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Please do read these terms and conditions of use ("these Terms of Use") carefully before using www.netcare.com.sg ("this Site").
Your access to and use of this Site, including any information, services or materials including text, graphics,
links or other items found on this Site (the "Site Services"), is subject to the following terms and conditions and all applicable laws.
By accessing and using this Site, you would be signifying your assent to these Terms of Use.
If you do not agree to these Terms of Use, please do not use this Site.
These Terms of Use may be amended or modified, or new conditions may be imposed, at any time.
Any such changes or additions will be reflected by an update of this posting.
Please check these Terms of Use periodically for changes.
Your continued use of this Site following the posting of changes to these terms will mean you accept those changes.
| 1 |
Ownership and Use |
| 1.1 |
This Site (bearing the domain name "NetCare.com.sg") is owned and operated by NetCare Internet Services ("NIS"), a division of the National Healthcare Group. |
| 1.2 |
All materials and information (including pictures, graphics, text, page headers, buttons, images, animated pictures and sound) found in or published by this Site and all intellectual property rights (including copyrights, trade marks and other similar rights) relating to such materials and information are owned by or licensed to NIS, its service providers and/or professional advisors. |
| 1.3 |
Some materials and information may have been obtained by NIS from third parties, such as on-line publications, news wires and medical journals (i.e. the "Information Sources"). NIS gives no warranty or guarantee on the accuracy, completeness, or timeliness of the such materials and information or the Information Sources, or on the authenticity, identity, competence or otherwise of any party who created, displayed, supplied or transmitted such materials and information. |
| 1.4 |
NIS maintains this Site for your personal use. In this regard:
- you may download material displayed on this Site to any single computer only for your personal, noncommercial use, provided you also retain all copyright and other proprietary notices contained on the materials;
- however, you may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any part of this Site in any manner without the express written consent of NIS.
Please also note that modification of any materials displayed on this Site is a violation of NIS's copyright and other proprietary rights.
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| 1.5 |
Any use of this Site save as provided in these Terms of Use is strictly prohibited, unless the written permission of NIS is first obtained in writing. |
| 2 |
Restrictions on Deep Linking and Framing Activities |
| 2.1 |
NIS is concerned about the integrity of this Site when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. |
| 2.2 |
Specifically, NIS is concerned with activities such as linking to an internal or subsidiary page of this Site that is located one or several levels down from the home page of this Site ("Deep Linking") and the incorporation of any part of this Site as part of your own web page ("Framing"). |
| 2.3 |
Deep Linking to or Framing any part of this Site or any similar activity may not be carried out by you unless you have first obtained the express written permission of NIS to do so. |
| 3 |
Responsibility and Compliance with Law |
| 3.1 |
You may be able to transmit or post messages via this Site. In this regard you are solely responsible for the content of any of your transmissions through or postings on this Site. In any event you must not transmit or post any message that:
- restricts or inhibits any other user from using and enjoying this Site;
- is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any law;
- violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contains a virus or other harmful component;
- contains any information, software or other material of a commercial nature;
- contains advertising, promotions or commercial solicitations of any kind; or
- constitutes or contains false or misleading indications of origin or statements of fact.
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| 3.2 |
Your use of this Site is subject to all applicable laws and regulations (whether having the force of law or not), and you agree that you shall:
- not use this Site for illegal purposes;
- not interfere with or disrupt computer networks or systems connected to, supporting or hosting this Site; and
- comply with all regulations, policies and procedures of networks connected to or which may be hosting this Site.
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| 3.3 |
You also may not take any action that imposes an unreasonable or disproportionately large load on this Site or the services comprised in this Site or its associated infrastructure (including any computers supporting this Site). |
| 4 |
Links to other web sites |
| 4.1 |
While NIS may provide certain hyperlinks from this Site to other web sites, any such web site is independent from this Site, and NIS has no control over, or responsibility with respect to the information provided or activities undertaken by any such web site. NIS therefore makes no warranties about any other web site you may access directly or indirectly via this Site. |
| 4.2 |
Please note that a link between this Site and another web site does not mean that NIS endorses that web site. You should make your own independent decision regarding interactions or communications with any web site. |
| 5 |
Submissions |
| 5.1 |
By transmitting any message or submitting creative ideas, concepts, know-how, techniques, suggestions or materials to or via this Site (collectively, "Submissions"), you are automatically granting NIS a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to NUH, whether solicited or unsolicited, may be used by NIS for any purpose, now or in the future, without any payment to you. |
| 5.2 |
NIS will also have the right, but not the obligation, to use your name in connection with NIS's broadcast, use or publication of your Submission. |
| 6 |
Restricted Site Services |
| 6.1 |
Certain Site Services are not available to the public and may be accessible only to persons whom NIS has agreed in writing to provide such Site Services to (the "Restricted Services Users"). The provision of such restricted Site Services (the "Restricted Services") to a Restricted Services User is subject to the terms and conditions of any written agreement relating to the provision of the Restricted Services made between NIS and the Restricted Services User (the "Restricted Services Agreement"). |
| 6.2 |
If you are a Restricted Services User and have entered into a Restricted Services Agreement with NIS please note that:
- the terms and conditions of the Restricted Services Agreement will apply to you in addition to these Terms of Use;
- these Terms of Use are in addition to and shall be read together with the Restricted Services Agreement and both these Terms of Use and the Restricted Services Agreement shall be construed as one document
- all references herein to "these Terms of Use" shall also refer to the Restricted Services Agreement; and
- in the event of any conflict between the provisions of these Terms of Use and the Restricted Services Agreement, the provisions of the Restricted Services Agreement shall prevail.
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| 7 |
Risks |
| 7.1 |
Due to the nature of the Internet, you must acknowledge and accept the risks of the possibility of:
- unauthorised copying, amendment, recording or reading of or interference with messages or this Site by third parties;
- delay in or inability to access or use this Site due to any hardware, software, system or connection failure, error, omission, interruption, delay in transmission or computer virus; and
- loss of data or information that may occur due to any cause whatsoever, including any failure of any electrical, electronic, computer, microprocessor, recording or communication system of NIS or any other party,
and you release NIS from any claim which you may have as a result of your assuming such risks.
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| 8 |
Warranties and Limitation of liability |
| 8.1 |
While NIS will use its reasonable commercial endeavours to ensure that at the time of their first publication information and material published by NIS and found in this Site is accurate or opinions expressed in such material are fair, NIS does not warrant the accuracy, correctness or completeness of such information or materials. |
| 8.2 |
All Information and materials found or comprised in this Site is for informational purposes only and are not meant to substitute any advice provided by your own doctors or any other medical professional. You should not use such information and materials for diagnosing or treating a health condition or disease or for prescribing any medication. |
| 8.3 |
The information contained in or made available through this Site also cannot and is not intended to replace or substitute for the services of other trained professionals in any field, including, but not limited to, financial or legal matters. |
| 8.4 |
Please do take note of the following conditions:
YOUR USE OF THIS SITE INCLUDING THE SITE SERVICES IS AT YOUR SOLE RISK. THIS SITE AND THE SITE SERVIVES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NUH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NIS MAKES NO WARRANTY THAT (i) THIS SITE AND THE SITE SERVIVES WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE AND THE SITE SERVIVES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE AND THE SITE SERVIVES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE OR THE SITE SERVIVES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE AND THE SITE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIS OR THROUGH OR FROM THIS SITE AND THE SITE SERVIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, SUBJECT TO CLAUSE 7.5, NIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE OR THE SITE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE OR THE SITE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE OR MADE OR DONE VIA THE SITE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS SITE OR THE SITE SERVICES.
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| 8.5 |
Nothing in these Terms of Use shall operate to limit or exclude the liability of NIS for the tort of deceit or for death or injury resulting from its own negligence or that of its employees. The maximum liability of NIS (whether arising in contract, tort or otherwise) in connection with or arising from this Site, the Site Services or these Terms of Use shall not exceed an amount equal to three times the fees payable to NIS for the services in respect of which such liability is claimed. |
| 8.6 |
Please note that should you chose to use this Site or the Site Services, the allocations of liability mentioned in these Terms of Use, including those mentioned in this clause 7, represent the agreed and bargained for understanding of the parties with respect to NIS's liability. Please note that the limitations set out in this clause 7 are integral to the amount of fees (if any) charged for the services provided hereunder by NIS to you and that were NIS to assume any further liability beyond that set forth in this clause 7, such fees would be substantially higher. |
| 9 |
Indemnity |
| 9.1 |
You agree to indemnify and hold NIS, its affiliates, members, directors, officers and employees, harmless from any claim, demand or cost (including solicitors' fees on a full indemnity basis) which NIS may suffer or incur due to or arising out of or in connection with (a) your breach of any of the provisions of these Terms of Use, (b) your infringement of any rights or intellectual property rights, including copyrights, trademarks or rights of confidence of any person or entity, (c) any action taken or omitted to be taken in good faith by NIS pursuant to any instructions, notice or request by you, (d) the enforcement of NIS's rights against you under these Terms of Use, (e) claims of third parties which may be brought or asserted in respect of this Site or the Site Services; or (f) otherwise in connection with these Terms of Use, this Site or the Site Services. |
| 10 |
Modifications & Termination |
| 10.1 |
NIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site, including the Site Services, or any part thereof, with or without notice. You agree that NIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site including the Site Services. |
| 10.2 |
You agree that NIS, in its sole discretion, may terminate your right to use this Site (including the Site Services), and remove and discard any content (including content originating from you) within this Site, for any reason, including, without limitation, for lack of use or if NIS believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. NIS may also in its sole discretion and at any time discontinue providing this Site or the Site Services, or any part thereof, with or without notice. |
| 10.3 |
You agree that any termination of your access to this Site or the Site Services under any provision of these Terms of Use may be effected without prior notice. Further, you agree that NIS shall not be liable to you or any third-party for any termination of your access to this Site or the Site Services. |
| 11 |
Software |
| 11.1 |
In order to access or use this Site or the Site Services, you may have to install certain computer programs or software plug-ins, which may be licensed or provided to you by third parties or by ourselves, into your computer system or other equipment (the "Software"). Where the Software is provided by NIS, NIS grants you a non-exclusive and non-transferable license to use the Software provided that you are permitted only to: (a) load the Software into and use it on a single computer which is under your control; and (b) use the Software for private and personal purposes only. |
| 11.2 |
Please note however that NIS makes no warranty of merchantability, satisfactory quality or fitness for any particular purpose with respect to the Software or source of the Software, or that the Software or source of the Software is free of defects or computer virus. |
| 11.3 |
You also agree that you will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to this Site or the Site Services. |
| 12 |
Other Provisions |
| 12.1 |
No failure, delay, relaxation or indulgence on NIS's part in exercising any of NIS's power or right conferred in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use. |
| 12.2 |
If any provision of these Terms of Use is held or interpreted by any governmental authority to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms of Use, such provisions shall be fully separable and these Terms of Use shall be construed as if such illegal or invalid provision had never comprised a part of these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms of Use. |
| 12.3 |
NIS shall not be liable whatsoever or be deemed to be in default for any delay or failure in performance under these Terms of Use resulting from acts beyond the control of NIS including without limitation acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, lightning, equipment failure, telecommunication line failure, riot, strikes, lock-outs, industrial disputes (whether or not involving NIS's employees) or epidemics or infectious diseases. |
| 12.4 |
These Terms of Use as amended from time to time and posted on this Site and any Restricted Services Agreement entered into between you and NIS, embody all the terms and conditions agreed between the parties as to the subject matter of these Terms of Use 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. |
| 12.5 |
Any communication in connection with these Terms of Use must be in writing and be delivered personally, or by post, facsimile or e-mail to such address as the recipient may have notified to the other party. Proof of posting or despatch of any notice or communication to a party shall be deemed to be proof of receipt:
- in the case of a letter posted in Singapore, on the third working day after posting;
- in the case of facsimile, when confirmed by an activity report indicating that the correct number of pages was sent to the correct facsimile number and that such facsimile message was well-received; and
- in the case of e-mail to NIS where such e-mail has actually been received by a person designated by NIS to receive such message and such message is in a format readily decipherable by NIS's message or information system.
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| 12.6 |
Any electronic records relating to these Terms of Use, this Site or the Site Services kept and/or maintained by NIS shall be conclusive evidence of the contents thereof. You agree to the admission as evidence in any court such electronic records maintained or kept by NIS and any part, copy or computer output thereof, as an original document, and you further agree not to challenge or dispute the admissibility, authenticity or accuracy of such electronic records or computer output thereof. |
| 12.7 |
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore and you irrevocably agree to submit to the non-exclusive jurisdiction of the Singapore Courts. |
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