.
8.3 We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Application or providing the products or services we offer.
8.4 If you are using the Application as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
8.5 Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Application or for any products or services we offer over the last three (3) months.
8.6 Our goal is to provide helpful and accurate information on the Application, but we make no endorsement, representation, or warranty of any kind about any contents of our Application. While we provide information about certain health and fitness related topics, our Application does not seek to provide any professional medical or treatment advice. If you rely on any of the contents of our Application, you do so at your own risk.
8.7 Camtech is not responsible for any health problems that may result from programs, consultations, products, or events you learn about or participate in through the Application. If you engage in any subscription or program you receive or learn about through the Application, you agree that you do so at your own risk and are voluntarily participating in these activities.
9. INDEMNITY
9.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (i) your use of our Application and/or (iii) any misrepresentation made by you.
9.2 You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Application or these terms.
9.3 Our Application from time to time may recommend, provide you access to, or enable third party software, products, Healthcare Services or website links (collectively, “Third Party Services”). In addition to these terms of use, you also agree to be bound by the additional service-specific terms applicable to services that are provided by these Third Party Services.
9.4 Any use by you of Third Party Services offered through our Application is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
9.5 We do not provide any warranties with respect to Third Party Services. You acknowledge that we have no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on our Application, or the integration or enabling of such Third Party Services on our Application does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us.
9.6 If you install or enable a Third Party Service for use with our Application, you grant us permission to allow the applicable Third Party Service provider to access your data and to take any other actions as required by the Third Party Service to be used with our Application, and any exchange of data or other interaction between you and the Third Party Service provider is solely between you and such Third Party Service provider. We are not responsible for any disclosure, modification or deletion of your data, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Service provider to your data.
9.7 Under no circumstances shall we be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or other damages whatsoever that result due to your use of Third Party Services or your contractual relationship with any Third Party Services provider. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
9.8 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from any claim or demand, arising out of your use of a Third Party Service.
10. TERMINATION
10.1 These terms will continue to apply until terminated by either you or us as follows:
a. User may terminate these Terms at any time by uninstalling the Application and destroying all copies of the Application in his/her possession.
b. Camtech may suspend or terminate these Terms at any time by giving User reasonable prior notice. Camtech need not, however, give User any notice where Camtech has serious grounds for considering that immediate termination is required, e.g.
i. if Camtech reasonably suspects fraudulent or unauthorized use of the Application;
ii. if the User is in serious or repeated breach of these terms (including the Acceptable User Policy) and has failed to remedy (iff remediable) within fourteen (14) days after notification the User to do so;
iii. if the user is using the Application in a manner that could cause a real risk of harm or loss to us, other users, or the public;
iv. we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or
v. if the provision of the Application to you is no longer possible or commercially viable.
10.2 Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
10.3 The termination of these Terms is without prejudice to the rights of Camtech accrued prior to termination. In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.
11. GENERAL
11.1 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Application. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Application.
11.2 The provisions of the Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of the Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.
11.3 You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
11.4 You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion.
11.5 No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
12. GOVERNING LAW AND JURISDICATION
These terms are governed by and shall be construed in accordance with the laws of the Republic of Singapore. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.
13. CONTACT DETAILS
CAMTECH HEALTH PTE LTD
5 Jalan Kilang Barat, #01-01 Petro Centre, Singapore, 159349