IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Last updated: 15th July 2022
ABOUT THE APP AND US
The MyHealth360 application and any associated website (together with any of the Services made available through such application or website) (collectively referred to as the "App") is a general information and self-management tool for you to manage and consolidate your health data and medical records as well as to interact and share your data with a wide range of third-party Service Providers. The App enables you to have a comprehensive view of your health information in one centralised place and to easily search for, and connect with, Service Providers of your choice.
While we make available certain general health-related information on the App and provide technical support to enable you to connect with the Healthcare Service Providers, through the Telemedicine Function, the appointment booking function and other functions we may make available from time to time, this App is not a licensed medical device itself and our Services do not include any kind of licensed medical services, medical assistance or diagnosis. The content and information made available in the App is of a general nature, provided for information only, and should not be treated as a substitute for professional medical advice, diagnosis, or treatment by a qualified healthcare practitioner. Services provided by Service Providers, including Healthcare Service Providers, are independent from the Services of the App and are outside of our control.
The App is owned and operated by Parkway Group Healthcare Pte. Ltd., an IHH Healthcare Company, registered in Singapore (registered number 199303778C) and our registered office is at 1 Harbourfront Place, #03-02, Harbourfront Tower One, Singapore, 098633 (referred to as "Parkway", "We", "Us" and "Our").
1. USE AND ACCESS TO THE APP
1.1 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the App. This licence is provided solely for your personal, non-commercial use and enjoyment of the App as permitted in these Terms. No licences or rights are granted to you by implication or otherwise in respect of any intellectual property rights owned or controlled by us or our licensors, except for the licences and rights expressly granted in these Terms.
1.2 By accessing or using the App, you agree that you will:
- not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the App or any portion thereof (including any third-party software), except as expressly permitted in these Terms;
- not and will not attempt to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App;
- not use the App to create any software that is substantially similar to the App; or
- not merge the App or any part of it, or allow it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms.
1.3 By accessing or using the App, you further agree that you will:
- comply with all Applicable Law in your use of the App;
- not use the App in any fraudulent or malicious manner, for any unlawful purpose, in any manner inconsistent with these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App;
- not use the App in a way that could damage, disable, overburden, compromise our systems, databases, servers or security or interfere with other users; and
- not collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the App.
1.4 We do not guarantee uninterrupted operation of the App. We will not be liable if your access to the App is delayed or unavailable for any period. We therefore recommend that you do not use the App as your only means of accessing your medical records.
1.5 To the extent permitted by Applicable Law, we may at any time and for any reason at our sole discretion change, suspend, or discontinue the Services, any of the content included in the App, and/or your access to part or all of the Services, without notice or liability to you.
1.6 Full use of the App is dependent upon your use of a computer with adequate software and/or a supported mobile device, in each case with Internet access. It is your responsibility to ensure that you have the required up-to-date software necessary to run the App. The maintenance and security of your computer and/or mobile device (and related operating systems and other software) used to access the App may influence the performance of the App and is your responsibility.
1.7 Data download charges may apply to any download of the App, any upgrades of the App and your ongoing access to and use of the App. You are responsible for all such charges.
2. PURPOSE AND USAGE OF INFORMATION IN THE APP
2.1 The information, recommendations and/or Services provided to you by the App are for general information purposes only. They do not constitute medical advice and do not create a licensed medical professional/patient relationship between you and us. You should always consult your doctor and obtain professional medical advice when considering or interpreting the information provided in the App. The Telemedicine Function of the App may enable you to interact and consult directly with a licensed medical practitioner, in which case any information, advice, recommendations and/or reports you receive will be provided to you directly by the relevant Healthcare Service Provider and not by the App or by us.
2.2 We do not accept any responsibility for any reliance by you on the information provided in the App. You should never disregard or delay in seeking professional medical advice because of something you read, view or access in the App. Further, you should not use the App in the case of a medical emergency, in which case you should contact the appropriate emergency services in your jurisdiction or go to an appropriate medical facility.
2.3 Although we make reasonable efforts to update the generic health information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information available on the App is accurate, complete or up to date.
3. YOUR OBLIGATIONS WITH RESPECT TO USER CONTRIBUTED DATA
3.1 The App may permit you to submit certain data to us through the App:
- upload data to your Account such as your height, weight, medical history and other information relating to your health;
- request, via the App, Service Providers to upload data relating to you they hold, to your Account;
- request and allow the App to receive information from third-party applications; and/or
- provide feedback to us,
(collectively referred to as "User Contributed Data")
3.2 In addition, you may, through the App, share your User Contributed Data with one or more Service Providers and/or other Users you may have designated, such as trusted family and friends. When providing your consent, you can decide which of your User Contributed Data is shared with each Service Provider and/or User and through which channels, which may include through the App itself or by email or third-party messaging services, such as WhatsApp, if enabled by the App. Once you authorise sharing, the data you choose to share will become accessible and/or downloadable by the Service Providers and Users you have identified, through the channels of your choice. Any data you choose to share with a Service Provider will be subject to, and treated in accordance with, that Service Provider's terms, privacy and security policies and procedures. You acknowledge and agree that we cannot be held responsible or in any way liable for how any Service Provider or other User uses the User Contributed Data that you make available via the App.
3.3 You represent and warrant in respect of User Contributed Data that:
- it will not: (a) infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances;
- you have the necessary rights, licenses, consents, and permissions to submit, use and authorise us and the third parties you intend to share data with (if applicable) to use the User Contributed Data; and
- all the User Contributed Data (whether at the time of submission or posting or subsequent thereto) is true and accurate to the best of your knowledge and that you will keep the data up-to-date.
3.4 You further agree not to: (a) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (b) use or attempt to use another user's Account without authorisation, or impersonate any person or entity; (c) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (d) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (e) use the App in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the App, or which may expose us or our users to any harm or liability of any type.
3.5 You shall bear full responsibility for User Contributed Data and any consequences associated with using, editing, submitting, uploading and sharing User Contributed Data with any third parties via the App. We are not responsible for the availability of or any inaccuracies, errors or omissions in any User Contributed Data.
3.7 We reserve the right to edit, block, remove or delete User Contributed Data on the App for any reason at any time without prior notice.
4. USE OF DATA
5. YOUR INTERACTION WITH SERVICE PROVIDERS
5.1 You acknowledge and agree that the Services we provided through this App do not include any healthcare, medical or diagnostic services. Instead, we act as a facilitator, providing technical support, to enable you and the Service Providers to interact with each other through the App. You acknowledge and agree that we shall have no liability for, and you shall not hold us responsible for, any outcome, consequence or issues arising from your interactions with the Service Providers via the App.
5.2 The results of any search you perform on the App should not be construed as an endorsement or recommendation by the App of any Service Provider that appears in the results. Your decision to engage with a Service Provider via the App shall be made at your own risk and shall be based on your own judgment. We cannot guarantee and are not responsible for the quality of the services (including medical services) provided by any Service Provider.
6. ACCOUNT AND SECURITY
6.1 When you register with us, you will be asked to create an Account. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your login details including usernames and password and shall be liable for any loss that you may incur as a result of a third party using your Account, with or without your knowledge. You agree to take reasonable measures and all due care to protect your Account against misuse by third parties.
6.2 If you know or suspect that your username or passcode have become known to anyone other than you, you must contact us immediately. We shall not be liable for any unauthorised transactions or activity on your Account or any losses incurred as a result of a third party accessing your Account in any event.
7. GEOGRAPHIC RESTRICTIONS
8. MEMBERSHIP, FEES AND PAYMENT
8.1 We offer a free membership tier and, in the future, we may also offer different tiers of paid membership of the App, the details of which may be released and updated by us from time to time.
8.2 If you subscribe for any paid membership tier, you shall pay us the fees ("Subscription Fees") for that tier. Subscription Fees will normally be payable on a monthly basis. We may also offer an annual subscription.
8.3 Your subscription will be automatically renewed at the end of each subscription month (if you pay monthly) or subscription year (if you pay annually), until terminated by us or you according to these Terms.
8.4 By providing payment details to us and subscribing to the membership, you confirm that you are authorised to use the payment method you have specified and authorise us to take payment in full for the Subscription Fees.
8.5 If your payment defaults, your subscription will be cancelled and/or your Account will be suspended, and you may not be able to access the App or any data you may have uploaded to it. Where reasonably possible, we will notify you if your payment defaults and provide you with an opportunity to make payment by another means.
8.6 We may change the Subscription Fees for any membership tier at any time, in which case we will give you thirty (30) days' notice of the change. No change will take effect until the expiry of your current subscription period and if you do not agree to pay the revised Subscription Fees you can terminate your subscription at any time before the end of the notice period or the end of your current subscription period.
8.7 You can change your subscription to a lower or higher membership tier with effect from the end of the current subscription period. You may cancel your subscription at any time and your cancellation will take effect at the end of your current subscription period. You must cancel your subscription before the subscription period renews (i.before the last day of subscription month for monthly payments and or subscription year for annual payments) in order to avoid paying Subscription Fees for the next subscription period.
9.1 Subject to Applicable Law, we reserve the right to terminate, suspend or restrict your access to part or all of the App for any reason at any time and in our sole discretion, without notice or liability to you.
9.2 If we temporarily suspend, indefinitely suspend or terminate your Account, you may not continue to use the App using the same Account for the relevant period. Upon termination, you will no longer have access to any User Contributed Data stored in the App. We are not responsible for maintaining a backup of User Contributed Data after termination. We recommend that you keep a back-up copy of User Contributed Data at all times.
9.3 You are entitled to terminate the Terms at any time by deleting your Account.
10. MODIFICATIONS TO THESE TERMS
10.1 We may revise these Terms at our sole discretion and at any time without notice or liability to you.
10.2 We may modify or discontinue any features, services, tools, directories or content that form part of the App at our sole discretion and at any time without notice or liability to you.
11. UPDATE TO THE APP
11.1 From time to time, we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues, or any other reason. Alternatively, we may ask you to download updates of the App made available by us.
11.2 If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.
12. INTELLECTUAL PROPERTY
12.1 "MyHealth360 Content" includes any photos, images, graphics, video, audio, data, text, music, comments, software, source code, pages, documents, trademarks, names, logos, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services.
12.2 MyHealth360 Content, the Services, and their underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Singapore and foreign countries. MyHealth360 Content is used by us and we reserve all rights not expressly set out in these Terms.
12.3 You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App. Our logos and any other trademarks that may appear in the App, and the overall look and feel of the Services delivered by the App, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned in the App are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
13.1 To the fullest extent permitted by Applicable Law, we exclude all conditions, warranties, representations or other terms which may apply to the App, whether express or implied.
13.2 We make no warranties that the App is free of infection by computer viruses or other unauthorised software.
13.3 We do not give any representations, warranties, guarantees, or any other commitments, or accept any liability, to you in respect of any User Contributed Data.
14. LIMITATION OF LIABILITY
14.1 NEITHER PARKWAY, ITS AFFILIATES, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR ANY SERVICES THROUGH THE APP (INCLUDING ANY SERVICE PROVIDERS) WILL BE LIABLE FOR: (i) ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (ii) LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP OR ANY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE AND REGARDLESS WHETHER PARKWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.2 For the avoidance of doubt, we exclude (without limitation) any liability that arises from or in connection with:
- any inaccuracy or incompleteness in, or errors or omissions in the information made available by the App;
- you using, visiting or relying on any information in the App;
- any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software;
- any deficient or inappropriate services being provided by any Service Provider;
- any deficient or inappropriate medication, treatment or services (including medical negligence) being provided by any Healthcare Service Provider;
- any inconvenience or losses suffered by you due to the failure of the Service Providers to provide agreed services at the appointed time;
- cancellation or rescheduling of any booked appointment;
- any adverse effect that might arise subsequent to using the services of the Service Provider, whether or not you have selected on the basis of the information available on the App and/or with whom you have established a connection and/or made any appointment through the App; or
- any error in the medical reports provided by any Healthcare Service Provider.
14.3 To the fullest extent permitted by Applicable Law, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the App.
14.4 Notwithstanding anything to the contrary, there shall be no limitation of liability with respect to losses arising out of:
- losses or damages occasioned by fraud, wilful misconduct, or gross negligence of you and/or us;
- losses or damages attributable to death or personal injury; and
- any other liability which may not otherwise by limited or excluded under Applicable Law.
14.5 Our maximum liability to you under these Terms shall not exceed, in the aggregate, SGD 100 or the amount paid by you to us in the twelve (12) months preceding the incident giving rise to such liability, whichever is higher.
15.1 To the fullest extent permitted by Applicable Law, you agree to indemnify and hold us, our affiliates, our directors, officers, employees, agents, contractors and licensors of us and the directors, officers, employees, agents, contractors and licensors of our affiliates harmless in respect of any suits, actions, demands, disputes, allegations, investigations liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers' fees brought by any person (including yourself), any third party, governmental authority or industry body, arising out of and/or in any way connection with the App, including but not limited to the following: (i) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, including the permitted usage restrictions set out in Clause 1; (ii) your wrongful or unlawful use of the App; (iii) any User Contributed Data provided by you; (iv) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred; (v) your violation of any law or the rights of a third party; (vi) your access to or use of the Services; and (vii) your use of and/or reliance upon any information made available to you in the App.
15.2 We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
16.1 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. GENERAL TERMS
17.2 If the terms of these Terms shall in whole or in part be held to be illegal or unenforceable to any extent under any enactment or rule of law, that condition or part shall to that extent be deemed not to form part of these Terms and the enforceability of the remainder of the conditions shall not be affected.
17.3 The performance of any obligation hereunder may not be assigned, delegated or otherwise transferred by you. We may subcontract all or part of the work to be performed under these Terms to a third party.
17.4 The electronic records relating to the Services and User Contributed Data kept and/or maintained by us shall be conclusive evidence of the contents thereof. You hereby agree to the admission as evidence in any court in Singapore of,
- these Terms in the form of an electronic record; or
- any electronic record evidencing or relating to your User Contributed Data, the App or the services, maintained or kept by us and any part, copy or computer output thereof, as an original document, and you further agree not to challenge or dispute the admissibility, authenticity or accuracy of such electronic records or computer output thereof.
17.5 These Terms are not intended to benefit and/or confer any rights or benefits to anyone else other than you and us.
17.6 You can contact us through the App or at the following email address: Myhealth360sgsupport@ihhhealthcare.com. We will communicate with you by email or via the App.
17.7 These Terms shall be interpreted and enforced in accordance with Singapore law and the parties hereby consent to submit to the non-exclusive jurisdiction of the Singapore courts.
For purposes of these Terms, the following terms have the following meanings:
"Account" means the account created by the User on the App for availing the Services provided or facilitated by us;
"Applicable Law" means any: (a) statute, directive, order, enactment, regulation, bylaw, ordinance or subordinate legislation in force from time to time; (b) binding court order, judgment or decree; (c) the common law and the law of equity; and (d) any applicable direction, statement of practice, policy, rule or order set out by a regulator;
"Healthcare Service Provider" means a Service Provider that is a regulated healthcare service provider in the relevant jurisdiction;
"Service Provider" means a third party authorised to provide services via the App, including a Healthcare Service Provider;
"Services" means various categories of services made available to Users through the App, including but not limited to:
(a) Medical record and information storage services: serving as a medical record and information storage and management platform, that can receive and store information and records uploaded by the Users and Service
Providers and, at the direction and with the consent of the User, share information or records with Service Providers and other Users through the channels of your choice;
(b) Medical reference and health-checker services: providing access to medical and health reference information and suggesting possible relevant conditions based on symptom descriptions (such checks are not intended
to amount to medical advice or any formal diagnoses);
(c) Registration and booking services: enabling Users to search for Service Provider and register and book appointments with Service Providers and receive follow-up communications, information and records;
(d) Telemedicine Function: supporting video consultation connections between Users and Service Providers through their representatives;
(e) Invoicing services: enabling Service Providers to issue invoices to Users and Users to pay invoices; and
(f) Health management services: providing structured health management services tailored to Users based on their profile information, medical records and App usage;
"Telemedicine Function" means the functionality of the App that enables you to interact via the App for the purposes of consulting with a Healthcare Service Provider, which may include consultations with a licensed medical practitioner; and
"You" or "User" means an individual user of the App who utilises the Services provided through the App.