Terms and Conditions for Use of Maizal Care
Last modified: 12 September 2017
Important – please read these terms and conditions carefully. By using the Application (as defined below), you agree that you have read, understood, accepted, and agreed to the Terms and Conditions. You further agree to the representations made by yourself below. If you do not agree to the Terms and Conditions of the Application and wish to discontinue using the Application, please do not continue using the Application (as defined below).
The Terms and Conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you (the “User”) and Maizal Pte Ltd (BRN 201618518E) (the “Company”). In order to use the Application you must agree to the Terms and Conditions that are set out below. By using the mobile application supplied to you by the Company (the “Application”), and downloading, installing or using any associated software and hardware supplied by the Company which overall purpose is for monitoring of health, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to the Terms and Conditions as published from time to time at http://www.maizal.com.sg or through the Application.
The Company reserves the right to modify, vary and change the Terms and Conditions or its policies relating to the Application at any time as it deems fit. Such modifications, variations and or changes to the Terms and Conditions or its policies relating to the Application shall be effective upon the posting of an updated version at http://www.maizal.com.sg. You agree that it shall be your responsibility to review the Terms and Conditions regularly whereupon the continued use of the Application after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of such changes.
1. REPRESENTATIONS and WARRANTIES. By using the Application, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms and Conditions. By using the Application, you further represent and warrant that you have the right, authority and capacity to use the Application and to abide by the Terms and Conditions. You further confirm that all the information which you provide shall be true and accurate. Your use of the Application is for your own personal use or on related person under care where the Application is used to monitor the health of the related person under care. When using the Application, you agree to comply with all applicable laws.
You may only access the Application using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. The Company reserves the right not to permit you to use the Application should you use the Application with an incompatible or unauthorized device or for purposes other than which the the Application is intended to be used.
By using the Application, you agree that:
- You will only use the Application for lawful purposes;
- You will only use the Application for the purpose for which it is intended to be used;
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application to cause nuisance, annoyance,
inconvenience or create false alerts;
- You will not use the Application for purposes other than for monitoring of health for yourself or your related party under care.
- You will not impair the proper operation of the network;
- You will not try to harm the Application in any way whatsoever;
- You will not copy, or distribute the Application or other content without written permission from the Company;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You agree to provide accurate, current and complete information as required for the Application and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Application at any time with or without notice;
- You shall not impair or circumvent the proper operation of the network which the Application operates on;
- You agree that the Application is provided on a reasonable effort basis; and
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third-party service provider, the Company or any third party as a result of any breach of the Terms and Conditions.
2. PURPOSE. This Application is provided as a means for easy monitoring of health vital signs using accompanying hardware. This Application is also provided for the monitoring of other health relevant parameters. This Application further allows for remote access to the parameters under monitoring of users of the Application who are linked in the Application. This Application does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. The accompanying hardware devices, while CE certified and FDA approved, are meant only for the purpose of personal health monitoring. They are NOT intended as medical devices used for a clinical purpose. THIS APPLICATION AND THE ACCOMPANYING HARDWARE DEVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF PROFESSIONAL PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. This application is also not a substitute FOR regular health check-ups by performed by qualified health care professional. ALWAYS SEEK THE ADVICE OF PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL SYMPTOM OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING ONE.
4. USER DATA PRIVACY. To use our Applications, you or your linked user must be approved by a Provider who uses Maizal care software. You understand that your User Data may be accessed and viewed by the Provider.
The Application automatically collects certain non-identifiable information regarding Application users (NII), including but not limited to geographic location, health tracking data other non-personally identifiable information. The Company may use your NII to monitor Application user trends, demographics, and to improve the Application services and usability. The Company may also aggregate NII to create reports that may be shared with third parties.
To use the Application, you will be asked to create an account protected by username and password. You will be asked to provide your email address as your username and a password of your choosing. You may also be assigned a username and password which can later be changed. You may also create an account through your personal Facebook or Google+ accounts. Also, during your use of the Application, you may be asked to provide certain Personal Information including but not limited to your gender, date of birth, address, NRIC/Passport number and other data. Your Personal Identifiable Information (PII) is stored by the Application into your Android Smartphone and/or on the Company’s hosted Server. It is your duty to ensure that the password used is not shared with any other parties and cannot easily be guessed. Other than your approving Provider, the Company will not share your PII with any third party together with your NII. The Company may share your PII or NII individually with a third party.
The Application employs a variety of technical safeguards to protect the confidentiality, integrity, and availability of your PII including supporting Secure Sockets Layer (SSL) certificate technology and encryption. Nevertheless, due to the nature of the Internet and Internet technologies, security and privacy risks cannot be fully eliminated and the Company cannot fully guarantee that your PII will not be accessed in ways not otherwise contemplated in this Terms and Conditions.
5. LICENSE GRANT & RESTRICTIONS. The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application, solely for your own personal, non-commercial purposes, subject to the Terms and Conditions herein. All rights not expressly granted to you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based on the Application; (iii) create internet “links” to the Application or “frame” or “mirror” the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Application.
You may use the Application only for your personal, non-commercial purposes and shall not use the Application to: (i) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (iii) attempt to gain unauthorized access to the Application or its related systems or networks.
6. INTELLECTUAL PROPERTY OWNERSHIP. The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application. The Terms and Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Application, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Application, the Software and/or the Application and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
7. INDEMNIFICATION. By agreeing to the Terms and Conditions upon using the Application, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use or misuse of the Application or (b) your violation or breach of any of the Terms and Conditions or any applicable law or regulation, whether or not referenced herein.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATIFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (THE “APPLICATION SERVICES”) ARE PROVIDED “AS IS” AND “AS “AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REPSECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STAUTTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AUTHORIZED REPRESENTATIVE, OR YOUR PROVIDER SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
9. LIMITATION ON LIABILITY. THE COMPANY, ITS AFFILIATES, AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICATION, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION AND APPLICATION SERVICES IS TO STOP USING THE APPLICATION AND/OR THOSE SERVICES.
10. CHANGES AND UPDATES. Company may revise the information in this Application, or otherwise change or update the Application including these Terms and Conditions, without notice to you. Company may also make improvements and/or changes in services and functionalities or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of this Application will signify your continued agreement to these Terms and Conditions as they may be revised.
11. ASSIGNMENT. This Agreement as constituted by the Terms and Conditions as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
12. GENERAL. This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Application shall be subject to the exclusive jurisdiction of the courts of Singapore to which you hereby agree to submit to.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
The failure of the Company to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms and Conditions comprise the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party provider under this Agreement.