TERMS OF USE OF ONLINE APPOINTMENT SYSTEM
TERMS OF USE OF ONLINE APPOINTMENT SYSTEM
You are accessing or using the Online Appointment System (the
"System") provided by National Healthcare Group Polyclinics (referred
to as "NHGP" or "we"). In these Terms of Use
("Terms"), "you" refers to any person accessing or using
this System and is a patient of either National Healthcare Group Polyclinics
(Ang Mo Kio, Geylang, Hougang, Toa Payoh, Woodlands and Yishun Polyclinics, and
National University Polyclinics (Bukit Batok, Choa Chu Kang, Clementi, Jurong and
Pioneer Polyclinics) (collectively the “Institutions”, and each an
“Institution”), and "NHGP" and "we" include National
Healthcare Group Polyclinics' parent organisations, affiliates, subsidiaries,
officers, directors, shareholders, employees, agents, licensors and
representatives.
1. Acknowledgement and Acceptance of Terms of
Use
These Terms govern your access and use of the
System and may be amended by us from time to time. It is your
responsibility to check these Terms whenever you use the System. By accessing or using the System, you acknowledge
that you have read, understood and accepted these Terms and agree to be bound
by them. If you do not accept or agree with these Terms, you must immediately
discontinue your access and/or use of the System. When using or accessing the
System, you agree that you must comply with any applicable third (3rd)-party
terms of agreement and any additional posted guidelines, rules, terms and
conditions applicable to your use or access of the System, which are hereby
incorporated by reference into these Terms.
We reserve the right to, at our absolute discretion, to suspend or
terminate your access to the System. Further, we may amend/change these Terms
for access and use at any time for no reason, without prior notice and without
liability. In the event of the termination of these Terms, all restrictions imposed
on you, licences granted to you, indemnities given by you and our disclaimers
and limitations of liability set out in these Terms shall survive.
2. Responsibility for all activity under
your account
To maintain the integrity and security of the
System, you shall maintain the confidentiality of any personal identification
number or password provided.As there are inherent security risks on the
Internet, it is your responsibility to ensure that your personal identification
number and password are not disclosed to any third (3rd) parties.
You shall immediately notify us of any unauthorised use or theft of these
identifiers, or any other breach of security in the event that you become aware
of any unauthorised access or theft of your password and provide such
particulars as we may require. You are fully responsible for all activities
that occur under these identifiers. You shall indemnify us for any loss and/or
damage suffered or incurred as a consequence of or related to such unauthorised
access and use. We are not responsible for any misuse of your account by any
third (3rd) parties.
We will use reasonable efforts to secure, using appropriate
security technologies, all information including but not limited to personal or
medical data, images or other content submitted, uploaded or posted by you to
the System. However, as there are inherent security risks on the Internet, we
and the Institutions do not accept liability for any loss, access or disclosure
of Information submitted, uploaded or posted by you to the System.
3. The System
We have the right at our absolute discretion to
suspend or terminate your access to the System. We may also terminate the
System or make upgrades or modify or discontinue any feature that forms part of
the System at any time for no reason, without any advance
notice and without liability. The System may
incorporate hyperlinks to third (3rd) party websites on the
Internet. We are not responsible for and do not endorse such websites and we and the
Institutions shall not be liable for any damages or loss arising from your use
or access to those websites. Your access to and/or
use of such websites is entirely at your own risk.
User Information
NHGP grants each Institution access to the
information submitted, uploaded or posted by its patients who use the System
("User Information"). Each Institution acknowledges and agrees
that:-
(a)
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it shall use User Information only for
the purposes of providing healthcare services to the patient to whom the User
Information relates;
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(b)
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the use of the User Information requires
the relevant Institution to use its own skill and judgment, and the
Institution is solely liable for all diagnoses, evaluations, opinions,
recommendations or comments made or actions taken;
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(c)
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it is aware that use of the User
Information, whether by contributing to, amending, accessing, utilising,
storing or otherwise dealing with the same may from time to time be subject
to certain statutory or other laws, regulations, conditions and restrictions,
and that it shall comply with the applicable laws, regulations, conditions or
restrictions;
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(d)
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it shall not, and shall ensure that no
other person under its supervision or control shall:
(i)
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make any modifications, adjustments or
alterations to the User Information;
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(ii)
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attempt to rectify or permit any
persons other than NHGP to rectify any fault or inaccuracy in the User
Information; or
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(iii)
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otherwise tamper with the User
Information.
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4. Making and Changing Appointments
Please note that the making and changing of
appointments is subject to confirmation by our and/or the Institution’s staff.
Accordingly, please note that your booking is only confirmed and entered into
the System when you receive an acknowledgement that your appointment is
confirmed.
We reserve our right to reject your request to
make, change and cancel appointments. Appointments made through the System have
to be confirmed by our and/or the respective Institution’s staff before they take
effect.
5. Use of the System
You shall use the System for lawful and proper purposes only and
in particular, you shall not:
- manipulate any
information supplied on the System in a manner that would lead to inaccurate,
misleading or discriminating presentation of information being displayed;
- use the System in a
manner which causes or may cause an infringement of the rights of any other
party;
- post, transmit or
disseminate any information on or via the System which is or may be harmful,
obscene, defamatory or otherwise illegal;
- circumvent, or attempt
to circumvent, any electronic protection measures in place to regulate or
control access to the System;
- use any robot, spider,
site search/retrieval application or other manual or automatic device to
retrieve, index, "scrape," "data mine", "crawl"
or in any way gather the System or reproduce or circumvent the navigational
structure or presentation of the System without our express prior written
consent;
- use any software,
routine or device to interfere or attempt to interfere electronically or
manually with the operation or functionality of the System, including uploading
or making available files containing corrupt data or viruses via any means
whatsoever; and/or
- violate any applicable
laws, rules or regulations in connection with your access or use of the System.
6. Disclaimer
The System is provided on an "as is"
and "as available" basis without warranty of any kind. If you require medical,
professional or other advice, you should seek the services of a competent professional.
We and the Institutions disclaim all warranties or conditions of any
kind, to the extent permitted by law, whether express or implied, including but
not limited to the accuracy, correctness, reliability, currency, timeliness,
title, merchantability, fitness for any particular purpose and non-infringement
of the content (including any modifications or alterations thereto, whether
made by us or otherwise) of the System.
We and the Institutions do not warrant that the content available through the
System or any functions associated therewith will be uninterrupted or
error-free, or that defects will be corrected or that the System is and will be
free of all viruses and/or other harmful elements.
To the maximum extent permitted by law, we, the
Institutions and our licensors, providers, employees, agents, affiliates,
related companies, and any government agencies supporting the System (“NHGP
Affiliates”), shall not be liable to you or any other party for any damages,
loss, expenses, costs, loss or unauthorised disclosure of data (including
patient information) or expense suffered by you or any other party as a result
of:
(a)
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any failure of performance, system,
server or connection failure, error, omission, interruption, breach of
security, computer virus, malicious code, corruption, delay in operation or
transmission, transmission error or unavailability of access arising in the
course of or in connection with your accessing and/or using this System;
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(b)
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an action brought by a third (3rd)
party even if such loss was reasonably foreseeable or we and/or NHGP
Affiliates have been advised of the possibility of you or any other party
suffering or incurring the same;
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(c)
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the reliance on or use (by anyone,
including you) of any services, data, information, User Information,
hyperlinks or matter available on or through the System or the accuracy,
correctness or completeness thereof;
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(d)
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any delay in operation
or transmission, communications failure, Internet access difficulties or
malfunctions in equipment or software;
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(e)
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any data or other information input,
sent or received by or to you or through the System;
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(f)
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the
conduct or views of any person who access or uses the System; or
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(g)
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the access, disclosure, loss, corruption
or inaccuracy of any information submitted, uploaded or posted by you to the
System; or
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(h)
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any
damage to any property as a result of your use of or access of the System.
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7. Limitation of Liability
You expressly understand and agree that, to the
maximum extent permitted by law, under no circumstances shall we or the
Institutions be liable to you or any third (3rd) party for any
damages, losses, expenses or costs whatsoever including, without limitation,
any direct, indirect, special, incidental, compensatory, exemplary or
consequential damages, lost profits, lost goodwill, lost revenue or lost
opportunity however caused and under any theory of liability, arising from,
relating to or in connection with your access and/or use of the System or
reliance on the content contained in the System.
Our and the Institutions’ total liability
to you in respect of any claim shall not, for any reason, exceed S$1,000
(Singapore Dollars One Thousand Only). This limitation applies to all causes of
action in the aggregate including, without limitation, breach of contract,
breach of warranty, negligence, strict liability, misrepresentations and other
torts. In any jurisdiction in which these limitations of liability are
restricted, our liability is limited to the greatest extent permitted by law.
8. Indemnification
To the fullest extent permitted under the law, you agree to
defend, indemnify and hold us and the Institutions blameless from and against
all claims, actions, liabilities, losses, expenses, damages and costs
(including reasonable solicitors' fees) arising out of or related to your
access or use of the System or any breach of these Terms by you.
9. Intellectual Property
You acknowledge that any and all copyright,
trade marks, service marks, logos and other intellectual property rights
subsisting in or used in connection with the System including the manner in
which the content of the System is displayed, presented or appear (including
all design, text, sound recordings, images or links) and all data, information,
documentation and software programs available on or through the System are
owned by or licensed to us. As such, they may not be reproduced, transmitted,
published, displayed adapted, modified, altered, distributed, hyperlinked,
framed or otherwise interfered with or used in whole or in part in any manner
without our prior written consent.
The contents of the System and the services provided through the
System are only for your own personal use. You are expressly prohibited
from using the contents of the System and the services provided for commercial
use or exploitation.
10. Privacy
We reserve the right to access and disclose your personal
information where we believe this is permissible or necessary to comply with
applicable laws and lawful government requests, to operate its systems properly
or to protect ourselves.
11. Governing Law
These Terms shall be governed by and construed
in accordance with laws of Singapore and you irrevocably agree to submit to the
jurisdiction of the Singapore courts. The Institutions and our parent
organisations, affiliates, subsidiaries, officers, directors, shareholders,
employees, agents, licensors and representatives may enforce any of these Terms
as if each were in direct contractual relation with you.
12. General
If any of these Terms is held by a
court of competent jurisdiction to be illegal or unenforceable, the same shall
be deemed to be deleted from these Terms and shall be of no force and effect; whereas
the remainder shall continue in full force and effect.
We shall have the right to
transfer or assign all or any of its rights, obligations or benefits under
these Terms, in whole or in part, to an NHGP Affiliate without requiring your
consent. However, we shall inform you of such transfer or assignment by
posting a notice on the System. You
shall not assign your rights or transfer your obligations and duties under
these Terms to any third (3rd) party without our prior written
consent.
The rights and remedies under these
Terms are cumulative and not exclusive of any other right or remedy provided by
law or in equity.
Save for NHGP Affiliates, no third (3rd)
party shall have any right to enforce any of these provisions under the Contracts
(Right of Third Party) Act (Cap.53B) or any other theory of law.