| 1 |
DEFINITIONS & INTERPRETATION |
| 1.1 |
Except where the context otherwise requires, any reference in these terms and conditions to:
"Electronic record" means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
"General Practitioner" means general practitioners and polyclinics who are allowed by NIS to utilise services (including the Services) on the NetCare Web Site;
"NetCare Web Site" means the web site maintained operated or owned by NIS, which home page is accessible at the Internet URL "http://www.NetCare.com.sg" and which bears the domain name "NetCare.com.sg" or such other web site or location as may be designated by NIS from time to time;
"Patient" means any patient of NUH who has applied for the use the Services via a Registration Form and has agreed to be bound by these Conditions;
"Patient's Medical Records" means the medical records of the Patient which: (a) are stored by NUH as electronic records; and (b) NUH may from time to time make accessible via the NetCare Web Site at its absolute discretion;
"Person(s)" includes entities, companies, corporation(s) and un-incorporated bodies of persons;
"Registration Form" means the registration form submitted by the Patient in writing requesting for the provision of the Services, to which these Conditions are attached;
"Security Information" means a Patient's verification code, passwords, personal identification numbers (PINs), and/or other personal or security information issued or specified by NIS from time to time;
"Services" means the various services mentioned in clause 2.1 to be provided by NIS, subject to these Conditions and reference to "Services" includes a reference to any part thereof;
"Terms of Use" means the Terms of Use of the NetCare Web Site, which are posted on the NetCare Web Site by NIS, as varied or supplemented from time to time;
"These Conditions" means these conditions relating to the provision of the Services as varied or supplemented from time to time;
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| 1.2 |
In these Conditions, words importing the singular shall include the plural and vice versa and words importing one gender shall include any other gender; clause headings are for ease of reference only and shall not affect the interpretation hereof; references to clauses are to the clauses of these Conditions; a reference to "day" shall be a reference to a day determined in accordance with Singapore time and any references to time in these Conditions shall be a reference to Singapore time. |
| 1.3 |
In the event that these Conditions are translated to another language, these Conditions set out herein in the English language shall prevail over any such translation. |
| 2 |
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS |
| 2.1 |
The provision of the following services by NIS to the Patient:
- the storage of the Patient's Medical Records in the form of electronic records, accessible via the NetCare.com.sg Web Site;
- enabling the Patient to retrieve the Patient's Medical Records via the NetCare Web Site;
- enabling the Patient to give third parties (including specified General Practitioners and such other persons as the Patient may specify and as NUH may allow from time to time) access to the Patient's Medical Records via the NetCare Web Site;
- enabling the Patient to transmit the Patient's Medical Records to third parties (including specified General Practitioners and such other persons as the Patient may specify and as NIS may allow from time to time) via the NetCare Web Site;
- enabling the Patient to make or change for appointments to visit NUH's doctors, physicians, specialists and other medical professionals via the NetCare Web Site;
- enabling the Patient to pay NUH bills via the NetCare Web Site;
- the provision of news and information via the NetCare Web Site;
- any other services which are ancillary to the above; and
- such other services which NUH may provide to the Patient from time to time via the NetCare Web Site,
shall be conditional on the Patient's acceptance of and compliance with these Conditions and the Terms of Use. The Services are also subject to any operating rules or policies that may be published by NIS from time to time.
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| 2.2 |
NIS may determine and vary the frequency, manner of use or availability of the Services, operating hours, the other parties to whom NIS may offer the Services, and the types of services available through the Services on giving reasonable notice to the Patient. The Patient's continued use or access of the Services shall be deemed an agreement to any determination or variation by NIS under this clause. |
| 2.3 |
The Services are only accessible via the Internet and the Patient shall be responsible for acquiring and maintaining appropriate computer hardware, software, communication equipment and access to the Internet. NIS may, upon request, supply such information as is reasonably required by the Patient to enable the Patient to acquire such equipment and access. Notwithstanding this, NIS accepts no responsibility for any deficiency in the Patient's facilities. |
| 2.4 |
NIS may, from time to time, make changes to the Services, the NetCare Web Site and any contents thereof (including information or materials relating to the Patient) which are necessary to comply with any applicable regulations, standards or statutory requirements (whether having the force of law or not) or which do not materially affect the nature or quality of the Services. The provision of the Services by NIS is subject to all applicable laws and regulations (whether having the force of law of not). |
| 3 |
SECURITY INFORMATION |
| 3.1 |
The Patient may from time to time be given, allocated, or granted an option to choose, one or more Security Information for the purposes of accessing or using the Services. |
| 3.2 |
The Patient shall keep the Security Information confidential at all times and undertakes to inform NIS in writing immediately if the Security Information is lost, stolen, disclosed to any third party or compromised. Upon such written notice, NIS may at its absolute discretion:
- suspend, deactivate or cancel the Patient's use of the Security Information; and/or
- issue a replacement Security Information, subject to the payment of a replacement fee (if any) and these Conditions.
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| 3.3 |
NIS may at any time:
- suspend, deactivate or cancel the use of any of the Patient's Security Information;
- change the levels of access and the types of transactions that may be effected by the Patient's Security Information; and/or
- issue to the Patient replacement Security Information,
without prior notice and without assigning any reasons therefor, and the Patient shall comply with any and all instructions and directions given by NIS in respect of such suspension, deactivation, cancellation, change or replacement.
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| 3.4 |
The Patient shall accept full responsibility for all access to the Services made using the Patient's Security Information, whether or not made with the Patient's knowledge or authority, until and unless written notice of the loss, theft, disclosure or compromise of the Patient's Security Information has been actually received by NIS. |
| 3.5 |
The Patient is aware that any instructions or messages to be sent by the Patient to NIS through the use of electronic records, via the Internet, or other electronic networks or services shall be given only in accordance with the security requirements (including the use of the Security Information) stipulated by NIS from time to time. The Patient further agrees that there will be an irrebuttable presumption that any instruction or message received by NIS through such means, purporting to be given by the Patient, is actually given by the Patient, and the Patient shall be bound by and be responsible and liable for all consequences relating thereto, as if such instructions or messages had been given by the Patient, even if the Patient is able to prove that such instructions or messages were not given by or with the consent or under the authority of the Patient. |
| 3.6 |
NIS shall be entitled at its absolute discretion to require the Patient to give confirmation (whether in writing or otherwise and in such form and content as prescribed by NIS from time to time), of the Patient's instructions, notices or requests made pursuant to the Patient's access or use of the Services before NIS proceeds to act on such instructions, notices or requests. In particular, NIS may (but is not obliged to) require the Patient to give such confirmation, if NIS has reasons to suspect the Patient's Security Information has been lost, stolen, disclosed to third parties or compromised. |
| 3.7 |
The Patient agrees to provide NIS with any information or documentation that NIS may reasonably require relating to the Patient's access to and usage of the Services and/or the NetCare Web Site and shall co-operate with NIS in any related investigation or litigation. |
| 4 |
CHARGES, FEES AND PAYMENT |
| 4.1 |
NIS shall be entitled to levy charges, fees, costs, expenses, interest, taxes (including without limitation Goods and Services Tax), commissions and penalties (collectively, the "Charges") for making available any one or more of the Services to the Patient, from time to time at NIS' sole discretion. The Patient shall be notified of the Charges or any amendments to the Charges by posting such Charges on the NetCare Web Site and the continued use of the Services by the Patient after such notification shall be deemed the Patient's consent to such Charges. |
| 5 |
PATIENT'S MEDICAL RECORDS |
| 5.1 |
The Patient's Medical Records may be accessed by the Patient through the use of such Security Information and Security Procedures which NIS may specify from time to time. |
| 5.2 |
By agreeing to these Conditions, the Patient hereby gives his consent to the Patient's Medical Records being accessed by NUH's doctors, nurses and other employees, in order to enable NUH to maintain, monitor, retrieve, store and use the Patient's Medical Records in order to perform the Services. |
| 5.3 |
The Patient may, at his discretion, allow (subject to NIS' agreement) certain third parties such as General Practitioners to have access to the Patient's Medical Records. The Patient shall give NIS, in writing (by electronic means or otherwise and in such form and manner as may be required by NIS), a list of third parties whom the Patient wishes to allow access to the Patient's Medical Records and shall notify NIS of any changes to the list of such third parties. |
| 5.4 |
Notwithstanding clause 5.3 above, NIS may in certain circumstances, require the Patient to reconfirm, in writing (by electronic means or otherwise and in such form and manner as may be required by NIS), the Patient's consent to the disclosure of the Patient's Medical Records or any part thereof. If NIS deems that the Patient's reconfirmation of his consent is required, and NIS does not receive such reconfirmation, NIS shall be under no obligations whatsoever to release the Patient's Medical Records to such third parties. |
| 5.5 |
Notwithstanding any other provisions of these Conditions or the Terms of Use, the Patient specifically agrees that if he is rendered unconscious or incapable of making any decision or granting any consent, NUH and any General Practitioner shall have the right to access the Patient's Medical Records for the purpose of rendering medical treatment to the Patient. |
| 6 |
APPOINTMENT SETTING |
| 6.1 |
NIS may enable the Patient to set appointments with NUH's doctors, physicians, specialists and other medical professionals via the NetCare Web Site. However, the appointment may be confirmed, cancelled and rescheduled at any time at the sole discretion of NUH. |
| 6.2 |
If any appointment is confirmed, cancelled or rescheduled by NUH, NIS may, but shall be under no obligation to, inform the Patient accordingly. |
| 7 |
PAYMENTS |
| 7.1 |
The Patient may pay NIS (whether in respect of the Services or in respect of the Patient's NUH bills) by credit card by or such other means which NIS may prescribe from time to time. |
| 7.2 |
In furnishing a credit/charge card number and other relevant information for the payment of NUH's and/or NIS' bills, the Patient is authorising NIS to furnish such information to the relevant processing centre for the purpose of effecting the payment. NIS will use its reasonable endeavours to ensure the security of such information furnished by the Patient in accordance with normal commercial standards, but it is agreed that NIS shall not be liable to the Patient for any losses whatsoever arising from or in connection with such information. |
| 8 |
TERMINATION/SUSPENSION OF SERVICES |
| 8.1 |
NIS shall be entitled, without prejudice to its other rights or remedies, either to terminate or suspend the Patient's access to the Services wholly or in part in any of the following events:
- if any debt due and payable by the Patient to NUH and/or NISremains unpaid; or
- if the Patient is declared a bankrupt or is insolvent or the Patient enters into any compromise or arrangement with the Patient's creditors.
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| 8.2 |
Termination of access by NIS under this clause shall not prejudice any of NUH's and/or NIS' accrued rights against the Patient. |
| 9 |
MODIFICATIONS TO THESE CONDITIONS |
| 9.1 |
NIS may modify these Conditions and the Terms of Use from time to time. The Patient's continued use of the Services after such modification has been published on the NetCare Web Site shall be deemed an agreement by the Patient to these Conditions as so modified. |
| 9.2 |
NIS reserves the right, without notice to the Patient, to modify or discontinue the Services. NIS shall not be liable to any Patient or any third party should NIS exercise its right to modify or discontinue the Services. |
| 10 |
INTELLECTUAL PROPERTY |
| 10.1 |
All the intellectual property (including copyrights, trade marks) and other similar rights to all materials and information (including the Patient's Medical Records, databases, pictures, graphics, text, page headers, buttons, images, animated pictures and sound) in the NetCare Web Site are owned by or licensed to NIS, its service providers and/or professional advisors. No part or parts thereof may be reproduced, broadcast, framed, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the written consent of NIS. |
| 10.2 |
The web pages of the NetCare Web Site (including the Patient's Medical Records) may contain typographical errors or inaccuracies and may not be complete or current. NIS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. |
| 11 |
CONFIDENTIAL INFORMATION |
| 11.1 |
NIS does not want to receive confidential or proprietary information through the NetCare Web Site (excluding information related to the Patient's Medical Records and credit card information). Any such information, materials, suggestions, ideas or comments sent to NIS will be deemed not confidential, and, by submitting any such information, the Patient hereby grants NIS an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. |
| 12 |
OTHER PROVISIONS |
| 12.1 |
The Terms of Use published from time to time on the NetCare Web Site shall also apply to the Patient and the Patient agrees to comply with the said Terms of Use. Except as provided in these Conditions and the Terms of Use, these Conditions and the Terms of Use embody all the terms and conditions agreed between the parties as to the subject matter of these Conditions and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the parties with respect to the subject matter hereof, whether such be written or oral. |
| 12.2 |
These Conditions shall be interpreted and enforced in accordance with Singapore law and the Patient hereby consents to submit to the non-exclusive jurisdiction of the Singapore Courts. |
