Welcome to AYABytes
AYA APP TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING OUR DATA PROTECTION POLICY https://www.singhealth.com.sg/pdpa) (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING AYABYTES (“APP”) ON YOUR DEVICE (“DEVICE”)
BY INSTALLING OR USING THIS APP ON YOUR DEVICE AND REGISTERING AS A USER OF THE APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
This Agreement is made between Singapore Health Services Pte Ltd (“SingHealth”) and/or its related corporations, affiliates and subsidiaries (individually and collectively, “SHS”, “we”, “us”, as the case may be) and you with respect to your use of the App and any functionalities, services or features offered via or in connection with the App (“App Functions”). References in this Agreement to the use of the App extend to the use of such functionalities, services or features as well. You are not eligible to use this App without our consent if you are under 18 years of age.
We may from time to time modify, vary or amend the terms of this Agreement at any time whenever we post an update to this App. We also reserve the right to suspend or discontinue the whole or any portion of the App Functions or the App at any time. We may also impose limits on App Functions or restrict your access to parts of or the entire App Functions, or the App, all without notice or liability
Such modification shall be effective immediately upon posting on the App. Any use of the App Functions or the App after the amendment of the terms of this Agreement shall be deemed to be acceptance of the amended terms of this Agreement by you. If you do not agree to the amended terms of this Agreement, you have the right to close your account with us and/or cease your use of the App Functions.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE INELIGIBLE TO USE THIS APP, PLEASE UNINSTALL AND DO NOT USE THIS APP.
1.Agreement
1.1This Agreement governs your use of the App and the App Functions which are made available through the App.
1.2By downloading and/or accessing the App, you represent and warrant to us that:
(a)You have read and agreed to the Agreement; and
(b)You are at least 18 years old and have the necessary legal capacity, right, power or authority to agree to this Agreement.
(c)You are between 16-18 years old and have obtained the necessary legal capacity, right, power or authority via your parent(s)/guardian(s) to agree to this Agreement.
2.Your Use of the App
2.1Subject always to your continuing to comply with the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App insofar as owned by or licensed through us on the Device and only for your own purposes [CB3] or internal non-commercial purposes, on and subject to the terms of this Agreement. All other rights not expressly granted to you are reserved. Businesses, organizations or other legal entities may not use the App or App Functions for any purpose.
2.2Some software components used in our App may be offered under an open source or other license as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.
2.3Without prejudice to the generality of the foregoing, you may not (and may not, knowingly or otherwise, authorise, allow or assist any third party to):
(a)modify or adapt the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other app, programs or other platforms created by you;
(b)disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the App or any components thereof;
(c)communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the App;
(d)use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable laws, including in infringement of our intellectual property rights or those of any third party in relation to the App;
(e)use the App in a way that could damage, disable, impair or compromise the App (or the systems or security of the App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of SHS; nor
(f)use any automated process or service to access and/or use the App.
Nothing herein prohibits your exercise of any express statutory rights you may have under applicable law in relation to the App.
2.4You further agree and acknowledge that:
(a)it shall be your sole responsibility to, at your own cost:
(i)obtain all necessary hardware, software and communications services necessary for your use of the App;
(ii)install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the App; and
(iii)make back-ups of data or other content posted via the App, as these may be subsequently deleted by us or our service providers at any time without notice to you.
(b)we shall have the right to:
(i)automatically update the App and its components on your Device, add or remove App Functions, vary or impose user account rights, resource limits or fees or suspend or terminate App Functions and/or user rights;
(ii)deny or restrict access to this App or any App Functions whether to any user or generally, or to block access from or to any resources, at any time, without ascribing any reasons whatsoever; and
in any such event, you agree that no claims shall lie against us or our agents or our service providers in connection therewith.
3.Intellectual Property Rights
3.1The intellectual property rights in and to the App, App Functions and all the content of the App, including the designs, text, information, news, listings, graphics, images, videos, logos and button icons, editorial content, notices, applications, software (including HTML-based computer programs), music, sound and other files and their selection and arrangement (“Content”) are either owned by us or are licensed to us.
3.2The trademarks, logos and service marks (“Marks“) displayed on the App are the property of SHS or other third parties, and all rights to the Marks are expressly reserved by SHS or relevant third parties. The licences granted herein do not confer on you any rights to the Marks and you are not permitted to use any Marks without the prior written consent of SHS or such third party. The name of SHS or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of SHS.
3.3The domain name on which the App is hosted on is the sole property of SHS and you may not use or otherwise adopt a similar name for your own use.
4.Use of Content
4.1You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, frame, scrape, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to (unless otherwise expressly permitted in accordance with written law or with our prior written consent):
(a)the App;
(b)any of the App Functions;
(c)any Content, except to the extent expressly permitted in this Agreement; or
(d)any other content submitted, distributed or otherwise reproduced by any person accessing or using the App or the App Functions (“Third Party Content”) except with the prior written consent of SHS and the owner of such Third Party Content.
4.2Without prejudice to the rights and remedies which are available to us at law, we reserve the right to terminate the account of any user who repeatedly breaches Clauses 2 to 4.
5.Your Conduct on the App
5.1The App and App Functions are made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may use the App or App Functions for research purposes. They will only be allowed to do so under The SingHealth Centralised Institutional Review Board (CIRB) or its equivalent.
5.2You represent and warrant and undertake to us as follows:
(a)any content which you submit to the App or via the App Functions shall not:
(i)be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
(ii)consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
(iii)contain content or statements contrary to public interest, public morality, public order, public security, national harmony, or otherwise be prohibited by applicable Singapore laws or regulations;
(b)to comply with this Agreement, and such other notices or guidelines that may be uploaded to the App by SHS from time to time (which are hereby incorporated by reference into this Agreement);
(c)not to use any App Function or Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
(d)not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the App or the App Functions, including without limitation denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
(e)not to use the account of another member or user at any time for any purpose, whether with or without his/her permission ;
(f)not to use any information obtained from the App or the App Functions to harass, abuse or harm another person;
(g)not engage in advertising to, or solicitation of, any user of the App to buy or sell any products or services through the App;
5.3By submitting content through the App, you irrevocably agree as follows:
(a)that the content may be publicly disclosed and published (whether via the App or any other platform or channel) through its affiliated research studies. You agree not to disclose any comments, opinions, ideas, suggestions, and other content, communications or information that you wish to maintain the confidentiality of. At no time shall we or any other users of the App be under any obligation of confidentiality in respect of your content;
(b)you grant to SHS and other users of the App a non-exclusive, royalty-free, perpetual and worldwide right to use the content, including without limitation the right to store, reproduce, distribute, modify, publish, display, communicate, transmit, broadcast such content, and to sub-licence the same whether or not in connection with the App;
(c)you represent and warrant that:
(i)all content submitted by you is your own original work and creation and/or in any case do not and will not infringe the intellectual property or other rights of any third party;
(ii)none of the content submitted by you is proprietary or confidential;
(iii)none of the content submitted by you will expose SHS to any claims or proceedings (civil or criminal) in any part of the world; and
(iv)that the use of the content submitted by you by SHS and other users of the App and the hosting of such content on the App by SHS will not require any further licences or rights from, or infringe any other intellectual property or other rights of any third party.
5.4You understand and agree that SHS may review and edit or delete (but has no obligation to do so) any content, messages, photos or profiles that in the sole judgment of SHS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any App users.
5.5The following are some examples of the types of content and activities which are illegal or prohibited on the App:
(a)content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b)activity that harasses or advocates harassment of another person;
(c) engaging in advertising to, or solicitation of, any user of the App to buy or sell any products or services through the App Functions;
(d) promoting information or submitting content that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(e) creating restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
(f) providing material that exploits people under the age of 18 in a sexual or violent manner, or soliciting the personal data from anyone under 18;
(g) soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
(h) providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
(i) removing any copyright, trademark or other proprietary rights notices contained in or on the App or the App Functions.
(j) creating user accounts by automated means or under false or fraudulent pretences;
(k) falsely representing or implying that any content submitted by you is sponsored or endorsed by SHS;
(l) submitting content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party; or
(m) transmitting any viruses, worms, defects, Trojan horses or other harmful elements;
5.6SHS has the right (but is not obliged) to investigate and take appropriate action in its sole discretion against any person who posts such content on the App or partakes in any such activities including without limitation, removing the offending content from the App and/or terminating the account of any users which breach this Agreement.
5.7SHS has the right (but is not obliged) to, remove or disable access to any materials (including content submitted by App users / members and Third Party Content) that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property, other proprietary rights, this Agreement or for any other reason whatsoever. Any such editing or removal of any such content shall be without prejudice to our other rights and remedies available at law.
5.8You acknowledge and agree that we cannot be responsible or liable for any content submitted onto the App by any App users / members or any Third Party Content, and you agree to exercise access and use such only at your own risk and with care and discretion.
6.Your Account and Password
6.1You acknowledge and agree that to access and use the App and/or certain App Functions, you may be required to open an account and register. You may also be required to comply with such additional terms and conditions, guidelines and rules which we may notify you of from time to time.
6.2If you choose, or you are provided with, a user name, code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You also agree that you will be the only authorized user of the App and/or the App Functions using your username and password. You agree not to provide or make known your username and password to any other person for any purpose, including to facilitate that person’s access and unauthorized use of the App and/or the App Functions.
6.3We have the right to disable any user identification code or password whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the terms of the Agreement.
6.4If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
7.Disclaimers and Limitations
7.1Please note that the Content and any Third Party Content available via the App and/or the App Functions is for general informational purposes only and is not intended to be, and should not be treated as, substitutes for professional medical advice, diagnosis or treatment. The Content and Third Party Content are provided on the understanding that no surgical or medical advice or recommendation is being rendered to you via either the App and/or the App Functions. Medical treatment has to be individualised and can only be rendered after adequate assessment of your condition through appropriate clinical examination. Please do not disregard the professional medical advice of your physician or local healthcare provider or delay in seeking medical advice from them because of any information provided on the App or via the App Functions. For the reasons given above, you should not rely on the information provided on the App or via the App Functions and, to the fullest extent permitted by law, we do not accept any responsibility if you do.
7.2You further acknowledge that the App and App Functions are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the App or the App Functions could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.
7.3Any Content and Third Party Content posted, distributed or otherwise made available on the App or through the App Functions are not moderated by us. We are not responsible as author, editor or publisher of any Content or Third Party Content, whether designated as “experts” or “content partners” or similar designations and you acknowledge and agree that any use by you of any Content or Third Party Content is entirely at your own risk.
7.4In addition, the App or App Functions may display, publish or make available content that is not provided or published by us (including for example, content provided by third party content aggregation services or information providers). Such content is the sole responsibility of the person or entity that makes it available. We are not responsible for such content, and we do not have control over the selection thereof, nor do we routinely monitor such content. SHS makes no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the third party content provider’s terms of use.
7.5SHS does not verify and is not in a position to verify any party’s rights to submit any content on or through the App or App Functions, and SHS takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same. SHS and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.
7.6You acknowledge and agree that SHS does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any of the products or services which may be offered or made available by any third party on or through the App or the App Functions, and SHS hereby expressly disclaims all liabilities and responsibilities arising in relation to any such products or services whether available or advertised via the App or on a third party mobile application or website.
7.7Any company names, products, services and branding cited or used on the App or the App Functions may be trademarks or registered trade marks of their respective owners and the owners retain all legal rights. The use of trade marks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by SHS.
7.8You hereby acknowledge and agree that the App and App Functions may use transmissions over the Internet which are never completely private or secure and that any information transmitted to the App may not be confidential and acknowledge that you have no expectation of privacy with respect to such information. Subject to our Data Protection Policy, use of the App is entirely at your own risk
7.9You agree that:
(a)SHS shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the App or App Functions without assigning any reason; and
(b)access to or the operation of the App and/or the App Functions may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, SHS shall not be liable for any loss, liability or damage which may be incurred as a result.
8.Disclaimer of Warranties and Liability
DISCLAIMER: THIS APP AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE ON AN “AS IS AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
8.1To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
(a)the App (together with any App Functions, Content and Third Party Content or other content or information provided by or through the App) are provided on an “as is” and “as available” basis, with all faults and without any warranty of any kind. Your use of the App and App Functions is at your own risk and you are responsible for compliance with all applicable laws;
(b)we convey the information available on the App without responsibility for accuracy and any errors contained in such information shall not be made the basis for any claim, demand or cause of action;
(c)we do not warrant that the content on the App or any of the App Functions will be free of interruption or that the App is free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties. SHS is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error;
(d)we do not warrant that the App Functions contained in or performed or enabled by or through the App will meet your requirements, that the operation of the App and/or App Functions will be uninterrupted or error-free, or that defects in the App and/or App Functions will be error-free. Without prejudice to the foregoing, SHS does not warrant and hereby disclaims any representation, warranty or term with respect to the App or the App Functions, whether express, implied or statutory, including but not limited to:
(i)merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the App, App Functions, Content or Third Party Content;
(ii)the App or any App Functions associated therewith being uninterrupted or error-free, or that defects will be corrected or that the App and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii)the App Functions or Content or Third Party Content will at all times be available and/or accessible;
(iv)the App or App Functions being compatible or working with any third party software, applications or third party services;
(e)we shall bear no liability whatsoever in connection with the design, development or administration of any aspect of the App or App Functions, your interactions with the same or your participation in any App Functions;
(f)we are not liable for any delay or failure of the App or the App Functions to perform. There is no guarantee that you will be able to access the App whenever and wherever desired. There may be extended periods of time when you cannot access the App for various reasons, many beyond our control.
8.2You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App and any App Functions and performed by or accessed through the App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
8.3Further, nothing in this Agreement constitutes any representation or warranty by us as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly disclaimed.
9.Indemnity
9.1You agree to indemnify, defend and hold harmless SHS, its officers, directors, employees and agents (“Indemnitees”) from and against all claims, demands, losses, expenses, damages, costs and liability, including reasonable attorneys’ fees, arising out of or in connection with any breach of this Agreement, any breach of any applicable law by you, your breach of any third party’s rights, your use of the App or the App Functions or any activity related to your use of the App (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or any other person accessing the App using your username and password.
9.2This clause shall survive the termination or expiration of this Agreement (howsoever caused).
10.Limitation of Liability
10.1To the maximum extent permitted under applicable law:
(a)SHS, our officers, directors, employees and agents shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (whether direct or indirect) of or otherwise in connection with your use of or reliance on the App or App Functions, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection with any reliance on any Content or Third Party Content or other content or any other information made available or accessed on or through the App or contained in or available from the App or your use or reliance on any products or services on, available or accessed via the App and / or the App Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
(b)in no event shall SHS, our affiliates’, officers’, employees’, agents’, partners and service providers’ total liability to you for any and all damages not excluded (other than as may be required by applicable law in cases involving personal injury) exceed in aggregate $50 SGD.
11.Termination
11.1We reserve the right to terminate or suspend your use of the App without prior notice to you, at any time and for any or no reason including inappropriate behaviour on the App. Without limiting the foregoing, if you breach this Agreement or conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the App, the App Functions or any information systems connected or in operation with the same, we reserve the right to suspend or permanently terminate your access to the App and the App Functions for any reason in our sole and absolute discretion.
11.2You agree and acknowledge that any suspension or termination of your access to the App may be effected without prior notice, and agree that the App may immediately deactivate. Further, you agree and acknowledge that to the maximum extent permitted under applicable law, we shall not be liable for the discontinuation or termination of your access to the App.
12.Personal Data
12.1Our collection, use and disclosure of your personal data is governed by our Data Protection Policy (https://www.singhealth.com.sg/pdpa), the terms of which are also incorporated into this Agreement by reference and apply your use of our App and the App Functions.
12.2It is a continuing condition of your use of the App and App Functions that you agree to the terms of our Data Protection Policy as amended from time to time.
12.3By using this App, in addition to the matters set out in the Data Protection Policy, you also consent to us collecting, using or disclosing your personal data for the following purposes:
(a)responding to your queries, requests and feedback;
(b)to maintain your account with us;
(c)to provide you with the App Functions;
(d)to communicate with you to inform you of changes to the App, the App Functions or our policies, terms and conditions and other administrative information;
(e)matching and profiling your user profile to provide you with content, articles and information which may be of interest and relevance to you and to improve your user experience with the App;
(f)sending you updates and information which you may have requested or which we think may be of interest to you; and
(g)such other purposes as may be reasonably related to the above.
13.Third Party Sites and Links
13.1We may provide links to third party sites. We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
13.2You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
13.3We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, SHS shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
14.General
14.1You may not transfer any rights or obligations you may have under this Agreement. We reserve the right to transfer or to subcontract any right or obligation under this Agreement at our sole discretion without your consent.
14.2If any term or provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect the other terms or provisions contained in this Agreement or the whole of this Agreement, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and the purpose of this Agreement.
14.3Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership or joint venture between SHS and you and neither party shall have any authority to bind the other in any way
14.4Except for the Indemnitees referred to in Clause 9, a person who is not a party to this Agreement has no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act (Chapter 53B).
15.Governing Law
15.1This Agreement shall be governed and construed in accordance with the laws of Singapore.
16.Arbitration
16.1By accessing this App, you agree that final and binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of this Agreement, the App (including your use of the App) or the App Functions, except to the extent that either you or SHS have in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
16.2The reference to arbitration in this Agreement shall be a submission to arbitration within the meaning of the Arbitration Act (Cap. 10) for the time being in force in Singapore. Such arbitration shall be conducted in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into this Clause.
16.3The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one (1) arbitrator.
16.4Any decision or award of an arbitral tribunal appointed pursuant to this Clause will be final and binding on both you and SHS and the execution thereof may be entered into any court having jurisdiction.
16.5You undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
17.Terms Required by Apple
17.1In the event that you obtain the App through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply. You acknowledge and agree that if any of the terms and conditions of this Agreement are inconsistent or in conflict with Apple’s Instructions for Minimum Terms for Developer’s End-User License Agreement (the “Minimum Terms”), as published on Apple’s website at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ from time to time, the Minimum Terms will apply:
(a)You acknowledge and agree to the following:
(i)You will only use the App in connection with an Apple device that you own or control;
(ii)You will comply with any applicable third party terms which may affect or be affected by your use of the App;
(iii)Apple has no responsibility for the App, including without limitation of the foregoing, no responsibility to furnish any maintenance and support services for the App or to address any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation and (iv) any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights;
(iv)Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof;
(b)In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App; and
(c)You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(d)If you have any complaints or queries about the App, please direct all complaints and queries to:
NCCS
Attention: Dr Evelyn Wong Yi Ting, Associate Consultant, National Cancer Centre Singapore
Telephone number: 64368000
Email address: [email protected]