TERMS AND CONDITIONS
PLEASE READ THE TERMS AS HEREAFTER SET FORTH (THIS “AGREEMENT“) CAREFULLY BEFORE ENGAGING ANY SERVICE OR MAKING A BOOKING WITH KINGSTON MEDICAL GOUP (“THE COMPANY”) ON ANY OF ITS VARIOUS APPLICATIONS AND PLATFORMS
BY ENGAGING THE COMPANY’S SERVICES, MAKING ANY BOOKING AND/OR PAYMENT TO THE COMPANY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OTHER TERMS AND POLICIES THAT THE COMPANY HAS IN EFFECT FOR ALL USERS OF ITS VARIOUS PLATFORMS.
This Agreement is made between KINGSTON MEDICAL CLINIC PTE. LTD. (UEN: 202109528E) (“KMG“, “us“, “we” or “our” as the case may be) and you with respect to your use of our service and functionalities, features on any of our platforms, including but not limited to our website, software and applications or any third party software or applications that are used for the purpose of providing any service to you (“Platforms”). The Services may be provided by KMG, our related companies or partners. For the purposes of this Agreement, “partners” shall include: (a) suppliers or delivery service providers of products and (b) companies or groups of companies that are collaborating, or in an agreement with KMG. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE OUR SERVICES, PLEASE DO NOT PROCEED TO ENGAGE OUR SERVICES.
IMPORTANT: DO NOT USE OUR SERVICES FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or call the emergency medical services number immediately.
- ZOOM SOFTWARE / APPLICATION
1.1 You will need to have the Zoom software and/or application (“Zoom”) by Zoom Video Communications, Inc installed on your electronic device.
1.2 You shall comply with all security procedures applicable on Zoom, which we may introduce from time to time.
1.3 You shall, in your sole responsibility, maintain the confidentiality of your account information for Zoom (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party.
1.4 If you believe that the security of your account information has been compromised, you shall notify us immediately.
1.5 You will be required to be able to connect Zoom to a working camera on your electronic device or a working camera that is plugged into your electronic device.
1.6 You will be required to be able to connect Zoom to all audio functions of your electronic device. - SERVICES
(I) General
2.1 It shall be your sole responsibility, at your own cost:
2.1.1 to obtain all necessary hardware, software and communications services necessary for your use of the Application. Any network connectivity costs shall be born exclusively by you;
2.1.2 to take own steps to ensure the security of your Device; and
2.1.3 to make back-ups of data or other content posted via the Application, as these may be subsequently deleted by us or our service providers at any time without notice to you.
2.2 You agree that:
2.2.1 you are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory test results or diagnostic images furnished by you to KMG.
2.2.2 you are responsible for entering in the correct registration details. No refunds will be provided if you proceed with a transaction without the appropriate registration details;
2.2.3 you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred;
2.2.4 you shall comply with all applicable laws; and
2.2.5 we shall have the right to at any time and from time to time:
2.2.5.1 vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate Application Functions and/or user rights; and/or
2.2.5.2 deny or restrict access to the Application or any Application Functions whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever,
and in any such event, you agree that no claims shall lie against us, our related companies, our agents, our partners or our service providers in connection therewith.
(II) Video Supervision/Telehealth Services
2.3 KMG may offer various healthcare/telehealth services on the Platforms including, but not limited to Virtual Supervised Antigen Rapid Test (“VSA”).
2.4 If you are using the video supervision functionality, you acknowledge and agree that:
2.4.1 You may arrange and schedule video supervision sessions with us.
2.4.2 All requests for video supervisions shall be subject to our acceptance at our sole discretion.
2.4.3 KMG is a provider of the Platforms, and VSA service, and does not provide or engage in healthcare consultation services. Neither KMG nor any third parties who promote our services shall be liable for any healthcare advice you may obtain during the course of our services. KMG does not take on any duty of care to you;
2.4.4 You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video supervision, otherwise video and/or audio quality may suffer.
2.4.5 Once your request is accepted, you may need to provide your information to us, including your name, 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 us to verify your identity at the start of or at any time during the session. You acknowledge that you may be denied our services if you refuse to provide proof of identity or assume a false identity. KMG reserves the right to decline to accept any request for video supervision through any Platforms in its absolute discretion.
2.4.6 You shall not record in any media your interactions with us through any Platforms;
2.4.7 You shall not conduct yourself in an inappropriate manner when interacting with KMG, or display/upload any inappropriate irrelevant images to any Platforms.
2.4.8 You shall comply with KMG’s cancellation terms set out in clause 7 below.
(III) Website
2.5 KMG’s Website offers various healthcare-related products and services for purchase (“KMG Products”). KMG Products on the Website may be sold by third party vendors or KMG (“Service Providers”). If you are purchasing a service on the Website, the following terms shall apply:
(a) Placing of Orders
2.5.1 You may place an order by completing a booking or making an appointment with us by using any of out Platforms (“Orders”).
2.5.2 All Orders shall be subject to Service Providers acceptance in its sole discretion and each Order accepted by Service Providers shall constitute a separate agreement between Service Providers and you. You acknowledge that unless you receive a notice from Service Providers accepting your Order or arranging for an appointment, Service Providers shall not be party to any legally binding agreement with you for the sale of or other dealings with the KMG Products and accordingly Service Providers shall not be liable for any losses which may be incurred as a result. The Service Providers reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
(b) Prices of Products
2.5.3 The price of the KMG Products listed on the Website payable by you shall be the price as stated on the Platform (the “Product Price“).
2.5.4 All Product Prices of the KMG Products are subject to taxes, unless otherwise stated. We reserve the right to amend the Product Price at any time without giving any reason or prior notice.
(d) Risk and property of the KMG Products
2.5.5 KMG Products shall not pass to you until KMG has received in cleared funds payment in full of the price of the KMG Products and all other goods agreed to be sold by KMG to you for which payment is then due.
2.6 You acknowledge that:
2.6.1 While we endeavour to provide an accurate description of the KMG Products, we do not warrant that such description is accurate, current, or free from error;
2.6.2 KMG shall not be liable for any failure or delay in delivery of your purchased KMG Product howsoever caused;
2.6.3 The pricing or availability of the KMG Products may change at any time at KMG’s discretion. KMG shall not be responsible for any such changes; and
2.6.4 You shall pay the relevant fees for any KMG Products purchased, and abide by all applicable payment terms as may be made known to you on the Platform or by KMG.
3 PAYMENT
(I) General
3.1 You agree to pay all Fees (as defined below) to KMG in accordance with the Fees, charges, and billing terms in effect at the time the Fees are due and payable via credit card, PayNow or Bank Transfer.
3.2 We may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request.
3.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
3.4 By providing KMG with your credit card number and associated payment information, you agree that KMG is authorized to immediately invoice your credit card for all fees and charges due and payable to KMG hereunder and that no additional notice or consent is required.
3.5 For the avoidance of doubt, KMG’s determination of the Fees shall be final, conclusive and binding on you.
3.6 All Fees shall be paid in advance, are non-refundable save as permitted under applicable refund policies as may be notified to you, and you further agree to bear all taxes and other duties payable thereon.
3.7 We may use payment processing agents to process your payment of any Fees. When you provide us with your credit card details, you authorise us and/or our payment processing agents to charge your credit card account automatically upon the expiry of each payment period as applicable in relation to the Fees. If we cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your account.
4 CANCELLATIONS, EXCHANGES AND REFUNDS
4.1 Unless as otherwise determined by KMG in its sole discretion, no refunds will be given for any services (which is either completed or terminated by you), or KMG Products, missed appointments, or any other orders by you, once payment has been made by you via our Platform.
4.2 In respect VSA: In the event that you cancel a scheduled appointment or if you miss a scheduled appointment, you will be not be entitled to a refund of such fees already paid.
4.3 In respect of the purchase of any KMG Products on the Website:
4.3.1 such purchases successfully made through the Platforms are strictly not eligible for cancellation;
4.3.2 KMG Products purchased through the Website are also not eligible for exchange and are non-refundable. Any requests made for refunds/exchanges in the event that the purchased product or the service rendered failed to fulfil its description on the Website will be subject to KMG’s review on a case-by-case basis. The decision as to whether any refund/exchange should be allowed is in the sole discretion of KMG.
4.4 In the event you are entitled to any refund for any reason in respect of any products or services on the KMG Platforms, you agree that KMG will in its sole discretion credit the refund to the same credit card you have used for the initial purchase. We may require you to provide additional information prior to processing any refund and you agree to cooperate with us.
5 PRIVACY
5.1 In using the Application or Website or any services provided by us, KMG will need to collect your personal data in order to provide you with our Services or KMG Products. In providing us with your personal data, you consent to our collection, use, processing, and disclosure of your personal data in accordance with our Privacy Policy.
5.2 For the avoidance of doubt, the KMG Privacy Policy also applies to any data provided to KMG offline (whether in the KMG physical clinics, during health screenings/vaccinations or otherwise) in order for us to perform any services for your benefit.
5.3 KMG is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to us during VSA is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy.
5.4 Customers consent to the use of your personal data for marketing purposes, including but not limited to the use of your telephone number and email address, to contact you about the service and promotion that you have signed up for via telephone, SMS or email. Such consent will supersede any prior choices made by you. Such consent will also prevail even if you are registered or subsequently register your contact information with the national Do Not Call Registry.
6 DISCLAIMER OF WARRANTIES AND LIABILITY
6.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
6.1.1 we do not warrant or make any representations that the Website and/or Platforms is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. KMG disclaims any liability for, any use of the Website and/or Platforms for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) 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; (iv) any condition deemed during a video consultation via the Application to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
6.1.2 we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application;
6.1.3 the Website and/or Platforms (together with any Services, or other content, material or information available on the Website and/or Platforms) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of the Website and/or Platforms is at your own risk;
6.1.4 the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Platforms may be made public on the Website and/or Platforms, and read or intercepted by others;
6.1.5 KMG does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Platforms and/or the Platform Functions, whether express, implied or statutory, including but not limited to:
(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Platforms and/or the Platforms Functions;
(ii) the Website, Platforms and/or the Platforms Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website, Application and/or the Application Functions and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii) the Website, Platforms and/or the Platforms Functions and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties;
(iv) the Website, Platforms and/or the Platforms Functions being compatible or working with any third party software, applications or third party services; and
6.2 KMG and its partners are not liable for:
6.2.1 the potential and inherent risks associated with remote swab supervision through a Device, including without limitation: (i) the information transmitted by you may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;
6.2.2 any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of the Platforms or Services, performing any transactions, purchase, and/or obtaining and/or making any payment of any monies belonging to you;
6.2.3 any loss caused to or damage incurred or suffered by you or any person by reason of your erroneous, wrongful or fraudulent uploading of information by you to the Platform or the KMG for the purposes of your use of the Platform or the Services;
6.2.4 any loss, damage or liability which may arise in connection to Services offered or KMG Products. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from KMG’s liability;
6.2.5 for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
6.2.6 any suspension, discontinuation, upgrade or modification to the Platforms which may be carried out from time to time without giving any reason or prior notice to you which affects your use of the Services, Platforms and/or the Platforms Functions .
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 KMG’s negligence.
7 INDEMNITY
7.1 You agree to fully indemnify and hold harmless KMG, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees“) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Platforms; (b) your breach of this Agreement and any terms relating to your use of the Platforms; (c) your access or use of the Platforms; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person.
8 LIMITATION OF LIABILITY
8.1 To the maximum extent allowed under applicable law:
8.1.1 the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Website and/or Application, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Platforms or contained in or available from the Platforms or your use or reliance on any products or services available on or accessed via the Website and/or Platforms and/or the Platforms Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
8.1.2 in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platforms or any third party software or applications in conjunction with the Platforms, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages;
8.2 In the event that KMG is held liable, KMG shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by KMG’s gross negligence or wilful default.
9 TERMINATION
9.1 We have the right to terminate or suspend service to you in our sole and absolute discretion without prior notice to you, for any reason at any time. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you.
9.2 After such termination, KMG:
9.2.1 will have no further obligation to provide the Services;
9.2.2 subject to applicable law and the Privacy Policy, reserves the right to retain, delete or destroy all communications and materials posted or uploaded to the Platforms pursuant to its internal record retention and/or content destruction policies.
9.3 Upon termination, you will cease to use the Platforms immediately.
9.4 To the extent permitted by applicable law, the disclaimers, indemnities, limitations on liability, termination and your representations and warranties shall survive any termination of this Agreement.
10 FORCE MAJEURE
Neither KMG nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials.
11 GENERAL
11.1 This Agreement, the Privacy Policy and the documents in it, constitutes the entire agreement and understanding between you and KMG relating to the Platforms and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of KMG which is not set out in this Agreement. Nothing in this Agreement shall however operate to limit or exclude liability for fraud.
11.2 We may from time to time update these terms of this Agreement by posting amendments at the Website or on the Platforms. By your continuing use of the Website and/or Platforms after any such amendment, you agree to be bound by this Agreement as so amended.
11.3 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
11.4 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
11.5 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
11.6 KMG may give notice by means of a general notice on the Platforms, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in KMG’s records. You may only give notice to us in writing sent to our designated address or e-mail address.
11.6.1 Notices shall be deemed to have been duly given and received upon the expiration of 48 hours after mailing or posting (if sent by registered mail), 2 hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
11.6.2 This clause does not apply to notices issued in respect of legal proceedings.
11.7 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.
11.8 We reserve the right to delegate or sub-contract the performance of any of our Application Functions or Services or obligations to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.
11.9 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 these this Agreement to any affiliate or third party at our sole discretion.
11.10 Save for the related companies of KMG, partners of KMG and as expressly provided in this Agreement including without limitation as referred to in Clause 10, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore). Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
11.11 In the event that this Agreement is executed or translated in any language other than English, to the extent allowed under law, the English language version of this Agreement shall govern and shall take precedence over the foreign language version.
12 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, and construed in accordance with, the laws 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.
