STANDARD TERMS AND CONDITIONS FOR THE USE OF SERVICES OF
SG ASSIST PTE. LTD.
SG Assist Pte. Ltd. (UEN: 201841624W), and its related affiliates
(collectively referred to herein as “SG Assist“), is the
owner and operator of this website or mobile application. In consideration
of SG Assist’s acceptance of my registration as a user of the SG Assist
mobile application and/or website at http://www.sgassist.com (the
“Platform”), the grant of license by SG Assist for me to use the Platform
and/or SG Assist’s agreement to make available its service options to me, I
hereby acknowledge and agree to abide by the following terms:
CAPACITY & AUTHORITY
. I warrant and represent that I am of legal age and have the legal
capacity to enter into these contractually and legally binding Standard
Terms and Conditions (“Terms”) and to make use of the
service options offered by SG Assist. Where I use the service options
offered by SG ASSIST on behalf of an organisation or entity, or to
secure goods or services for the consumption of another person, I
warrant and represent that I am duly authorised by the organisation or
entity or such other person to do so, and in such a case, the words
“I”, “me” or “my” used in these Terms shall include such an
organisation or entity or such other person so that these Terms,
including terms and conditions that limit the liabilities of SG ASSIST,
are also legally binding on such an organisation or entity or such
SCOPE OF SERVICES.
I acknowledge and accept that SG ASSIST itself does not provide any
healthcare, medical or nursing services and is only:
(A) providing a platform for my access to emergency responders (aka.
Kampong Heroes), qualified healthcare professionals, institutions and/or
specialists (either in person, by phone, e-mail, tele-conferencing or
video-conferencing) (“Healthcare Partners”);
(B) facilitating access to business partners of SG ASSIST or other third
parties (“Ancillary Services”) (the services at (A) and (B) collectively
referred to as the “Services”);
(C) providing information, articles, content and material on topics such as
health, nutrition and care (“Articles”); and (D) offering the sale of
medical, nutritional, health, personal care and home care products and
I have the sole right and responsibility to choose from the service options
or Products available to me on the Platform or based on the recommendation
of SG ASSIST’s service providers and business partners. I agree and
acknowledge that I am solely responsible for any decision or selection made
by me in relation to the service options/solutions, Articles or Products
regardless of whether or not my decision was based on the recommendation of
SG ASSIST’s Healthcare and Service Partners. In this regard I shall at my
own cost and expense, verify and check the credentials and reliability of
the recommendation, Articles or Products and SG ASSIST shall not have any
liability in this regard.
PROVISION OF MEDICAL SERVICES BY OUR HEALTHCARE PARTNERS.
I acknowledge and agree that the Services are provided subject to these
Terms. All requests for the provision of the Services shall be
communicated by me to SG ASSIST through means as instructed by SG
ASSIST. SG ASSIST has no obligation to accept my request for Services
and shall have full discretion to decline the provision of any of the
Services to me. In the event that SG ASSIST accepts my service request,
SG ASSIST shall record the details of the Services requested by me and
such a record shall constitute final and conclusive evidence of the
Services requested by me under these Terms. While SG ASSIST endeavours
to ensure that the Healthcare Partners provide prompt and timely
services, SG ASSIST is not responsible for disruptions in the Services
or any actions of any Healthcare Partners. In particular, SG ASSIST is
not responsible for, and I agree to hold SG ASSIST harmless from and
against, the actions or omissions of any third party independent
service providers. SG ASSIST shall not be liable for any cancellation
or delay of an appointment, consultation or interview with the
Healthcare Partner(s) and any consequences or events that may arise
pursuant to the scheduling of such appointment, consultation or
interview with the Healthcare Partner(s).
RESPONSIBILITY FOR SERVICES.
I acknowledge and accept that SG ASSIST is not responsible, directly or
indirectly, for the Services received by me or for the acts or
omissions of any Healthcare and Service Partners assigned to me through
the SG ASSIST platform. I also acknowledge and accept that SG ASSIST is
not a medical or healthcare service provider, that it is my
responsibility to monitor the services provided by SG Assist’s
Healthcare and Service Partners. If an emergency or urgent medical
situation arises in my case, I understand that I should immediately
contact the relevant medical institutions for emergency medical care.
SALE OF PRODUCTS.
I acknowledge that all risks in Products purchased by me shall pass to
me upon delivery to the address I have provided for delivery or upon
acceptance of the Products by myself or my representative. We are not
responsible for examining or evaluating any products offered by any
third parties whose icons, products or hyperlinks appear on the site.
We make no representations, warranties or conditions regarding the
offerings of any third party
INTELLLECTUAL PROPERTY RIGHTS
. I acknowledge that the SG ASSIST website(s), blog(s), mobile
application(s) and Articles contain material protected by intellectual
property rights such as copyright laws, trademarks, and service marks
of SG ASSIST and licensors of SG ASSIST (collectively, “ Proprietary Material”), which may include, but is not
limited to: knowhow, business methods, databases, proprietary
information, text, written works, compilations, software, photos,
video, graphics, images, data, music and sound. I agree not to modify,
publish, copy, compile, transmit, participate in the transfer or sale
of, create derivative works of, or in any way exploit, in whole or in
part, any Proprietary Material without the prior written consent of SG
NO PERFORMANCE GUARANTEE
. I acknowledge and agree that whilst SG ASSIST will use its best
endeavours to procure the appropriate Healthcare and Service Partners
to address my needs, SG ASSIST does not guarantee that the Articles,
Products, Services or the services rendered by the Healthcare and
Service Partners assigned to me shall be effective to meet my medical
needs or other personal requirements.
The Products, Articles or Services may include recommendations, but all
decisions in connection with the implementation and acceptance of such
recommendations shall be the responsibility of, and made by, me. In
connection with how and when services are to be dispensed by SG ASSIST
or the Healthcare and Service Partners, SG ASSIST shall be entitled to
rely on all of my decisions and approvals.
The Articles, the sale of Products, the performance of the Services
and/or the provision of services by the Healthcare and Service Partners
do not constitute (i) medical advice or diagnosis; or (ii) a
recommendation regarding the treatment of any illness or disability.
ACCURACY OF INFORMATION.
I acknowledge and accept that the satisfactory or adequate performance
of the Services and/or the services by the Healthcare and Service
Partners are heavily dependent upon me having provided all relevant
materials and information and answered SG ASSIST’s questions fully and
accurately. SG ASSIST has no responsibility to ensure the accuracy or
completeness of the information provided by me even if SG ASSIST had
reason to know or should have known of such inaccuracy or
SG ASSIST shall not be liable for any loss, damages, costs or expenses
incurred by me in connection with or arising from the Products,
Articles, Services or the services provided by the Healthcare and
Service Partners. SG ASSIST shall not be responsible nor liable for any
complications (including without limitation medical complications) or
other consequences that may arise from the provision of the Products,
Articles, Services or from any services provided by the Caregiving
Specialist. I explicitly acknowledge and agree that I shall not make
any claim against SG ASSIST in relation to any consequences that may
arise from the provision of the Products, Articles, or Services by SG
ASSIST or the services by the Caregiving Specialist regardless of
whether negligence has been established.
LIMITS ON LIABILITY.
Without prejudice to the provisions herein, I hereby
acknowledge and agree that in respect of all causes of action which
might accrue to me under these Terms (if any), SG ASSIST’s maximum
liability (regardless of form of action, whether in contract, tort or
otherwise) for all causes of action that takes place during a calendar
year shall in no event exceed the total amount of fees paid by me to SG
ASSIST during the same calendar year as when the said causes of action
accrue. I hereby acknowledge and agree that in no event shall SG ASSIST
be liable for any loss of income or profits whether these arise as
direct or indirect losses. I further acknowledge and agree that SG
ASSIST shall not be liable for any consequential, special, incidental
or punitive loss, damage or expense even if I have been advised of
their possible existence.
SG ASSIST, its subsidiaries, officers, directors, employees, and
suppliers provide the Products, Articles and Services “as is” and
without any warranty or condition, express, implied or statutory. SG
ASSIST, its subsidiaries, officers, directors, employees and suppliers
specifically disclaim all implied warranties including warranties of
merchantability, performance, fitness for a particular purpose and
non-infringement. In addition, no advice or information (oral or
written) obtained by me from SG ASSIST shall create any warranty.
For providing the Services, SG ASSIST shall from time to time have
arrangements/tie-ups with the Healthcare and Service Partners, business
partners of SG ASSIST or such other third party for the offering of
such Ancillary Services that SG ASSIST may from time to time deem fit.
These Ancillary Services may be availed by me, at my option at my sole
cost and expense. I hereby acknowledge and agree that I shall not make
any claim against SG ASSIST in relation to any deficiency or defect in
the Ancillary Services provided by the Healthcare and Service Partners,
business partners of SG ASSIST or such other third party offering these
AGREEMENT NOT TO ENGAGE PROVIDERS OF SERVICES DIRECTLY.
I agree: (A) not to by-pass the use of the Platform; and (B) not to
engage the Services of Healthcare and Service Partners directly. I
acknowledge that SG ASSIST is entitled to terminate these Terms and its
relationship with me without prior notice, at any time if I breach the
terms of this Clause.
DISPUTE RESOLUTION AND RELEASE.
In the event a dispute arises between me and one or more of the
Healthcare and Service Partner(s), Product manufacturers, business
partners of SG ASSIST or such other third party, I hereby release SG
ASSIST (and SG ASSIST’s officers, directors, agents, subsidiaries,
joint ventures and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. SG ASSIST may, for
my benefit, try to help me resolve disputes, provided always that, any
such assistance is provided only in SG ASSIST’s sole discretion and SG
ASSIST has no obligation to resolve disputes between the foregoing
parties. To the extent that SG ASSIST attempts to resolve a dispute, SG
ASSIST will do so in good faith based solely on SG ASSIST’s policies.
SG ASSIST will not make judgments regarding legal issues or claims.
I hereby represent and warrant that all information and documentation
disclosed by me and/or contained in the membership registration form
(including without limitation any medical reports and transcripts) are
true and correct. I further acknowledge and agree that SG ASSIST shall
not be liable for any disclosure that I may make with regard to my
medical/confidential/personal/familial information, history or
condition or other records as disclosed through direct or mediated
means by me to SG ASSIST (“Information”). I agree that SG ASSIST shall
have the right to disclose the Information to the Healthcare and
Service Partner(s), business partners of SG ASSIST or such other third
party and their employees as necessary in discharge of the desired
Services, in such manner as SG ASSIST may deem fit. I acknowledge that
SG ASSIST shall not be liable for non-disclosure or incomplete
disclosure of any Information to the Healthcare and Service Partner(s),
business partners of SG ASSIST or such other third party and their
employees, nor shall SG ASSIST be liable for the use, non-use or misuse
of Information by Healthcare and Service Partner(s), business partners
of SG ASSIST or such other third party and their employees.
SG ASSIST may choose to maintain copies of the Information on a portal
(of the Platform) wherein all such Information shall be stored and if
so, SG ASSIST may at its discretion grant me a secured access to the
portal created by SG ASSIST to ensure easy access to the Information (“ Portal”) and I agree my access to the Information on
the Portal shall be in compliance with and subject to these Terms or
the separate terms and conditions of use of the Portal, if any, which
may change from time to time. I also agree that I shall be solely
responsible for any misuse of my access (log in rights) on the said
Portal. I acknowledge that I shall at all times provide updated
Information to SG ASSIST and SG ASSIST shall, based upon such updates,
update the Information stored on the Portal. I further acknowledge and
agree that Information provided by me may be stored on third party
storage facilities which may not be entirely within the control of SG
ASSIST. I hereby give my consent to the storage of Information on such
third party storage facilities and shall hold harmless SG ASSIST
against any and all claims, costs, losses, expenses and demands arising
out of or in connection with the storage of the Information in such
third party storage facilities .
INFORMATION TO AND FROM THIRD PARTIES.
I hereby acknowledge that it is necessary for the provision of the
Services that SG ASSIST to obtain information from, or provides
information to, third parties such as hospitals about me or the persons
no whose behalf I am using the Services, and hereby authorise SG ASSIST
to do so, and I hereby agree to hold harmless SG ASSIST from and
against any and all claims, costs, losses, expenses and demands arising
out of or in connection with the same.
TRANSMISSION OF DATA.
SG ASSIST will use commercially reasonable methods to secure the
transmission of data over the Internet. I acknowledge and agree that no
means of transmission over the Internet can be 100% secure and I shall
hold SG ASSIST harmless against any and all claims, costs, losses,
expenses and demands arising out of or in connection with the
transmission of information I provide over the Internet.
FEES AND CHARGES.
I shall pay SG ASSIST all charges and fees invoiced to me for the
provision of the Services within 10 days from receipt of the invoice.
SG ASSIST shall have the right to modify the fees and charges in
relation to the Services (or any part thereof) and the Ancillary
Services that may be available to me through SG ASSIST’s online
platform or from the Healthcare and Service Partners, business partners
of SG ASSIST or such other third party offering these Ancillary
Services, from time to time, without any requirement of giving any
prior notice. I acknowledge and agree that SG ASSIST shall be entitled
to charge and I shall be liable to pay for the Services according to SG
ASSIST’s standard price list from time to time in force (which price
list is available for download at http://www.sgassist.com). In
the event of any cancellation or rescheduling of any appointment
between me and any Healthcare and Service Partners, I agree that SG
ASSIST shall be entitled to charge and I shall be liable to pay the
prevailing SG ASSIST charges applicable to such cancellation or
rescheduling, as notified by SG ASSIST to me in connection with the
setup of the appointment between me and any Healthcare and Service
Partners. If any fees and charges from me are overdue, SG ASSIST may,
at its absolute discretion and without prior notice, terminate these
Terms or suspend any Services or the delivery of services by Healthcare
and Service Partners.
I acknowledge and agree that if and when making payment online: (a) I
will be taken away from the Platform and directed to the payment
gateway used by SG ASSIST, via a secure connection, through which I
will provide my credit card or other payment information, so that it
may be passed to a third party payment processor for payment; (b) my
payments may also be subject to the terms and conditions and privacy
policies of such third parties; and (c) SG ASSIST will have no access
to my credit card or account numbers and information when I make a
payment online and SG ASSIST and its affiliates, officers, directors
and employees, disclaim all liability in connection with any third
party’s use or misuse of the same.
CHANGE OF TERMS.
The availability of Products and the Services provided by SG ASSIST and
the terms and conditions herein are subject to change by SG ASSIST,
without any requirement of giving prior notice to me. SG ASSIST further
reserves the right to modify or terminate any Service, Ancillary
Service, Product or Article (including without limitation their
provision thereof) for any reason, without notice, at any time.
TERM AND TERMINATION.
SG ASSIST reserves the right to terminate these Terms and its
relationship with me without prior notice, at any time.
SG ASSIST shall not be liable for its failure to perform under these
Terms if such non-performance results from the occurrence of any force
majeure events like acts of God, fire, wars, sabotage, civil unrest,
labour unrest, action of statutory authorities or local or central
governments, or change in laws, rules and regulations, affecting the
performance of SG ASSIST.
I agree to keep strictly secret and confidential, and shall under no
circumstances disclose to any third party or entity, any information
obtained by me in the course of receiving the Services including the
names and particulars of Healthcare and Service Partners or the parties
providing the Ancillary Services, unless with the prior written consent
of SG ASSIST.
PERSONAL DATA PROTECTION ACT.
I acknowledge and agree that the provision of any Products or Services
by SG ASSIST to me shall be subject to my giving consent to SG ASSIST
for the collection, use and disclosure of my personal data in
(a copy of which is available for review at http://www.sgassist.com/page/privacy
and the terms of which I acknowledge to have read and understood). I
hereby give my consent for SG ASSIST to collect, use and disclose my
personal data in accordance with SG ASSIST’s Personal Data Protection
GOVERNING LAW AND DISPUTE RESOLUTION.
These Terms are governed by the laws of Singapore. I agree to submit
any dispute arising out of or related to these Terms, to arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore
International Arbitration Centre (“SIAC Rules”) for the time being in
force, which rules are deemed to be incorporated by reference in this
SG ASSIST shall have the right to assign these Terms without my prior
If any provision, hereunder becomes, in whole or in part, invalid or
unenforceable but would be valid or enforceable if some part of that
provision was deleted, that provision shall apply with such deletions
as may be necessary to make it valid. If any court or tribunal of
competent jurisdiction holds any of the provisions, hereunder unlawful
or otherwise ineffective, the remainder shall remain in full force and
the unlawful or otherwise ineffective provision shall be substituted by
a new provision reflecting the intent of the provision so substituted.
Any notices or other information required or authorised by these Terms
to be given by either Party to the other may be given by hand or sent
(by pre-paid post, facsimile transmission or comparable means of
communication) to the other party at such address (including electronic
mail address) as may be notified by the party concerned in writing from
time to time.
RIGHTS OF THIRD PARTIES.
These Terms is entered into by the parties hereto exclusively for the
benefit of the Parties hereto. Nothing in these Terms shall confer or
be deemed to confer any right or benefit on any third party (including
any third party identified or introduced by me for the purposes of
these Terms) and nothing in these Terms shall be enforceable or relied
upon in any way by any third party against any party hereto.
Notwithstanding any provision herein, the parties hereto may at any
time and from time to time, by mutual agreement, vary or rescind these
Terms without the consent of any third party.