IT IS HEREBY AGREED as follows:
1. Definitions and interpretation
1.1 In these TOUs, unless the context otherwise requires:
“Affiliates” means, with respect to the Company, its subsidiaries and related corporations;
“Articles” has the meaning given to it in Clause 2.3(a);
“Health Practitioners” means doctors, traditional Chinese medicine practitioners, dieticians or other health and wellness practitioners;
“Information” means information posted on the Website, including but not limited to text, articles, graphics, images or other material contained, accessed or entered on the Website, whether or not by Health Practitioners or other Users;
“Intellectual Property Rights” means (whether registered or unregistered), all trade and other marks, designs, trade and business names, logos, graphics, photographs, images, product shots and all other forms of protection having a similar nature or effect in any part of the world;
“Parties” means the Company and the User;
“Personal Data” means data, whether true or not, about an individual who can be identified:
(a) from that data; or
(b) from that data and other information to which the Company has or is likely to have access; and/or
(c) any other personal data as defined under applicable laws;
“PDPA” means the Personal Data Protection Act 2012 of Singapore (No. 26 of 2012);
“Third Party Content” has the meaning given to it in Clause 5.2;
“Third Party Websites” has the meaning given to it in Clause 5.1;
“TCM” means traditional Chinese medicine;
“User” has the meaning given to it in Clause 2.1;
“User Content” has the meaning given to it in Clause 3.2; and
“Website” means [https://www.allthingshealth.com/en-my/].
1.2 In these TOUs, unless the context otherwise requires:
(a) references to “these TOUs” includes all amendments, additions, and variations thereto;
(b) words importing the singular include the plural and vice versa, words importing any gender include every gender, words importing persons include an individual, firm, partnership, trust, joint venture, company, corporation, body corporate, unincorporated body, association, organisation, any government, or state or any agency of a government or state, or any local or municipal authority or other governmental body (whether or not in each case having separate legal personality) and references to time shall mean Singapore time;
(c) references to Clauses, other provisions in these TOUs are references to clauses and other provisions of these TOUs;
(d) headings are for convenience of reference only and shall not affect the interpretation of these TOUs;
(e) references to writing shall include any mode of reproducing words in any legible form (including by any electronic means); and
(f) references to a “person” include any company, limited liability partnership, partnership, business trust or unincorporated association (whether or not having separate legal personality) and a company shall include any company, corporation or any body corporate, wherever incorporated.
2. Use of the website
2.1 The User will use the Website and its features only in relation to and in compliance with all applicable laws. The User will not use the Website and its features for any purposes not intended under these TOUs. The User will not deliberately use the Website and its features in any way that is unlawful or harmful to the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives, and/or any other users (each, a “User”, and collectively, the “Users”) and to the Information contained therein the Website.
2.2 The User acknowledges that the Website is intended to be an informative and educational platform only. The Company and the Website are not in the business of providing healthcare services or hospital services and are not purporting to offer any sort of medical advice or consultation.
2.3 The User may use the Website only to:
(a) read any articles contained therein (“Articles”) and post corresponding comments and/or questions relating to the Articles; and
(b) communicate with the Health Practitioners and other Users in relation to topics on TCM, healthcare and wellness.
2.4 The User will obtain all relevant consents and approvals (if required) prior to posting or providing any Information on the Website.
2.5 The User acknowledges that all Information available through the Website are obtained from third-party sources. The Company does not independently verify such Information. The User agrees to assume all responsibility in connection with the User’s use of such Information, features or services obtained through the Website.
2.6 The User understands that any comments and/or questions which other Users may post on the Website consist of statements of opinion and not statements of fact. Such statements do not represent any statement made by the Company. The User shall make reasonable efforts to obtain any additional information necessary to make an informed decision prior to acting on or following any statement made by other Users.
3. Role of the website and medical disclaimer
3.1 The role of the Website is limited to providing a platform for hosting information on topics relating to healthcare and wellness, and providing a platform for Users to read Articles and post corresponding comments and/or questions relating to the Articles.
3.2 The role of the Website is that of an intermediary platform. As such, the Company has no responsibility and / or liability in respect of the Information and interactions on the Website, including but not limited to any information provided by Health Practitioners, or any interactions between the Users (collectively the “User Content”). The Information is not a substitute for medical advice, diagnosis or treatment provided by a qualified doctor. Reliance on any information provided on the Website is solely at the User’s own risk. The Company does not accept any responsibility for any reliance by the User on the Information provided on the Website
3.3 The Company does not have the obligation to pre-screen, curate, moderate and/or monitor User Content and Information at any time. However, the Company may elect to remove any User Content and/or Information from the Website if it determines in its sole discretion that such User Content and/or Information are in violation of the Agreements or any applicable laws. Such actions do not in any manner negate or dilute the Company’s position as an intermediary or impose any liability on the Company with respect to User Content and Information.
3.4 In the event that the Company suspects any illegal, wrongful or fraudulent activity being carried out on the Website by any User, the Company reserves the right to inform the relevant law enforcement authorities. The User agrees to cooperate on all investigative procedures initiated by any such authority.
3.5 Any communication between the Users on the Website is for general informational purposes only, and any communication between the User and a Health Practitioner does not create a doctor-patient relationship as defined by law.
4. Responsible use of website
4.1 The User agrees to use the Website responsibly, including but not limited to a manner:
(a) which is not unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another User’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
(b) which does not infringe any Intellectual Property Rights;
(c) which does not impersonate any person or entity including but not limited to any official of the Company or host or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
(d) which does not unauthorizedly access any data, systems, networks including any attempt to prove, scan or test the vulnerability of a system or network;
(e) which does not monitor without authority data or traffic on any network system;
(f) which does not attach any viruses which could damage, interfere, intercept or expropriate any system or interfering with the service of any User, host or network;
(g) which does not circumvent any user authentication or security of any host, network or account (cracking or hacking); and
(h) which does not reproduce, duplicate, copy, resell, download or exploit for any commercial purpose or otherwise any parts of the Information contained in the Website.
4.2 By posting any Information on the Website, the User agrees that:
(a) the User should only post informational answers for educational purposes;
(b) the User is under no obligation to answer any submitted question by any other User or submit a comment to any other User;
(c) the User will not post advertisements on the Website and/or content that is for primarily promotional purposes; and
(d) the User will post Information only when the User reasonably believes that the Information is likely to be useful and/or educational to any other User.
5. Links to third-party websites
5.1 As a User, the User may be provided with links on the Website that direct the User to third party websites, applications, content or service providers, including advertisers and e-commerce websites, or any websites operated by the Company’s Affiliates (collectively the “Third Party Websites”).
5.2 The User acknowledges that the Company does not endorse any Third Party Websites that the User may be directed to from the Website, and that the Company has no editorial control or responsibility for all content, opinions, statements or other information expressed or made available by Third Party Websites (“Third Party Content”). The Company does not make any representations and warranties about the accuracy and/or reliability of any Third Party Content, and the Company does not represent or warrant that the User’s use of such Third Party Content displayed or referenced on the Website will not infringe rights of Third Party Websites not owned by or affiliated with the Company.
5.3 Links to such Third Party Websites are provided for the User’s convenience only. The User shall exercise independent judgment and prudence when accessing or using any Third Party Websites through a link which is available on the Website.
6. Intelectual property
6.1 Nothing in these TOUs gives the User any right in respect of the Company’s Intellectual Property Rights of any nature, or the goodwill derived from such Intellectual Property Rights. The title and interest of the Company’s Intellectual Property Rights shall remain vested in and owned by the Company at all times.
6.2 The User shall not reproduce, modify, create derivative works of, distribute, or publicly display the Information (whether in whole or in part and regardless of purpose) without the prior written consent of the Company, and subject always to the terms and conditions imposed by the Company in connection with the granting of such written consent.
7. No representation or warranty
7.1 While every effort has been made to ensure that the information provided on the Website is up to date and accurate, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives make no representation or warranty of any kind, either express or implied, as to the completeness, correctness, accuracy, suitability, reliability or otherwise of the Information in the Website for any purpose, all of which is provided “as is” and “as available”. The Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives do not warrant that the Website or the server that makes it available is free of any virus or other harmful elements.
7.2 To the fullest extent permitted by applicable laws, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives disclaim all warranties and obligations relating to the Website, including but not limited to all implied warranties and obligations of merchantability, quality, fitness for a particular purpose, title and non-infringement.
8.1 The User agrees to indemnify and hold harmless the Health Practitioners, the Company, its Affiliates and their respective directors, employees, agents, partners, principals and representatives from and against any third-party claims, loss, liability, demand, damages, costs and/or expenses, including, but not limited to, legal costs and disbursements arising out of or in connection with:
(a) Information the User posts or submits to or through the Website;
(b) the User’s use of the Website;
(c) the User’s conduct in connection with the Website or with other Users of the Website;
(d) the User’s breach or violation of these Agreements;
(e) the User’s infringement of any Intellectual Property Rights or other rights of any person or entity; and
(f) the User’s breach of any applicable laws in Singapore or the User’s jurisdiction (as applicable).
8.2 The Company will endeavour to notify the User of such claim, loss, liability, demand, damages, costs and/or expenses as soon as reasonably practicable and as far as reasonably possible. In addition, the User hereby agrees to provide the Company with reasonable assistance, at the User’s expense, in defending any such claim, loss, liability, damages, or cost.
9. Limitation of liability
9.1 The Company shall not be liable in any way to the User for any damage, loss (direct and indirect), harm and any consequential loss whatsoever, which may be incurred by the User in the use of the Website, unless such damage or loss is caused solely by the Company’s breach of these TOUs, or by the willful misconduct of the Company.
9.2 The User’s sole and exclusive remedy for any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these TOUs against the Company is to discontinue the User’s access and use of the Website.
9.3 Nothing in these TOUs shall be deemed to exclude or limit the User’s liability in respect of any indemnity given by the User under these TOUs.
10. No partnership or agency
Nothing in these TOUs is intended to, or shall be deemed to create any agency, joint venture or partnership between the User and the Company. Neither the User nor the Company has the right, power or authority to make any warranties or representations on behalf of the other party.
11.1 If any provision in these TOUs shall be held to be illegal, invalid or unenforceable, in whole or in part, the provisions shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the intention of the Company.
11.2 To the extent that it is not possible to delete or modify the provision, in whole or in part, under Clause 11.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these TOUs and the legality, validity and enforceability of the remainder of these TOUs shall, subject to any deletion or modification made under Clause 11.1, not be affected.
12. Remedies, waivers and amendments
12.1 No failure on the part of the Company to exercise, and no delay on its part in exercising, any right or remedy under these TOUs will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. The rights and remedies provided in these TOUs are cumulative and not exclusive of any rights or remedies provided by law.
12.2 The Company reserves the right to amend these TOUs at any time with or without notice.
13. Governing law and dispute resolution
13.1 These TOUs shall be governed by, and construed in accordance with, the laws of Singapore.
13.2 The Parties irrevocably submit to the exclusive jurisdiction of the Singapore courts to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these TOUs.