WeCare Terms and Conditions
TERMS AND CONDITIONS OF USE – WECARE
Greetings from WeCare (the “Platform”), operated by CARING UP PTE. LTD. (Company No. 202025541C), a Singapore incorporated private limited company with its registered address at 1 Wallich St, #14-01 Guoco Tower, Singapore 078881 (“CaringUp”, “we”, “our”, or “us”). The Platform is an entirely web-based analytics portal that enables stakeholders in the medical industry including, but not limited to, hospitals, insurance companies, pharmaceutical companies and governmental entities to understand medical trends, obtain anonymized patient data and access selected patient information. References to CaringUp includes the relevant subsidiary or associated company within the CaringUp group (as the case may be).
By accessing and using this Platform and our related websites, applications, Application Programming Interfaces (“APIs”) and content (collectively, the “Services”) you agree to be bound by the terms and conditions of use of the Platform as set out hereinunder, including any amendments thereto which may from time to time be made without notice or reference to you (this “Agreement”).
The Platform interacts with CareAide, a mobile device service accessible via the CareAide App, to deliver its Services. You are encouraged to familiarize yourself with the terms of the CareAide App (“CareAide Terms”), available at: https://caringup.com/terms-and-conditions/. The Services may be affected by the implementation of the CareAide Terms and by proceeding with use of the Platform, you are deemed to have read and accepted the CareAide Terms.
We will investigate suspected violations of the Agreement or illegal and inappropriate behaviour 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, behaviour or activities of anyone believed to have violated the Agreement or to have engaged in illegal behaviour.
- By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. If you desire to revoke your agreement to the terms herein, you must immediately stop using the Services and delete your profile on the Platform altogether.
- By accessing or using the Services, you consent to, and permit CaringUp to sell your data to such third parties that CaringUp may in its sole discretion decide to.
This Agreement will remain in full force and effect while you use the Services. CaringUp reserves the right to terminate or suspend your profile at any time without notice if CaringUp believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion.
This Agreement may be modified by CaringUp from time to time and the latest version may be accessed by you at https://caringup.com/wecare-terms-and-conditions/ . We will try to notify you of material revisions, for example via a notice on our Platform or an email associated with your profile. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using the Services.
- Usage of Services
When you create your profile, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your profile password confidential and that you do not disclose it to any third party.
You also agree that you are solely responsible for the activity that occurs under your profile, such as the content, details, information (if any) that you post, or otherwise make available on the Services (collectively, “Content”).
- Subscription and fees
We offer different categories of subscription plans (“Plans”) to meet the budget of any business or user. By subscribing to any Plan, you agree to pay us an administration fee, applicable fees and taxes, as well as any other costs subject to additional terms specific to the Platform (“Charges”) . You will not be able to access the full functionality of the Services if you do not pay these Charges.
By making payment to us, you agree to the following :
- Your purchase may be subject to variations in price in accordance with prevailing foreign exchange rates at the time of purchase (if you are based overseas);
- You agree to make payment in United States Dollar (USD).
- You agree to be bound by any exchange rate used by CaringUp or any payment service provider appointed by CaringUp to process payments made by you for the Services;
- To declare and pay any local taxes as applicable on the payment made by you;
- You have the legal right to use any credit card(s) or other payment method(s) in connection with the purchase and that the information you supply is true, correct and complete;
- We may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
- If you elect a subscription plan, payment for fees and applicable taxes will be charged automatically on the anniversary of every preceding year or such other billing milestone as agreed in your subscription (“Billing Period”). To avoid future charges, cancel your subscription before the anniversary / renewal date;
- All of your purchases are non-refundable. You shall not receive any refunds for any cancellation of your subscription plan prior to the completion of a Billing Period. Where you have switched your subscription plan or otherwise opted for additions, removals or changes to your subscription plan before the completion of a Billing Period, CaringUp shall pro-rate the Charges paid by you for the Billing Period. CaringUp reserves the right to offset, utilize or credit any portion of the Charges paid by you against any Charges payable for changes to your subscription plan; and
- Taxes payable by you are calculated based on the billing information at the time of purchase
The Platform may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases and you agree that as such CaringUp may at its sole election determine which Designated Payment Methods are used. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on our Platform.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Platform are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
- Your obligations
- You hereby represent, warrant and/or undertake the following:
- You are a corporation or legal entity duly organised, validly existing and in good standing in the jurisdiction which you are incorporated or established in, and you have full power and authority to enter into this Agreement and perform its obligations herein contained;
- You have duly authorized the representative creating your profile or account on the Platform to establish, manage or otherwise control your activity on the Platform;
- You must provide true and accurate information while creating your profile (which must be updated from time to time in case of any changes).
- You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Platform, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- Where you engage users of the CareAide App under your Plan, you shall not provide any medical advice of any kind. You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on the Platform, including for the avoidance of doubt, usage of the Services or any API interacting with the CareAide App to promulgate or propagate false statements in the meaning set out under the Protection from Online Falsehoods and Manipulation Act 2019 (“POFMA”) or to provide any medical advice.
- You must not make unauthorised copies, compromise any portion or compilation of code responsible for powering the Platform, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any portion thereof or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof. Activity prohibited under this sub-clause f. include posting or transmitting any virus, worm Trojan horse or other harmful or disruptive element to the Platform or CareAide App through the Services.
- remove any copyright or other proprietary notices contained on the Platform or the CareAide App, the Documentation, or on any service or material accessible on CaringUp’s official website located at https://caringup.com/ ;
- You shall not in the course of the business or in the course of using the Services, conduct anything unlawful, misleading, fraudulent, or otherwise illegal under the laws of any jurisdiction applicable to you;
- You must not distribute, license, transfer, assign, sell, in whole or in part, or otherwise create any encumbrances over any of the content of the Platform or any derivative works thereof;
- You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Services, disrupt our website or any networks connected to the Services/Platform, including the CareAide App, or bypass/circumvent any measures we may use to prevent or restrict access to the Services. Activity prohibited under this sub-clause k. includes circumventing, disabling, or otherwise interfering with security-related features of the Service or features that prevent or restrict use or copying of any Content, and using 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;
- You must not attempt to create multiple profiles or access or collect information in unauthorised ways from the Platform or the CareAide App, or transfer the Content or materials from the Platform or CareAide App to anyone else or “mirror” the same on any server. Activity prohibited under this sub-clause g. includes creating multiple profiles using false identifiers, bots or deepfakes, installation of malicious script or backdoors on the Platform to access data or networks connected to the CareAide App or otherwise collecting information in an automated way on the Platform or the CareAide App;
- You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age on the Platform or through any APIs interacting with the CareAide App through the Platform;
- You shall not use the Platform for commercial purposes not intended to be served by the Services unless authorized by us in writing;
- You shall only use the report option on the Platform to report breaches or violations of this Agreement;
- You must not use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews.
For the avoidance of doubt, your obligations under this sub-clause f. shall extend to ensuring that you do not make unauthorised copies, compromise any portion or compilation of code responsible for powering the CareAide App, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the CareAide App through your activity on the Platform and use of the Services;
- You hereby represent, warrant and/or undertake the following:
- Monitoring of Activity and Content
You consent to us monitoring or reviewing any activity you carry out on the Platform and the Content as part of the Services. We reserve the right to delete any Content, in whole or in part, or disable your user profile at any time without prior notice, that in our sole judgment violates this Agreement, harms the reputation of the Services or CaringUp, or infringe or violate any third-party rights, or otherwise violate any applicable laws or regulations. We reserve the right to impose penalties on users who upload false content.
- Irrevocable Licence
By using the Services, you grant CaringUp, its subsidiaries, its affiliates, related companies, licensees and successors, an irrevocable license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content.
- Intellectual Property Rights
CaringUp owns (and is entitled to enforce) all proprietary rights in the Service, and in all content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information of CaringUp and its licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.CaringUp grants 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. The license granted herein shall automatically terminate on the termination or expiration of the Agreement.
You must not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Unless indicated otherwise, all content, images and graphics, video, audio, information, links, and other material and files (collectively, “Material”) found on this Platform are protected by copyright, trademark and other proprietary rights. You expressly agree not to copy, reproduce, download, modify, edit, use, publish, transmit, reproduce in whole or in part, directly or indirectly, any Material on this Platform without the prior written consent of CaringUp. You further agree to comply with all copyright, trademarks and other proprietary rights by any third parties that you may access from this Platform. CaringUp will not be held responsible for any copyright, trademark, or proprietary rights infringements caused by third party material accessed on the Platform.
We are not responsible for the conduct of any user. You agree that CaringUp and its affiliates, subsidiaries, related entities, or its partners shall not be liable (directly or indirectly) for any losses, damages, or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users.
CaringUp accepts no responsibility for checking the accuracy of data, programs, or materials accessed through this site and therefore makes no representation concerning its completeness, truth, accuracy, or its suitability for any particular purpose. Users should rely on their own independent investigations.
Before relying on any information accessed through this website or application, a user should:
- carefully evaluate the accuracy, currency, completeness, and relevance to their own circumstances of the information for the purpose for which it is to be used; and
- obtain any appropriate professional advice relevant to the user’s particular circumstances.
Links to other websites or apps are inserted for convenience and are not an endorsement of material at those sites, or any associated organisation, product, or service. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability, and correctness of information contained in linked external websites or apps.
Information, data, programs, or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the Services due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Services, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the Platform/Services or your access to it.
Nothing in this Agreement shall be construed as a representation, warranty or promise that you, by using the Services, obtain any ownership right in or to personal data, trends, information, insights, analytics or results of processing of information of CareAide users that is delivered through the Services (“Service Information”). You shall not license, sell, assign, transfer or create any rights in the Service Information.
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Platform, CaringUp, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages, and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of this Agreement or arising out of a breach of your obligations, representation and warranties under this Agreement.
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, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CARINGUP IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND BY OFFERING THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. INFORMATION REGARDING MEDICATIONS, HEALTH, PATIENT DATA, MEDICAL ADVICE AND OTHERWISE ARE PROVIDED BY THIRD PARTIES TO THIS AGREEMENT. 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.
- Limitation of Liability
We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content that they share (including offensive, inappropriate, obscene, unlawful and other objectionable content).
We cannot predict when issues may arise with the Service. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will the Platform or CaringUp nor any of its affiliates, subsidiaries, related entities, directors, partners, officers, employees, or agents be liable (directly or indirectly) in any way to you whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any direct or indirect economic or financial loss or damage (including loss of business, revenue, profits, goodwill, reputation, information, or data) or consequential, special, indirect, exemplary, punitive, or incidental damages howsoever caused or arising from any breach or failure of CaringUp/Service to perform any of its obligations under this Agreement.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent permitted by applicable law, any dispute you have with any third party arising out of your use of the Service, is directly between you and such third party, and you irrevocably release us and our affiliates, subsidiaries, related entities, directors, partners, officers, employees, or agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
CaringUp reserves the unfettered right to modify the Services with or without notice. You agree that CaringUp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You are responsible for regularly reviewing the Content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, and suspend or terminate users, without liability to you.
- Governing Law
All disputes, controversies, or differences arising out of or in connection with this Agreement shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies, or differences shall be referred within seven (7) days to the Singapore International Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
- Personal Data Protection
You shall indemnify us, and hold us harmless in accordance with this Agreement where you commit any breach of this section.
- CaringUp does not warrant that your access and usage of the Platform will always be safe and seamless in its operation. The Platform may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). CaringUp shall not be responsible for any of these Disruptions and CaringUp disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
- You undertake not to utilise the Platform to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold CaringUp and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Platform and/or your breach of this Agreement.
- The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
- You shall not assign or purport to assign any of your rights or obligations under this Agreement without the prior written consent of CaringUp and any such assignment or purported assignment shall be null and void.
- If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of this Agreement shall not be affected or impaired thereby.
- No failure on the part of CaringUp to exercise and no delay on the part of CaringUp in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under this Agreement by CaringUp preclude any other or further exercise of it.
- This Agreement contains the whole agreement between you and CaringUp relating to the subject matter of this Agreement to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and CaringUp in relation to the matters dealt with in this Agreement.