This Agreement is made between Medical Channel Asia, a platform owned by Stratgeist PTE LTD (UEN: 201705531M) (“Medical Channel Asia“, “us“, “we” or “our” as the case may be) and you (collectively the “Parties”) with respect to your use of the Platforms and any functionalities, services or features offered via or in connection with the Platforms, and references in this Agreement to the use of any of the Platforms extend to the use of such functionalities, services or features as well. The Services may be provided by Medical Channel Asia, our related companies, Healthcare Providers on Medical Channel Asia’s panel or partners. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THE PLATFORMS, PLEASE DO NOT USE THE SAME.
IMPORTANT: DO NOT USE THE VIDEO CONSULTATION FUNCTIONALITY ON THE APPLICATION 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.
1.1 You will need to have an account in order to access the Services via the Platforms. You may sign up for an account on the Platform. The registration process requires you to provide your personal information, including your name, ID/passport number, policy number, MCAte of birth, address, telephone number, email address, and/or such other information as may be required by us.
1.2 You shall comply with all security procedures applicable to the Platforms which we may introduce from time to time.
1.3 You shall, in your sole responsibility, maintain the confidentiality of your account information for the Platforms (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorized 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 By signing up for an account via the Platforms, you represent and warrant that:
1.5.1 you are at least 18 years of age. If you are below 18 years old, you must obtain consent from your parent(s) or legal guardian(s). By continuing to use the Platforms (thereby agreeing to this Agreement), your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Application; (ii) any charges associated with your use of any of the Application; and (iii) your compliance with this Agreement. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Application immediately;
1.5.2 you have the full right, power, and legal authority to enter into this Agreement;
1.5.3 all information, data, and particulars that you provide is complete, accurate, true and correct; and
1.5.4 you will use the Platforms for your personal use only and you will not authorize other persons to use your account nor transfer or assign it to any other person (except accounts established for children of whom you are the parent or legal guardian or geriatrics, as described below).
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your registration if you fail to fulfill any one of the eligibility criteria above; (ii) suspend/terminate your account under the Application; and/or (iii) change the above eligibility criteria at any time.
1.6 If you are using the Services on behalf of a minor, you must be present during any video or physical consultation with the minor. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of products for the minor. You are assuming the obligations of this Agreement as they relate to the minor.
1.7 If you are using the Services on behalf of a geriatrician with special needs, including but not limited to vision and hearing difficulties, you must be present during any video or physical consultation with the geriatrician. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of products for the geriatric. You are assuming the obligations of this Agreement as they relate to the geriatric.
2.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-sublicensable, and non-exclusive license to use the Website and/or Application on the Device for the purpose of obtaining the Services. All other rights not expressly granted to you are reserved by Medical Channel Asia.
2.2 Access to some software components used in the Website and/or Application may be offered under third-party licenses that we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
2.3 Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorize, allow or assist any third party to):
2.3.1 Modify or adapt the whole or any part of the Website and/or Application, or permit the Website and/or Application or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
2.3.2 Disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code of the Website and/or Application or any components thereof;
2.3.3 communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense, or create derivative works or adaptations based on the whole or any part of the Website and/or Application;
2.3.4 use the Website and/or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or contravention of any applicable laws, including infringement of our intellectual property rights or those of any third party in relation to the Application;
2.3.5 use the Website and/or Application in a way that could MCAmage, disable, impair, or compromise the Application (or the systems or security of the Website and/or Application or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Website and/or Application and/or Medical Channel Asia;
2.3.6 post or transmit any file or email which contains viruses, worms, Trojan horses, or any other MCAmaging or destructive elements;
2.3.7 use any automated process or service to access and/or use the Website and/or Application; and/or
2.3.8 provide, distribute or share, or enable the provision, distribution or sharing of, the Website and/or Application (or any data associated therewith) with any third party.
(I) General
3.1 It shall be your sole responsibility, at your own cost:
3.1.1 to obtain all necessary hardware, software and communications services necessary for your use of the platform. Any network connectivity costs shall be born exclusively by you;
3.1.2 to take own steps to ensure the security of your Device; and
3.1.3 to make back-ups of data or other content posted via the platform, as these may be subsequently deleted by us or our service providers at any time without notice to you.
3.2 You agree that:
3.2.1 you are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory test results or diagnostic images furnished by you to Medical Channel Asia and/or the Healthcare Provider;
3.2.2 you are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration details;
3.2.3 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;
3.2.4 the licenses granted herein do not confer on you any rights to use any other intellectual property rights of Medical Channel Asia, our affiliates, partners and/or licensors (as the case may be), including “Medical Channel Asia”, the Medical Channel Asia logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platforms, all of which are and remain the property of Medical Channel Asia, our affiliates, partners and/or licensors (as the case may be);
3.2.5 you shall comply with all applicable laws; and
3.2.6 we shall have the right to at any time and from time to time:
3.2.6.1 automatically update the Platform and its components on your Device, add or remove functionalities, features or services;
3.2.6.2 vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate Platform Functions and/or user rights; and/or
3.2.6.3 Deny or restrict access to the Platform or any Platform 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 Consultation/Telehealth Services
3.3 Medical Channel Asia may offer various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”).
3.4 If you are using the video consultation functionality, you acknowledge and agree that:
3.4.1 You may arrange and schedule video consultations with providers who deliver the Healthcare Services (“Healthcare Providers”);
3.4.2 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 Medical Channel Asia nor our affiliates are a party to;
3.4.3 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 license;
3.4.4 Medical Channel Asia is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Neither Medical Channel Asia 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 the Website or Application. Medical Channel Asia does not take on any duty of care to you;
3.4.5 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;
3.4.6 Once your request is accepted, the Platform 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 to accept any request for video consultation through the Platform in its absolute discretion;
3.4.7 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;
3.4.8 In the case of the “Parkway Specialists” video consultation functionality, 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;
3.4.9 Medical Channel Asia 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;
3.4.10 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 Medical Channel Asia;
3.4.11 You are responsible for the correctness and accuracy of the particulars, statements and images including your symptoms, health history, photographs, laboratory test results or diagnostic images furnished/uploaded by you to the Healthcare Provider;
3.4.12 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;
3.4.13 You shall (i) comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; (ii) promptly report any side effects of any prescription to a doctor; (iii) check the labels of the medication prescribed to verify the medication matches the prescription before consuming the medication delivered; (iv) protect anything prescribed to you and not permit any other person access to the prescribed medication; and (v) not use any prescription after its expiry date;
3.4.14 Upon the completion of the Healthcare Services, we will issue a receipt to you via email or in such other manner as determined by us on the Healthcare Provider’s behalf;
3.4.15 You shall not record in any media your interactions with the Healthcare Providers through the Application;
3.4.16 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
3.4.17 You shall comply with Medical Channel Asia’s cancellation terms set out in clause 7 below.
(III) Fees and Website
3.5 Medical Channel Asia’s Website may offer healthcare-related services via the platform. These services may be sold by third-party vendors or Medical Channel Asia.
(a) Placing of Orders (if any)
3.5.1 You may place an order by completing the order form on the Platform and clicking “Confirm Purchase” or “Purchase” (“Order“).
3.5.2 All Orders shall be subject to Marketplace Providers’ acceptance in its sole discretion and each Order accepted by Marketplace Providers shall constitute a separate agreement between Marketplace Provider and you. You acknowledge that unless you receive a notice from Marketplace Provider accepting your Order or arranging for an appointment, Marketplace Providers shall not be a party to any legally binding agreement with you for the sale of or other dealings with the Healthcare Product and accordingly Marketplace Providers shall not be liable for any losses which may be incurred as a result. The Marketplace Provider reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
(b) Healthcare Products requiring Consultation
In the event a Healthcare Product requires a prescription from a doctor, you will be redirected to the video consultation platform of the Application for a consultation with a doctor, which is subject to separate consultation fees. You will not be able to purchase such Healthcare Products without a prescription from the doctor.
3.5.3 Notwithstanding delivery and the passing of risk in the Healthcare Products or any other provision of this Agreement, the Healthcare Products shall not pass to you until Medical Channel Asia has received in cleared funds payment in full of the price of the Healthcare Products and all other goods agreed to be sold by Medical Channel Asia to you for which payment is then due.
3.5.4 Until such time as the property in the Healthcare Products passes to you:
3.5.4.1 you shall hold the Healthcare Products as Medical Channel Asia’s fiduciary agent and bailee and shall keep the Healthcare Products separate from those of yours;
3.5.4.2 Medical Channel Asia shall be entitled at any time to demand you to deliver up the Healthcare Products to Medical Channel Asia and in the event of non-compliance Medical Channel Asia reserves its right to take legal action against you for the delivery up of the Healthcare Products and seek damages and all other costs including but not limited to legal fees against you; and/or
3.5.4.3 you shall not pledge or in any way charge by way of security for any indebtedness of any of the Healthcare Products which remain the property of Medical Channel Asia and if you do so, all money owing by you to Medical Channel Asia shall (without prejudice to any other right or remedy of Medical Channel Asia) forthwith become due and payable.
3.6 You acknowledge that:
3.6.1 While we endeavor to provide an accurate description of the Healthcare Products, we do not warrant that such description is accurate, current, or free from error;
(d) Restricted Activities
4.7 In connection with your use of your MCA Patient Account, you shall not:
4.7.1 Provide false, inaccurate or misleading information;
4.7.2 Use MCA Pay for any illegal activities;
4.7.3 Use MCA Pay in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the card system or a violation of card association or network rules; or
4.7.4 Breach this Agreement and/or the Privacy Policy or violate any applicable laws and regulations.
4.8 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
4.9.1 We may suspend or restrict your access to and/or close your MCA Patient Account;
4.9.2 We may terminate this Agreement and cease to provide the Services to you;
4.9.3 We may place a hold on your Credits for up to 180 MCAys if reasonably needed to protect against the risk of liability; or
4.9.4 We may take legal action against you.
5.1 Unless as otherwise determined by Medical Channel Asia in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased medication or Healthcare Products, missed appointments, Subscriptions or any other orders by you, once payment has been made by you via our Application.
5.2 In respect of the Video Consultation function: In the event that you cancel a scheduled appointment less than 24 hours in advance or if you miss a scheduled appointment, you will not be entitled to a refund of such fees already paid.
5.3 In respect of the purchase of any medication or Healthcare Products on the Website or Marketplace:
5.3.1 such orders successfully made through the Platforms are strictly not eligible for cancellation; and
5.3.2 Healthcare Products purchased through Marketplace or the Website are also not eligible for exchange and are non-refunMCAble. Any requests made for refunds/exchanges in the event that the purchased product is MCAmaged, or the service rendered failed to fulfil its description in Marketplace or the Website will be subject to Medical Channel Asia’s review on a case-by-case basis. The decision as to whether any refund/exchange should be allowed is at the sole discretion of Medical Channel Asia.
5.4 In the event you are entitled to any refund for any reason in respect of any products or services on the Medical Channel Asia Platforms, you agree that Medical Channel Asia will in its sole discretion either (i) issue you with a refund to your MCA Patient Account or (ii) where the purchase was made using a credit card, credit the refund to the same credit card. We may require you to provide additional information before processing any refund and you agree to cooperate with us.
7.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
7.1.1 we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. Medical Channel Asia disclaims any liability for any use of the Website and/or Application 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;
7.1.2 you may be issued with a prescription for medicine by a Healthcare Provider and may be prompted to use delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. Healthcare Provider will use its best endeavors, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. Medical Channel Asia shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by Healthcare Provider; and (ii) any instructions in relation to the medication provided by the Healthcare Provider or anyone else associated with the provision of medication you have been prescribed;
7.1.3 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;
7.1.4 we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Healthcare Provider or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Healthcare Providers on the Website and/or Application does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein;
7.1.5 the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) 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 Application is at your own risk;
7.1.6 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 Application may be made public on the Website and/or Application, and read or intercepted by others;
7.1.7 Medical Channel Asia does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Application and/or the Application 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, Application and/or the Application Functions;
(ii) the Website, Application and/or the Application 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, Application and/or the Application Functions and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties; and
(iv) the Website, Application and/or the Application Functions being compatible or working with any third party software, applications or third party services.
7.2 Medical Channel Asia and its partners are not liable for:
7.2.1 the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or the Healthcare Provider 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;
7.2.2 any loss caused to or MCAmage incurred or suffered by you or any person because of or arising from or as a consequence of any use of your account information and/or the Platforms or Services, performing any transactions, purchase and/or arrangement of delivery of Product, and obtaining and/or making any payment of any monies belonging to you;
7.2.3 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, images, laboratory test results or diagnostic images, or provision of information by you to the Platform or the Healthcare Provider for the purposes of your use of the Platform or the Services;
7.2.4 any loss, damage or liability which may arise in connection to Services offered or Healthcare Products. All indirect and/or intangible damage, including without limitation, loss of income and consequential MCAmages is excluded from Medical Channel Asia’s liability;
7.2.5 for the actions or inactions of any providers of Services in relation to you, your activities, or for or in connection with Services; and
7.2.6 any suspension, discontinuation, upgrade or modification to the Application or Application Functions which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services, Application and/or the Application 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 Medical Channel Asia’s negligence.
8.1 You agree to fully indemnify and hold harmless Medical Channel Asia, 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 Application; (b) your breach of this Agreement and any terms relating to your use of the Application; (c) your access or use of the Application; (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.
9.1 To the maximum extent allowed under applicable law:
9.1.1 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 Application or contained in or available from the Application or your use or reliance on any products or services available on or accessed via the Website and/or Application and/or the Application Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of MCAta, 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
9.1.2 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 Application or any third party software or applications in conjunction with the Application, 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.
9.2 In the event that Medical Channel Asia is held liable, Medical Channel Asia 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 Medical Channel Asia’s gross negligence or wilful default.
10.1 We have the right to terminate or suspend your account 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.
10.2 You may deactivate/terminate your Account at any time, for any reason by navigating to the “Account Deletion” page within our Application. Alternatively, you may deactivate/terminate your Account by sending an email to
[email protected].
10.3 After such termination, Medical Channel Asia:
10.3.1 will have no further obligation to provide the Services; and
10.3.2 subject to applicable law and the Privacy Policy, reserves the right to retain, delete or destroy all information, communications, and materials stored, posted, or uploaded to the Application pursuant to its internal record retention and/or content destruction policies, including, but not limited to, your personal MCAta and medical records.
10.4 Upon termination, you will cease to use the Platforms immediately.
10.5 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.
Neither Medical Channel Asia 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.
12.1 This Agreement, the Privacy Policy, and the documents in it, constitute the entire agreement and understanding between you and Medical Channel Asia relating to the Application and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Medical Channel Asia which is not set out in this Agreement. Nothing in this Agreement shall however operate to limit or exclude liability for fraud.
12.2 may from time to time update these terms of this Agreement by posting amendments at the Website or on the Application. By your continuing use of the Website and/or Application after any such amendment, you agree to be bound by this Agreement as so amended.
12.3 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.
12.4 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.
12.5 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.
12.6 Medical Channel Asia may give notice by means of a general notice on the Application, 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 Medical Channel Asia’s records. You may only give notice to us in writing sent to our designated address or e-mail address.
12.6.1 Notices shall be deemed to have been duly given and received upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail), 2 (two) 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 access the notice. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
12.6.2 This clause does not apply to notices issued in respect of legal proceedings.
12.7 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 to give effect to the Parties’ intentions.
12.8 We reserve the right to delegate or sub-contract the performance of any of our Platform Functions Services or obligations to any related company, service provider, subcontractor, and/or agent on such terms as we may deem appropriate.
12.9 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 this Agreement to any affiliate or third party at our sole discretion.
12.10 Save for the related companies of Medical Channel Asia, partners of Medical Channel Asia, 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 2001. 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.
12.11 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.
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 a 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.
