Connecting You to Our Specialists in Asia
Private Care Within Your Reach
Terms of Use
- Singapore Medical Group Limited (“SMG” and references herein to “we”, “our”, and “us” are to SMG) own, maintain and operate the SMG Health Plus mobile application (“App”) and the associated SMG Health Plus website: [ ] (“Website”) (and the App and the Website shall collectively be referred to as the “Platforms” and each a “Platform”). The products (“Products”) and services (“Services”) available via the Platform may be provided by SMG, SMG’s subsidiaries, its related corporations (as defined under the Companies Act 1967 of Singapore) and group companies, or suppliers, delivery service providers, or other third parties (“SMG Partners”).
- These Terms of Use read together with our Privacy Policy (a copy of which is available at: [https://smg.sg/privacy-policy/]) (“Privacy Policy”) shall apply to and govern your visit to, use, download, access and browsing of the Platforms. These Terms of Use form a legal binding agreement between you and SMG (the “Agreement”).
- This Agreement contains warranty disclaimers and other provisions that limit SMG’s liability to you. By visiting, using, downloading, accessing and/or browsing our Platforms, you acknowledge and agree that you have read and understood these Terms of Use and the Privacy Policy and you acknowledge and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use and/or our Privacy Policy, please discontinue the use of our Platforms and all Services immediately. If you originally agree to these Terms of Use and/or our Privacy Policy, but subsequently decide to withdraw your agreement, you must notify us immediately.
- IMPORTANT: DO NOT USE THE PLATFORMS FOR A MEDICAL EMERGENCY. The Platforms do not provide services for medical emergencies. If you are experiencing any medical emergency or require any urgent care, please consult a doctor, medical practitioner, physician or healthcare professional in person or contact your local emergency services immediately.
- SMG may amend and update the Terms of Use at our sole discretion from time to time. Any amendments or revisions to the Terms of Use will be posted on our Platforms, upon which, the amendments or revisions will take effect immediately. You are therefore advised to check our Platforms from time to time to ensure that you are aware of any amendments or revisions to the Terms of Use. By continuing to use, visit, download, access and/or browse our Platforms, after such amendments or revisions have been posted, you acknowledge and agree that you have read and understood the amended or revised Terms of Use and you accept the amended or revised Terms of Use and all of the changes.
- GEOGRAPHIC RESTRICTIONS
SMG is a company registered in Singapore. The Platforms are made available for use by persons located in Singapore only (“Target Market”). SMG makes no claims or representations in relation to the appropriateness or availability for use of the Platforms and the content of the Platforms in any other locations apart from the Target Market. Access to the Platforms and their content from territories where the content or use is illegal, is prohibited. If you choose to visit, use, download, access and browse the Platforms and their content from locations outside the Target Market, you do so on your own initiative and you are responsible for compliance with applicable local laws.
- CONDITIONS OF USE
7.1 As a condition of your usage, you represent, warrant and confirm that:
(a) you are at least 18 years of age and of sound mind. Otherwise, please do not use the Platforms, unless you are supervised by your parent or legal guardian or you have received consent from your parent or legal guardian. By continuing to use the Platforms and thereby agreeing to this Agreement, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the Platforms; (ii) any charges associated with your use of any of the Platforms; and (iii) your compliance with this Agreement. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Platforms immediately;
(b) you have full authority, power and capacity to enter into this Agreement and to perform your obligations hereunder;
(c) you have read and understood the Terms of Use as well as any documents or terms incorporated herein by reference, and agree to be bound by the same;
(d) you will use our Platforms in accordance with the Terms of Use and for lawful purposes as stipulated by law;
(e) you will comply with all applicable local and international laws and regulations when using the Platforms;
(f) you shall not abuse the Platforms in any way, and shall not use the Platforms, or the Products and/or Services for any unlawful purpose, in any manner which is unlawful or violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of SMG or SMG Partners, to breach security on any computer network, or to access an
account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Platforms and the Products and Services made available on the Platforms, or in a manner inconsistent with these Terms of Use;
(g) you will not use the Platforms to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
(h) you will only use our Platforms to purchase Products or Services for yourself or for another person for whom you are legally authorised to act;
(i) in the event that you purchase Products or Services for another person, you will inform such other person about the Terms of Use as well as any other documents or terms incorporated herein by reference that apply to the purchase you have made on his or her behalf, including all rules and restrictions applicable thereto;
(j) you shall not take any action which is intended to, or would reasonably be expected to harm SMG and the Platforms, or which would reasonably be expected to bring SMG into disrepute;
(k) all information supplied by you via our Platforms or otherwise, to SMG or any of the SMG Partners, is true, accurate, current and complete;
(l) you shall not use the Platforms to submit, publish, transmit, post or upload any material that is factually inaccurate, misleading, deceptive, in contempt of any court, defamatory, offensive, threatening, discriminatory, racist, seditious, obscene, pornographic, indecent or otherwise objectionable to the general public in relation to your use of the Platforms;
(m) you shall not infringe our intellectual property rights or those of any third party in relation to your use of the Platforms;
(n) you shall not use the Platforms in a way that could damage, disable, overburden, impair or compromise our systems, databases, servers or security or interfere with other users;
(o) you shall not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the Platforms;
(p) you shall not upload any content that contains software viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
(q) if you have an account with our Platforms, you will safeguard and maintain the confidentiality of, and shall not disclose to any other parties, your account information (including but not limited to your user IDs, password and any one-time passwords that may be issued to you from time to time) and you will be responsible for any disclosure or unauthorised use thereof. Allowing any other person or entity to use your identity for posting on or using the Platforms is not permitted;
(r) you shall not use or attempt to use another user’s account without authorisation or impersonate any person or entity;
(s) if you believe that the security of your account information has been compromised, you shall notify us immediately; and
(t) you shall not use the Platforms in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Platforms, or which may expose us or our users to any harm or liability of any type.
7.2 You undertake and agree to notify SMG immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.
7.3 Information you provide including but not limited to your medical or health history, symptoms, drug allergies, photographs, laboratory test results or diagnostic images furnished / uploaded by you to SMG or SMG Partners must be accurate and relate to yourself or to your child or ward (as applicable). Additionally, you agree to update and maintain such information via the Platforms to ensure that it is true, accurate, current and complete at all times. You shall be solely responsible for ensuring that such information is true, accurate, current and complete at all times, and SMG shall have no liability for any wrong, inaccurate or incomplete information provided by you. You acknowledge that the quality of the Services provided by SMG or any of the SMG Partners is heavily dependent on the information which you provide. You acknowledge and agree that you may be denied the Services if you refuse to provide any proof of identity and other requested information to SMG or any of the SMG Partners.
7.4 We retain the right at our sole discretion to deny you or any person access to our Platforms, Products and Services, and/or terminate your account at any time without notice and for any reason, including, but not limited to, your violation of these Terms of Use, and in the event that the provision of such use or access to our Platforms, Products and Services to you becomes unlawful or prohibited under applicable laws.
7.5 We do not guarantee the continuous accessibility or uninterrupted operation of the Platforms. We will not be liable to you if, for any reason, access to the Platforms is delayed or unavailable for any period of time.
7.6 To the extent permitted by applicable laws, we may at any time change and for any reason at our sole discretion, change, suspend or discontinue the Platforms, any of its content, and /or your access to part or all of it, without notice and for any reason.
7.7 We regularly update, amend, delete or change any information provided on our Platforms. Although we will endeavour to ensure that all information contained on our Platforms are accurate, we do not represent, warrant or guarantee that all information or prices on our Platforms will be complete and accurate.
- USE AND ACCESS TO THE PLATFORMS
8.1 Subject to your compliance with these Terms of Use, we grant you a limited, non exclusive, non-transferable, non-sublicensable, revocable licence to access, download and use the Platforms for the purposes of obtaining the Products and/or Services. This licence is provided solely for your personal, non-commercial use and enjoyment of the Platforms as permitted in these Terms of Use. No licences or rights are granted to you by implication or otherwise in respect of any intellectual property rights owned or controlled by us or our licensors, except for the licences and rights expressly granted in these Terms of Use.
8.2 Access to some software components used in the Platforms may be offered under third party licences that 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.
8.3 Without prejudice to the generality of the foregoing, you agree that you will not and will not attempt to (and will not, knowingly or otherwise, authorise, allow or assist any third party to):
(a) use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platforms or any portion thereof (including any third-party software), except as expressly permitted in these Terms of Use;
(b) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platforms;
(c) use the Platforms to create any software that is substantially similar to the Platforms;
(d) merge the Platforms or any part of it, or allow it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platforms on devices as permitted in these Terms of Use;
(e) use the Platforms in a way that could damage, disable, impair or compromise the Platforms (or the systems or security of the Platforms or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Platforms;
(f) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements;
(g) use any automated process or service to access and/or use the Platforms; and/or
(h) provide, distribute or share, or enable the provision, distribution or sharing of the Platforms (or any data associated therewith) with any third party.
8.4 Full use of the Platforms is dependent upon your use of a computer with adequate software and/or a supported mobile device, in each case with internet access. It is your responsibility to ensure that you have the required up-to-date software necessary to run the Platforms. The maintenance and security of your computer and/or mobile device (and related operating systems and other software) used to access the Platforms may influence the performance of the Platforms and is your responsibility.
8.5 Data download charges may apply to the download of the App, any upgrades of the App and your ongoing access to and use of the App. You are solely responsible for all such charges.
8.6 By creating an account, you agree that we may send you information text messages as part of the normal business operation of your use, and access of the Platform and receipt of the Services.
- ABOUT THE PLATFORMS
9.1 Please note that while we make available certain general health-related information on the Platforms and provide technical support to enable you to connect with the SMG Partners and to access the Products and Services, the Platforms are not licensed medical devices.
9.2 SMG does not provide any licensed medical or healthcare services, medical assistance or diagnosis and any information provided on the Platforms should not be so construed or used. The content and information made available on the Platforms are of a general nature and should not be treated as substitute for
professional medical advice, diagnosis or treatment by a qualified physician, medical practitioner or healthcare service provider.
9.3 SMG is merely a provider of the Platforms, and other supporting services, and does not provide or engage in healthcare services. Services and Products provided by SMG Partners, are independent from the Services of the Platforms and are outside of our control. SMG does not owe any duty of care to you and shall not be liable for any professional advice you obtain from any SMG Partners or any acts or omissions of any SMG Partner you engage through the Platforms.
9.4 Any opinions, advice or information expressed by an SMG Partner are those of the SMG Partner’s alone and do not reflect the views or opinions of SMG.
- PRODUCTS / SERVICES
10.1 Health Screening Services: The Health Screening Services which you may purchase with the Health Screening Packages are provided by SMG Partners, and not SMG. The relevant SMG Partner alone (and not SMG) is responsible for honouring any appointment. Your dealings or communications with any SMG Partner are solely between you and such SMG Partner. Any information, opinion, advice, recommendations and/or reports provided by the relevant SMG Partner are those of the SMG Partner alone and do not represent the opinions, advice or recommendations of SMG.
10.2 Health Screening Reports:
(a) The Health Screening Reports are prepared by the SMG Partner you have engaged through the Platforms. Any opinions, advice, or information expressed in such Health Screening Reports are those of SMG Partner you have engaged. SMG does not provide any medical opinions or advice and is not responsible or liable for the contents, views, opinions or advice contained in the Health Screening Reports. Any queries, clarifications or issues relating to the Health Screening Reports should be raised directly with the relevant SMG Partner.
(b) If you have made the purchases through the Platforms, your Health Screening Report will be uploaded to the Platforms. For walk-in patients, the relevant SMG Partner clinic will encrypt and send the Health Screening Report via electronic mail.
10.3 To the extent permitted under the law, SMG makes no claims, representations or warranties as to the effectiveness of any Products or Services made available on our Platforms. Any Services made available on our Apps are for your information only and may not be appropriate for any particular individual or medical condition.
10.4 Our Products and Services are provided at charges to be stipulated by us on the Platforms from time to time.
- MEDICAL ADVICE DISCLAIMER
11.1 You acknowledge and agree that we do not provide any healthcare, medical or diagnostic services through the Platforms. The Platforms merely provide technical support for you to better engage our SMG Partners. To the extent permitted by laws, you acknowledge and agree that we shall have no liability for, and you shall not hold us responsible for, any outcome, consequence or issues arising from your interactions with our SMG Partners via the Platforms.
11.2 If you have any health concerns, pre-existing medical conditions or questions regarding your medical condition, you should consult a licensed, trained physician, medical practitioner or healthcare professional. You should always consult your doctor and obtain professional medical advice when considering or interpreting the information provided on the Platforms.
11.3 Using, visiting, downloading, browsing and accessing our Platforms, or purchasing Products and Services does not create a physician-patient relationship between you and SMG. Nothing contained in our Platforms or in this Agreement is intended to create a physician-patient relationship between you and SMG, or to replace the services of a licensed, trained physician, medical practitioner or healthcare professional, or to be a substitute for medical advice of a licensed, trained physician, medical practitioner or healthcare professional.
11.4 You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in our Platforms. We do not accept any responsibility for any reliance by you on the information provided on the Platforms. Any medical or health concerns should be raised directly with a physician, medical practitioner or healthcare professional. You should never disregard or delay in seeking professional medical advice because of something you read, view or access on the Platforms. SMG is not responsible for any injury or loss that you may suffer as a result of relying on any information on our Platforms, which is not and should not be construed in any way as medical advice.
11.5 Although we make reasonable efforts to update the generic health information provided on the Platforms, we make no representations, warranties or guarantees, whether express or implied, that such information available on the Platforms is accurate, complete or up to date.
- FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained on our Platforms shall constitute financial, legal and/or other professional advice and that no professional relationship of any kind is created between you and SMG. You hereby agree that
you shall not make any financial, legal and/or other decision based in whole or in part on anything contained on our Platforms.
- NO WARRANTIES
13.1 Our Platforms, and the Products and Services made available on our Platforms are provided on an “as is” basis without warranties.
13.2 While SMG endeavours to ensure that the content of our Platforms or the Products or Services made available on our Platforms satisfy government regulations, to the extent permitted under applicable laws, SMG shall not be held liable for any breach of government regulations which does not result from SMG’s acts or omissions, and/or which is beyond SMG’s reasonable control.
13.3 To the extent permitted by applicable laws, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Use are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, SMG disclaims any liability in relation to the same to the maximum extent permitted by applicable laws.
13.4 We make no warranties that the Platforms are free of infection by computer viruses or other unauthorised software.
- LIMITATION OF LIABILITY
14.1 Content published on our Platforms (including but not limited to information on the Products and Services) (collectively, “Content”) may include inaccuracies or errors. To the maximum extent permitted under applicable laws, SMG does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the Content. SMG makes no representations about the suitability of the Content, Products and Services published on the Platforms for any purpose, and the inclusion or offering of any Products or Services on the Apps does not constitute any endorsement or recommendation of such Products or Services by SMG.
14.2 Save for any personal injury or death directly caused by SMG’s negligence or breach of contract which cannot be excluded under applicable laws, under no circumstances shall SMG be liable to you or any other person for any losses, damages and/or claims, including any direct, indirect, special, incidental, exemplary, consequential or other damages, under tort, contract, strict liability or otherwise, sustained or incurred by you or any other person resulting from:
(a) your access to and use of our Apps or relying on any information on our Platforms;
(b) any computer viruses, information, software, linked sites, Products and Services obtained through the Apps;
14.3 Without limiting the generality of the foregoing, SMG shall have no liability for:
(a) any loss or injury caused, in whole or in part, by SMG’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through the Platform;
(b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery or transmission of such information, any communications failure, Internet access difficulties or malfunctions in equipment or software;
(c) any decision made or action taken or not taken in reliance upon such information;
(d) any deficient or inappropriate services being provided by SMG Partners;
(e) any deficient or inappropriate medication, treatment or services (including medical negligence) being provided by any of the SMG Partners;
(f) any inconvenience or losses suffered by you due to the failure of the SMG Partners to provide agreed services at the appointed time;
(g) cancellation or rescheduling of any booked appointment;
(h) any adverse effect that might arise subsequent to using the services of the SMG Partners, whether or not you have selected on the basis of information available on our Platforms and/or with whom you have established a connection and/or made any appointment through the Platforms; or
(i) any error in the medical reports (including any Health Screening Reports) provided by any SMG Partners.
14.4 If, despite the limitation above, SMG is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, in no circumstances will the aggregate liability of SMG, whether in contract, tort or otherwise, for damages to you under this Agreement exceed SGD 100 or the total amount paid by you to us in the twelve (12) months preceding the incident giving rise to such liability, whichever is the higher.
14.5 Neither party excludes its liability in respect of:
(a) death or personal injury caused by the negligence of that party, its servants or agents;
(b) liability for fraud or fraudulent misrepresentation, wilful misconduct; or
(c) any other liability which may not otherwise be limited or excluded under applicable laws.
- LINKS TO THIRD PARTY WEBSITES
15.1 We are not liable or responsible in any way for any user generated content. We do not have control or supervision over, and are not responsible for, what users access through our Platforms and are not responsible for any inappropriate, offensive, obscene, infringing, unlawful or otherwise objectionable or illegal user generated content you may encounter on our Platforms or arising from your use of our Platforms.
15.2 The Platforms may contain links to other websites (“Linked Websites”) owned and/or operated by third parties who are not related or affiliated to us. The Linked Websites are not under our control or supervision and we are not accountable or responsible for the content of any Linked Websites or any hyperlink contained therein, and make no representation or warranty with respect to the content of any such third party sites.
15.3 SMG provides these links to you solely for the purpose of convenience and the inclusion of any link does not imply any endorsement or approval of the Linked Websites by SMG. Your link to any such Linked Website is entirely at your own risk. SMG is not a party to any transaction or arrangement between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of such site.
15.4 Our Platforms may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply a recommendation or endorsement by SMG of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law, SMG accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
- INDEMNITY
16.1 To the fullest extent permitted under applicable laws, you shall indemnify, defend and hold harmless SMG, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against claims or demands,
causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from (but are not limited to):
(a) any violation of applicable law or the rights of any third party that occurs through your use of the Content, Platforms, Products or Services;
(b) your wrongful or unlawful use of the Platforms;
(c) your breach or violation of any term of this Agreement;
(d) your breach of any representation or warranty that you make under this Agreement;
(e) your act or omission in contravention of this Agreement or any failure to carry out your obligations under this Agreement;
(f) any action taken by us as part of our investigation of a suspected breach of these Terms of Use or as a result of a finding or decision that a breach of these Terms has occurred; and/or
(g) any other wilful misconduct, default, wrongful or unauthorised acts or wilful omission or contravention of any laws, regulations and rules on your part.
16.2 We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
- CLAIMS AGAINST SMG
To the extent allowed by applicable laws, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Platforms within two (2) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.
- COMPLIANCE WITH LOCAL LAW
18.1 By accessing the Platforms and using the Services, you confirm that you understand your obligations under the local regulations applicable in the territory in which you are located (“Local Regulations”) and will comply with such Local Regulations.
18.2 The Platforms may be viewed internationally and may contain references to products or services not available or approved in all countries. References to a particular product or service do not imply that such product or service is
appropriate or available for purchase by all persons in all locations, or that we intend to make such product or service available in such locations. We make no representation that any Products, Services or Content described on or available through the Platforms are appropriate or available for use in locations outside of the Target Market. You agree that you access our Platforms, purchase the Products and use the Services on your own initiative and are responsible for compliance with all local law and regulations.
- SMG’S COMPLIANCE WITH LOCAL LAW
19.1 The performance of our obligations under these Terms of Use is subject to the existing law and legal process in the Republic of Singapore, and nothing contained in these Terms of Use is intended to be in derogation of our rights and obligations to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Platforms, purchase or Products and use of Services, or information provided by us with respect to such access, purchase and use.
19.2 No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these Terms of Use shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. Our rights and remedies under or pursuant to these Terms of Use are cumulative, may be exercised as often as we consider appropriate, and are in addition to our rights and remedies under the law.
- PAYMENT
20.1 Prices: The prices of the Products and Services will be set out on the Platforms at the time of your purchase of the Products and Services. The prices may change at any time depending on the suppliers or providers of the Products and Services. However, any changes in prices shall not affect any Products or Services which you have ordered prior to the changes in prices and for which you have already made payment.
20.2 You may book appointments with SMG Partners via the Platforms after you have made payment in accordance with the terms and conditions herein.
20.3 Payment: You shall be responsible for paying the prices of the Products and/or Services that you have ordered as well as any other applicable charges, which may include but shall not be limited to the following:
(a) all applicable taxes;
(b) all transaction or other processing fees charged by the banks or other third parties processing the transaction; and/or
(c) any other related fees.
Payment may be made using your credit card or any other payment methods permitted on the Platforms.
20.4 You also hereby agree and undertake (if applicable) to be personally liable for, and to pay, all fees or charges in accordance with the fees, charges and billing terms in effect at the time they are incurred, and in this regard:
(a) you hereby authorise SMG to bill and charge the debit or credit card registered under your account for any fees or charges as they become due and payable;
(b) in the event that your credit card expires or SMG is otherwise unable to debit the applicable amounts from your debit or credit card, you shall on request immediately furnish SMG with a valid debit or credit card for payment or such information as SMG may require;
(c) you agree that your request for the Products and/or Services through the Platforms will not be fulfilled until full payment has been received and/or verified.
20.5 SMG’s assessment of the fees and charges is conclusive, final and binding on you. You must pay all fees and charges in advance, and they are non-refundable except as otherwise allowed under these Terms of Use or any applicable refund policies that may be communicated to you.
20.6 Third Party Payment Processors: SMG may use third party payment processors and agents (“Payment Processors”) to process payments. The processing of payments may be subject to the terms of use and privacy policies of those Payment Processors and are not accessible or controlled by SMG. You should review these terms and conditions carefully. SMG is not responsible for the acts or omissions of the Payment Processors. By making payment for the Products and/or Services or providing us with your credit or debit card details (or details of any other payment instrument), you agree to pay SMG, through the Payment Processors, all applicable fees and you agree and authorise SMG and applicable Payment Processors to charge all such sums (including all applicable taxes, transaction fees or other processing fees and/or related fees) to your credit card, debit card or other payment instrument as you may specify. You also hereby consent to the disclosure by SMG of your debit or credit card information and associated payment information to the designated Payment Processor, for the purpose of collecting the fees and charges.
- CANCELLATION, EXCHANGES AND REFUNDS
21.1 Notwithstanding any provisions of these Terms of Use, SMG reserves the right to refuse or cancel any order, wholly or in part, for any reason.
21.2 In the event that SMG refuses or cancels any order for any reasons unrelated to any wrongdoings or failure to comply with the Terms of Use on your part, SMG shall refund to you the fees paid for the Products and/or Services that have been refused or cancelled.
21.3 Unless as otherwise determined by SMG in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased Products, missed appointments, or any other orders by you, once payment has been made by you via our Platforms.
21.4 In respect of appointments with SMG Partners booked through the Platforms:
(a) in the event you miss or fail to turn up for a scheduled appointment, you will not be entitled to any refunds;
(b) in the event that your Health Screening Package has expired, you will not be entitled to any refunds;
(c) you are permitted to reschedule the date of your appointment any time before your scheduled appointment date, provided that the Health Screening Package purchased with SMG has not expired, and subject to availability. The rescheduled appointment date must not fall on a date after the expiry of the Health Screening Package;
(d) once the appointment has been booked, you are not permitted to change the location or clinic for your scheduled appointment through the Platforms. You must call up the relevant SMG Partner clinic if you wish to change the location or clinic for your scheduled appointment;
(e) SMG and SMG Partners reserve the right to charge an administrative fee for rescheduling any cancelled or missed appointments;
(f) SMG and SMG Partners reserve the right to decline to any requests to reschedule any cancelled or missed appointments.
21.5 For the avoidance of doubt, no refund shall be made to you in the event that your orders for Products and/or Services are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with the Terms of Use on your part. Further, SMG reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with the Terms of Use on your part.
- VOUCHERS
22.1 Vouchers may be redeemed for the Products and/or Services offered on the Platforms, and are subject to the terms and conditions as set out in the voucher or as separately notified to you (“Voucher T&Cs”).
22.2 Unless otherwise stated in the Voucher T&Cs or otherwise required by law:
(a) vouchers cannot be returned or refunded in any currency, are not for resale, are not transferable and neither can they be redeemed in cash;
(b) vouchers cannot be redeemed against any taxes, prior balances or purchases, shipping or handling;
(c) vouchers cannot be combined with any other coupons or promotions unless otherwise noted on the voucher;
(d) duplicate use, sale or trade of voucher is prohibited.
22.3 The person ordering or purchasing a voucher is responsible for ensuring the correctness of all details to which the voucher and the invoice are to be sent.
22.4 SMG shall not be liable or responsible in any way for any lost or stolen vouchers.
- INTELLECTUAL PROPERTY
23.1 SMG retains all rights, title and interest in all of SMG’s intellectual property, including, without limitation, any inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use, reproduce, republish, upload, post, transmit, modify, or distribute any of SMG’s Intellectual Property Rights for any reason whatsoever without SMG’s prior written consent, which may be withheld at SMG’s absolute discretion.
23.2 Without limiting the above, SMG retains all Intellectual Property Rights over the underlying technology, source code and technical information relating to the Platforms, as well as all content and information relating to the Platforms, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Use shall not confer any right, title or interest upon you or any other persons to SMG’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use the
Platforms and the Products and Services made available to you through the Platforms.
23.3 The name, logo, trade mark, trade name, service mark or other symbol (collectively, the “Marks”) displayed on the Platforms are the property of SMG or other third parties and all rights to the Marks are expressly reserved by SMG or the relevant third parties. You are not permitted to use the Marks without the prior written consent of SMG or such third party.
- TERMINATION
24.1 Subject to applicable laws, we reserve the right to terminate, suspend or restrict your access to, or generally cease offering or deny access to part or all of the Platforms or to terminate this Agreement for any reason at any time and in our sole discretion, without prior notice or liability to you.
24.2 If we temporarily suspend, indefinitely suspend or terminate your account, you may not continue to use the Platforms for the relevant period.
24.3 You are entitled to terminate this Agreement at any time by deleting your account on the Platforms.
24.4 After termination:
(a) SMG will have no further obligation to provide the Services. (b) You will no longer have access to your data stored on the Platforms.
(c) Save as required by law and subject to the Privacy Policy, SMG reserves the right to retain, delete or destroy all information communications and materials stored, posted or uploaded to the Platforms pursuant to its internal record retention and/or content destruction policies, including but not limited to your personal data and medical records. We recommend that you keep a backup copy of your data at all times.
24.5 Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you and you shall immediately settle all sum due and payable to us under this Agreement up to the date of termination of this Agreement.
24.6 The expiration or termination of this Agreement shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party. To the extent permitted by applicable laws, Clauses 11 (Medical Advice Disclaimer), 12 (Financial, Legal and other Advice Disclaimer), 13 (No Warranties), 14 (Limitation of Liability), 16 (Indemnity), 17 (Claims against SMG), 21 (Cancellation), 23 (Intellectual
Property), 24 (Termination), and 25 to 32 (inclusive), and other disclaimers, limitations of liability and indemnities contained herein shall survive any termination of this Agreement.
- GOVERNING LAW & JURISDICTION
25.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any conflicts of law principles.
25.2 You hereby agree to submit all claims, disputes, controversies arising from or in connection with this Agreement, the use of the Platforms to the jurisdiction of the courts of Singapore.
- SEVERABILITY
In the event that any term, condition or provision contained in these Terms of Use shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the same shall to that extent be severed from the Terms of Use and the remainder of which shall continue to be valid and enforceable to the fullest extent permitted by law.
- NO ASSIGNMENT
27.1 You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of SMG. Any purported assignment in violation of this Clause shall be deemed null and void.
27.2 We may delegate or subcontract all or part of the work to be performed under these Terms of Use to a third party on such terms as we may deem appropriate.
- RIGHTS OF THIRD PARTIES
28.1 Save where expressly allowed in this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, or as may be modified, supplemented or adapted from time to time, to enforce any of the terms of this Agreement.
28.2 Any subsidiary or related corporation of SMG may enforce this Agreement to the same extent as if it were a party hereto.
- NO RELATIONSHIP
Nothing in these Terms of Use shall be construed to constitute a partnership, agency, or joint venture between you and SMG, and you shall not have, or
represent to any third party whether by words or by actions that you have, the authority or power to bind SMG or to create liability on the part of SMG.
- CONSTRUCTION
In these Terms of Use, unless the context otherwise requires, the headings are inserted for convenience only and shall not affect the construction of these Terms of Use.
- CONTACT INFORMATION
31.1 Should you have any comments and/or queries on the Terms of Use, please contact us at:
Singapore Medical Group Limited
1004 Toa Payoh North #06 – 03/07 Singapore 318995
Telephone: 68178889
Email address: dpo@smg.sg
31.2 In order for us to process your request, please provide us with the following information:
(a) your full name;
(b) your contact number;
(c) your email address; and
(d) details of the nature of your comments and/or queries.
- PRIVACY
32.1 We may collect, use and/or disclose personal data which includes without limitation, name, passport number or other identification number, address, phone number, email address, photograph in connection with your access and use of our Platforms, purchase of Products or use of Services, in accordance with our Privacy Policy.
32.2 We will take necessary steps as mandated by law to safeguard the data you provide or we collect during your interaction with us but we shall not have any responsibility in connection with any unauthorised access, use or transactions of these data.
32.3 [In addition to the terms of our Privacy Policy, by accessing or using the Platforms or any of the Services, you acknowledge and agree that you will receive “push notifications”, email communications and/or SMS notifications from SMG, its related corporations and / or group companies relating to your access to and use of the Platforms.]
32.4 Transfer of Information: Any information you provide to us in connection with your use of the Platforms will be transferred to our SMG Partners or third parties in accordance with our Privacy Policy and the applicable law. By visiting, using, downloading, accessing and/or browsing our Platforms, you consent to such transfer of information, our Privacy Policy and the Terms of Use.
32.5 Please refer to our Privacy Policy, which is hereby incorporated herein by reference, which governs our collection, use and disclosure of personal data.