CaringUp Terms and Conditions
CaringUp Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE SERVICE AND RELATED WEBSITE.
1.1 CARING UP PTE. LTD. (Company No. 202025541C), a private limited company incorporated in the Republic of Singapore with its registered address at 1 Wallich St, #14-01 Guoco Tower, Singapore 078881 (“CaringUp”), provides the Service in accordance with the Agreement. References to “CaringUp” includes the relevant subsidiary or associated company within the CaringUp group (as the case may be).
1.3 In these Terms and Conditions (including the Preamble), unless otherwise provided or unless the context requires otherwise :
(a) “we”, “us”, “our” and cognate expressions shall refer to CaringUp;
(b) “Users” shall refer to the persons who browse, visit, access and/or use the CareAide Platform, including registered and unregistered Users, who may be a Caregiver, Dependent or partner or supplier of CaringUp, and each a “User”;
(c) “you”, “your” and cognate expressions shall refer to each of the Users;
(d) “CareAide App” means the CareAide mobile device application service provided by CaringUp, available on the Apple App Store and Google Play Store;
(e) “CaringUp Site” means the website at www.caringup.com, associated systems and any subdomains thereof, including the mobile-optimised versions of such website;
(f) “CareAide Platform” means CareAide Application and/or CaringUp Site (as the case may be);
(g) “Content” means all content available on the CareAide Platform, whether created by CaringUp or the User, including the organization, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings, personal data and other materials; and
(h) “Service” means the provision of the CareAide App, including the features and functions therein by CaringUp in accordance with the Agreement. For the avoidance of doubt, non-capitalized references to “service” or “services” takes the ordinary meaning of service in these Terms and Conditions, (i.e., value-added work done for users or subscribers to the CaringUp Applications).
1.4 By browsing, visiting, accessing and/or using the CareAide Platform, you unconditionally agree to follow and be bound by the Agreement. If you do not agree to be bound by and comply with all of the terms of the Agreement, you shall not use and shall immediately cease using the CareAide Platform.
2. SERVICE AND INTENDED USERS
2.1 Subject to Clause 5 below, the features of the Service available to the Users include:
(a) prescription adherence and refill reminders;
(b) generation of orders for services or products offered by third parties (“Third Party Services”) to this Agreement including, but not limited to, pharmacies and medical professionals;
(c) such other features as may be made available by CaringUp.
2.2 We reserve the right at our sole discretion to cancel, restrict, suspend, vary or modify the use, access and features of the Service (whether in whole or in part).
2.3 We reserve the right at our sole discretion to appoint any third party service provider(s) to perform any part of the Service on our behalf. We do not make any representations or warranties about the timeliness of delivery, quality, outcome or feature of services or products received by you following Third Party Services. We do not control nor influence the services or products rendered following Third Party Services and you agree that neither CaringUp nor any of its subsidiaries or affiliates shall be deemed liable for the achievement or non-achievement of delivery, quality, outcomes or features of such third-party services.
2.5 You shall not provide access to or use the Service or the Content thereof for the benefit of third parties or make commercial use of the Service or the Content thereof, but you may use the Service only for your personal use or for the purpose of your dependent(s) and/or customer(s) (provided the customer’s consent is obtained) subject to the Agreement. Use of and access to the Service is void where prohibited.
2.6 Before you may have access and use certain premium features of the Service, you shall provide the relevant information requested on the CareAide Platform and agree to be bound by the Agreement in connection with the Service. Upon registration, you shall have your own username and password to log into the CareAide Platform. You shall be responsible for safeguarding your username and password, and other security processes and devices to login to the CareAide Platform. Any login to the CareAide Platform by using your login details shall be deemed to have been made by you.
2.7 By registering for the Service, you shall ensure that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline and (d) you consent to, until such consent is withdrawn by you by email to our data protection team at: email@example.com, receiving messages and promotional material offering in-Service purchases..
2.8 To enable us to provide the Service to you effectively and efficiently, you shall provide the Contents, information and documents requested on a timely basis and shall ensure that such Contents, information and documents are true, accurate, current, complete and not misleading and does not contain material omission.
2.9 Our performance of the Service may be delayed, interrupted or affected due to lack of co-operation on your part, and we shall not be liable to any person for any injury, damage or loss suffered by you, howsoever arising, due to any omission or falsehood in any of the Contents supplied by you.
2.10 You agree that CareAide may collect, assimilate, use, and disclose your data to third-parties and commercial enterprises for the purposes of, or in connection with, the Third Party Services, including the provision of messages and promotional material. By selecting and proceeding with the Third Party Services, you consent to the release of relevant personal data by CareAide to the providers of services and products for, or in connection with, such Third Party Services, and to be bound by the terms of usage of such Third Party Services. You may withdraw your consent to the collection, use and disclosure of your personal data in accordance with the data protection policies of providers of Third Party Services in force from time to time.
3. MODIFICATIONS OF THESE TERMS AND CONDITIONS
We reserve the right to update or modify these Terms and Conditions at any time and from time to time. By continuing to browse, visit, access and/or use the CareAide Platform after any such changes, you agree to follow and be bound by these Terms and Conditions as changed. For these reasons, we encourage you to periodically review these Terms and Conditions for the latest version.
4.1 Your use of any aspect of the Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice. CaringUp accepts no responsibility for checking the accuracy of data, programs, or materials whether relating to the Service or provided in relation to Third Party Services that are accessed through the CaringUp Platform and makes no representation concerning its completeness, truth, accuracy, or its suitability for any particular purpose.
4.2 If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, CaringUp shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
4.3 CARINGUP IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY OR THROUGH THE SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED BY OR THROUGH THE SERVICE TO ENSURE ITS ACCURACY.
4.4 The provision of any goods or service by any third party vendor, supplier or partner on or through the CareAide Platform is not a guarantee by CaringUp on the creditworthiness, genuineness and trustworthiness of the third party vendor, supplier or partner. CARINGUP DOES NOT ENDORSE ANY SERVICE OR PRODUCT OFFERED BY A THIRD PARTY VENDOR. IT IS THE RESPONSIBILITY OF THE USER TO OBTAIN MEDICAL ADVICE AND MAKE THEIR OWN DECISIONS ABOUT THE ACCURACY, CURRENCY, RELIABILITY, AND CORRECTNESS OF INFORMATION RELATING TO THIRD PARTY PRODUCTS OR SERVICES BEFORE SELECTING A THIRD PARTY SERVICE OR USING A PRODUCT OR SERVICE FROM A THIRD PARTY.
4.5 We will investigate suspected violations of the Agreement or illegal and inappropriate behavior in connection with the Service. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated the Agreement or to have engaged in illegal behavior.
5. SUBSCRIPTION FOR THE SERVICE
5.1 We may at our discretion offer various subscription services and you may choose to subscribe for the same (“Subscribed Service”).
5.2 The payment terms for the Subscribed Service are as stated in the subscription model. If you have downloaded the CareAide App from Apple App Store, payment will be charged to your Apple account at confirmation of purchase and Apple App Store’s payment terms and conditions shall apply. If you have downloaded the CareAide App from Google Play Store, payment will be charged to your Google Play account at confirmation of purchase and Google Play Store’s payment terms and conditions shall apply. Your subscription will automatically renew unless you turn off auto-renew at least 24 hours before the end of the then current period. Your account will be charged for renewal within 24-hours prior to the end of the then current period, at the renewal amounts indicated in Apple App Store and Google Play Store (as the case may be). You may manage your subscription and the auto-renewal may be turned off. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.
5.3 The refund of all payments made shall be subject to the refund policies of Apple App Store and Google Play Store (as the case may be).
5.4 We reserve the right to suspend and/or terminate your use and access to the Subscribed Service or any part thereof in the event you shall fail, refuse and/or neglect to pay the relevant subscription fees or to renew the subscription prior to its expiry. Without prejudice to the foregoing, your use and access to the Subscribed Service will be downgraded to the non-subscription version where you will lose access to the features of the Subscribed Service and all rights, benefits and rewards accrued under the Subscribed Service will be permanently forfeited.
6. TECHNOLOGY; SUPPORT
6.1 We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information may be transmitted over mediums that are beyond our control and jurisdiction. Further, multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.
6.2 Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (a) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Service, Content, including software, text, graphics, links, or communications provided on or through the use of the Service; or (b) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Service.
6.3 We have no obligation to provide technical support or maintenance for the Service and any device. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES IN RESPECT OF THE SERVICE OR ANY PRODUCTS OR SERVICE ORIGINATING FROM THIRD PARTY SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.4 Although we take reasonable measures to keep the Service free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Service will be free of such contaminations.
7. RESPONSIBILITIES OF THE USERS
7.1 If you submit any information to us through or related to the Service or send us any business information, contact details, feedback, idea, concept or invention by e-mail, you shall ensure that you have all necessary permission to submit or otherwise make available such information.
7.2 You further agree that:
(a) you will not reproduce, duplicate, copy, sell, resell, or exploit the Service, its Content, its software or any portion of any of the foregoing;
(b) you will not use the Service for any purpose in violation of local, state, national or international laws;
(c) You shall not use the Third Party Services function for commercial purposes or purposes other than meeting your medical needs;
(d) you will not solicit another person’s password or personal information under false pretences;
(e) you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
(f) you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
(g) you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
(h) you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
(i) you will not publish falsehoods or misrepresentations, including with respect to any medical or health information;
(j) you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, racism, blasphemy, violence, or bigotry or otherwise inappropriate to the community ethos of the Service);
(k) you will not post or transmit any Content that contains any viruses, trojans or programming routines that may damage, interfere with, intercept and/or expropriate any system, data or device; and
(l) you shall not adapt, modify, copy, translate, distribute, transmit, display, perform, reproduce, publish, licence, transfer, frame, create derivative works from, any Contents.
7.3 You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in the Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of the Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in the Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
8. LICENSE GRANT
8.1 We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable and revocable license to access and use our Service, and any user guides, specifications or related documentation (“Documentation”), subject to the terms and conditions of the Agreement. This license is only for your personal and non-commercial use or for the purpose of your dependent(s) and/or customer(s) (provided the customer’s consent is obtained), and only for the term of the Agreement. The license granted herein shall automatically terminate on the termination or expiration of the Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the CareAide App for use in accordance with the Agreement on each mobile device that you own or control. You may not distribute or make the CareAide App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the CareAide Platform, you shall not:
(a) lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the CareAide Platform or the right to download or use the CareAide Platform;
(b) unless otherwise authorised under the Agreement, use the Service or use any Third Party Services for any commercial purpose or for any commercial or non-commercial public display or otherwise use the Service to the detriment or disadvantage of CaringUp;
(c) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the CareAide Platform, any CareAide Platform updates, or any part of the CareAide Platform or updates, or attempt to do any of the foregoing;
(d) copy, modify or create derivative works of the Service, Documentation, any Service or Documentation updates or any part of the Service, Documentation or updates;
(e) remove any copyright or other proprietary notices from the CareAide Platform, Documentation, or any part thereof;
(f) transfer the Content or materials from the CareAide Platform to anyone else or “mirror” the same on any server;
(g) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content;
(h) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service;
(i) harvest, collect or mine information about other users of the Service;
(j) post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or
(k) violate any applicable law, rule or regulation.
8.2 If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
9.1 CaringUp and its licensors (if applicable) own the Documentation, CareAide Platform, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, create derivative work, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in the Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
9.2 Notwithstanding anything to the contrary, nothing in the Agreement transfers, transmits or confers any intellectual property rights in connection with the Service to any Users, which intellectual property rights shall remain the property of CaringUp and its licensors (if applicable).
10. APPLE, INC. AND GOOGLE LLC
10.1 This provision only applies in respect of the version of the CareAide App used on devices of Apple, Inc. The Agreement is an agreement between you and us. Apple, Inc. has no responsibility for the CareAide App or the Content, including in respect of claims of intellectual property infringement, product liability or that the CareAide App does not conform with applicable law. Your use of the CareAide App must be in compliance with the Apple App Store Terms of Service, and you may only use the CareAide App on an iPhone or iPod that you own or control as permitted by such terms.
10.2 This provision only applies in respect of the version of the CareAide App downloaded from Google Play Store. The Agreement is an agreement between you and us. Google LLC has no responsibility for the CareAide App or the Content, including in respect of claims of intellectual property infringement, product liablity or that the CareAide App does not conform with applicable law. Your use of the CareAide App must be in compliance with the Google Play Terms of Service, and you may only use the CareAide App on a device that you own or control as permitted by such terms.
11.1 We accept no responsibility or liability for any material or Content provided or posted by any User. Where you provide any material or Content in connection with the use of the Service, you represent and warrant that such material and Content do not infringe the intellectual property rights of any person and is not illegal.
11.2 We will make a reasonable effort to monitor and moderate the Content posted by the Users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to firstname.lastname@example.org.
12. EXPORT RESTRICTION
Except as authorized by Singaporean law and the laws of the jurisdiction in which the Service was obtained or is used, you may not use, export or re-export the Service. Specifically, and without limiting the foregoing, the Service may not be exported or re-exported into any Singapore embargoed countries. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Service for any purposes prohibited by Singapore or other applicable law.
13.1 The Agreement is effective until terminated by either you or us.
13.2 You may terminate the Agreement at any time, provided that you discontinue any further use of the Service.
13.3 If you violate any provisions of the Agreement, our permission to you to use the Service automatically terminates. We may, in our sole discretion, terminate the Agreement and your access to any or all of the Service, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of the Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us.
13.4 Upon any termination of the Agreement by either you or us, you must promptly uninstall the CareAide Platform on all of your devices, cease access and use of the Service and destroy all materials and Content downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials, Content and Documentation.
13.5 For the avoidance of doubt, where the Agreement is terminated by the User who is a caregiver, its dependent’s access and use of the Service and rights hereunder shall be terminated in tandem, and vice versa.
13.6 Termination of the Agreement shall not affect your obligations to us under the Agreement which by their sense and context are intended to survive the termination. Without prejudice to the foregoing, the following provisions survive the expiration or termination of the Agreement for any reason whatsoever: Disclaimers, License Grant, Ownership, Infringement, Indemnity and Limitations on Liability, Force Majeure, Choice of Law and Forum, Entire Agreement and Severability.
14. INDEMNITY AND LIMITATIONS ON LIABILITY
14.1 You shall indemnify and keep us indemnified, in full against any and all actions, claims, proceedings, losses, costs (including all legal costs), expenses, damages, fines, penalties, demands and liabilities of any nature whatsoever (whether arising from contract, tort or otherwise) which we may suffer or incur as a result of or arising from or in connection with any negligence, misconduct, fraud or breach of the provisions of the Agreement on your part.
14.2 We shall not, under any circumstances, be liable to any person for any loss of profit, loss of anticipated profit, loss of business, economic loss, anticipated savings, depletion of goodwill, nor for any special, exemplary, punitive, indirect or consequential loss or damages, costs, expenses or claims of any nature whatsoever and howsoever caused, whether arising from negligence, breach of contract or law or otherwise.
14.3 Without prejudice to Clause 14.2 above, in the event we are liable to any person for any loss or damage pursuant to the Agreement, all parties agree that our aggregate liability shall not exceed the subscription fee paid by the User for the immediately preceding twelve (12)-month period.
15. force majeure
We shall not be liable for any delay in performance or non-performance of any of the Service or our obligations under the Agreement to the extent that the delay or non-performance is due to any event or circumstances beyond our control (i.e. force majeure event), including without limitation, acts of God, war, threat of war, act of terrorism, interruption of traffic, movement control or restriction, strikes, lock-out, inclement weather, natural disasters, outbreak of diseases, epidemic, pandemic, fires, floods, malicious damage, breakdown of internet service, governmental order, mechanical, electronic or communications failures or degradations. Upon the occurrence of an event of force majeure, we may at our sole discretion, fully or partially suspend or discontinue the Service or terminate the Agreement with immediate effect, or extend the time period for the fulfilment of our obligations hereunder, and we shall not be liable to any person for any loss, damage, penalty, demand, claim, fines, costs and expenses suffered or incurred.
16. CHOICE OF LAW AND FORUM
This Agreement shall be governed in all respects under the laws of Singapore. In any claim or action by you directly or indirectly arising under the Agreement or related to the Service, you irrevocably agree to submit to the exclusive jurisdiction of the courts in Singapore.
17. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between CaringUp and each User pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of the Agreement is superseded by the terms of the Agreement. The Agreement may not be modified, in whole or in part, except as described elsewhere in the Agreement.
If any of the provisions of the Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect. The invalidity or unenforceability of any provision or part thereof will not affect the validity and enforceability of the remaining provisions.
No remedy conferred by any of the provisions of the Agreement is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No exercise or failure to exercise or delay in exercising any right or remedy will constitute a waiver by us of that or any other right or remedy available to us, nor will any single or partial exercise of any right under the Agreement preclude any other or further exercise of it.
You agree that the Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party. You shall not assign, transfer or novate any of your rights and obligations under the Agreement.
21. THIRD PARTY RIGHTS
Unless otherwise provided, a person who is not party to the Agreement has no rights under the Contracts (Rights of Third Parties) Act 2001.
22. CONTACT INFORMATION
All notices to you relating to the Agreement shall be posted on the CareAide Platform or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to the Agreement may be made either by e-mail to email@example.com or in writing and sent to the following address:
CARINGUP PTE. LTD.
ATTN: Legal Affairs 1 Wallich St, #14-01 Guoco Tower, Singapore 078881
Notice shall be deemed given when notice is posted on the CareAide Platform or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid, or in the case of posting, on the third day following the date of posting.