Terms and Conditions

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Last updated: 3 May 2023

THESE TERMS AND CONDITIONS (“TERMS“), TOGETHER WITH OUR PRIVACY POLICY (https://www.ihhhealthcare.com/data-protection-notice) APPLY TO YOUR ACCESS AND USE OF THE PLATFORM (DEFINED BELOW). BY ACCESSING THIS PLATFORM OR BY USING ANY PART OF THE SERVICES OFFERED BY THE PLATFORM, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT CREATE AN ACCOUNT, OR USE OR ACCESS THE PLATFORM. IF YOU ARE AGREEING TO BE BOUND ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOUR EMPLOYER, OR THE APPLICABLE ENTITY, IS DULY ORGANIZED, VALIDLY EXISTING, IN GOOD STANDING, AND LEGALLY CONDUCTING BUSINESS OR PRACTICE UNDER THE LAWS OF THE COUNTRY IN WHICH IT IS ORGANIZED OR INCORPORATED AND ANY OTHER APPLICABLE LAW; (II) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER, OR THE APPLICABLE ENTITY, TO THESE TERMS AND CONDITIONS; (III) YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (IV) YOU AGREE, FOR YOURSELF AND ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THESE TERMS.

ABOUT THE PLATFORM AND US

The online platform and mobile application, Tuntas, accessible at such location as may be prescribed by us from time to time, together with any of the Services made available through such platform or mobile application (collectively referred to as the “Platform“) is a platform to facilitate the ordering of laboratory consumables and laboratory tests by medical practitioners, reviewing of results and the fulfilment of orders through collection and delivery of test samples and consumables. For the avoidance of doubt, save as aforesaid this Platform is not intended to provide or engage in healthcare services and/or health related information and/or electronic medical related services.

The Platform is owned and operated by IHH Laboratories Pte. Ltd., an IHH Healthcare Company, registered in Singapore (registered number 198302251E) and our registered office is at 1 Harbourfront Place, #03-02, Harbourfront Tower One, Singapore, 098633 (referred to as “Parkway“, “We“, “Us” and “Our“).

USE AND ACCESS TO THE PLATFORM
1. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform for the purposes of accessing and using the Services. This licence is provided solely for your personal, non-commercial use and enjoyment of the Platform as permitted in these Terms. 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.
2. You agree to comply with any and all the guidelines, notices, policies and instructions pertaining to the use and/or access of the Platform and/or Service, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
3. By accessing or using the Platform, you agree that you will:
  1. not 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 Platform or any portion thereof (including any third-party software), except as expressly permitted in these Terms;
  2. not and will not attempt to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform;
  3. not use the Platform to create any software that is substantially similar to the Platform; or
  4. not merge the Platform 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 Platform on devices as permitted in these Terms.
4. By accessing or using the Platform, you further agree that you will:
  1. comply with all Applicable Law in your access and/or use of the Platform and the Service;
  2. not access and/or use the Platform in any fraudulent or malicious manner, for any unlawful purpose, in any manner inconsistent with these Terms or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
  3. not infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Platform;
  4. not access and/or use the Platform in a way that could damage, disable, overburden, compromise our systems, databases, servers or security or interfere with other users; and
  5. not collect or harvest any information or data from the Platform or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the Platform.
5. We do not guarantee uninterrupted operation of the Platform. We will not be liable if your access to the Platform is delayed or unavailable for any period.
6. To the extent permitted by Applicable Law, we may at any time and for any reason at our sole discretion change, suspend, discontinue, upgrade, modify, discontinue the provision of or remove, whether in whole or in part the Platform and/or Services, any of the content included in the Platform, and/or your access to part or all of the Services, without notice or liability to you.
7. Full use of the Platform 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 Platform. The maintenance and security of your computer and/or mobile device (and related operating systems and other software) used to access the Platform may influence the performance of the Platform and is your sole responsibility.
8. Data download charges may apply to any download of the Platform, any upgrades of the Platform and your ongoing access to and use of the Platform. You are solely responsible for all such charges.
9. The access to and/or use of the Platform is entirely at your own risk and we shall not be liable for any risk of misunderstanding, error, loss, damage or expense resulting from such access to and/or use of the Platform, any claim for which you agree to waive.
10. All instructions issued by you through the Platform shall be deemed to be irrevocable. In particular, you agree that any instructions issued through the Platform that are referable to any of the Security Credentials shall be deemed to be issued by you.
11. We reserve the right, but shall not be obliged to, at any time and from time to time: (i) monitor or screen your user account on the Platform and any and all activities that are referable to such user account, and/or control any activity, content or material provided through the Platform or Service; (ii) remove, block, reject or relocate any User Contributed Data made available through the Platform or Service; (iii) prevent or restrict access of any user to the Platform or Service; and/or (iv) report any activity suspected to be in violation of any applicable law, statutes or regulations to the appropriate authorities and to co-operate with such authorities. You hereby authorise us to access your user account on the Platform for the purposes of investigating any complaints or any suspected violation of these Terms. Without prejudice to the foregoing, we shall be entitled to investigate any suspected violation of these Terms and may take any action we deem appropriate in connection to any violation of these Terms.
OTHER APPLICABLE TERMS/NEW SERVICES
1. In addition to these Terms, the use of specific aspects of the Platform or Service and/or more comprehensive or updated versions of the Platform or Service may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. By agreeing to these Terms, you also agree to such Additional Terms.
2. We reserve the right (but shall not be obliged) to introduce new applications, services, functions and/or features (collectively, “New Services”) to the Platform and/or Service. The term “Service” shall include New Services which are provided at no charge or fee unless otherwise indicated.
3. All New Services shall be governed by these Terms and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall prevail unless otherwise provided.
ORDERS AND TRANSACTIONS
1. You may place Orders for laboratory tests and consumables which are made available for ordering on the Platform. This may require you to provide further details (g. collection and delivery address) in order to set up, supplement or confirm the transaction.
2. Fees for the products and/or services requested for are based on the respective price lists displayed during the checkout process.
3. Any products and/or services requested for by a User via the Platform shall be subject to the terms and conditions of the service agreement and such other terms from time to time entered into between Parkway Laboratory Services Ltd or Pantai Premier Pathology Sdn. Bhd. (collectively, the “IHH Labs”) and the User (being a clinic) (“Service Agreement”). By submitting any Order on the Platform, you hereby acknowledge and agree that such Order shall be processed and fulfilled by the IHH Labs in accordance with and subject to the terms of the Service Agreement.
4. Orders shall be subject to our and/or the IHH Labs’ processing and acceptance at our and/or the IHH Labs’ sole discretion, and shall not be binding until you receive a confirmation on the Platform that the relevant IHH Lab has begun processing the test sample and/or regarding our and/or the relevant IHH Lab’s acceptance of the Order. We and/or the IHH Labs reserve the right to not process any Order if: (i) such Order does not comply with the requirements or terms and conditions applicable to the access and/or use of the Platform (including these Terms) or the Service Agreement, or is otherwise not in the mode or manner required by us and/or the IHH Labs; (ii) we and/or the IHH Labs are prohibited from processing such Order by reason of any Applicable Law; or (iii) for such other reason as we and/or the IHH Labs may deem appropriate at its sole discretion.
YOUR OBLIGATIONS WITH RESPECT TO USER CONTRIBUTED DATA
1. You represent and warrant in respect of User Contributed Data that:
  1. it will not: (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances;
  2. you have the necessary rights, licenses, consents, and permissions to submit, use and authorise us to use the User Contributed Data; and
  3. all the User Contributed Data (whether at the time of submission or posting or subsequent thereto) is true and accurate to the best of your knowledge and that you will keep the data up-to-date.
2. You further agree not to: (a) 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; (b) use or attempt to use another user’s Account without authorisation, or impersonate any person or entity; (c) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (d) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (e) use the Platform in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Platform, or which may expose us or other users to any harm or liability of any type.
3. By making User Contributed Data available on or through the Platform, you hereby grant to us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free licence to use, store, transmit, create derivative works from, and distribute User Contributed Data, in whole or in part, for the purpose of making the Services available to you via the Platform and for the purposes you have instructed or requested.
USE OF DATA
1. In addition to the terms of our Privacy Policy (https://www.ihhhealthcare.com/data-protection-notice), by accessing or using the Platform or any of the Services, you acknowledge and agree that you will receive “push notifications”, emails and/or SMS notifications from Parkway relating to your access to and use of the Platform.
2. By accessing the Platform and/or using the Services, you agree that all personal data that we collect from you or otherwise process as part of our operation of this Platform will be collected, used, disclosed and/or processed in accordance with and for the purposes as set out in the terms of our Privacy Policy (https://www.ihhhealthcare.com/data-protection-notice), as may be updated and/or amended by us from time to time, and includes the following purposes:
  1. to provide you with access to and use of the Platform and/or Service;
  2. to process payments and transactions;
  3. to respond to, handle, and process queries, requests, applications, complaints, and feedback from you;
  4. to manage your relationship with us;
  5. to conduct research, analysis and development activities (including, but not limited to, data analytics, surveys, product and service development and/or profiling), to monitor and analyse how you use the Platform and Service, to improve the Platform and Service and/or to enhance your user experience;
  6. to update our records and to maintain your user account on the Platform;
  7. to respond to legal processes or to comply generally with any applicable laws, governmental or regulatory requirements of any relevant jurisdiction (and any applicable rules, codes of practice or guidelines), including, without limitation, meeting the requirements to make disclosure under the requirements of any applicable laws or assisting in law enforcement and investigations by relevant authorities;
  8. for any other purposes for which you have provided the information; and
  9. for any other incidental business purposes related to or in connection with the above.
3. In respect of any personal data of others which you disclose to us (whether or not by submission through the Platform), you hereby warrant that you would have (prior to disclosing such personal data to us) provided all required notices to, and obtained legally valid consent from the relevant individual whose personal data is being disclosed, to permit you to disclose the individual’s personal data to us, and to permit us to collect, use and disclose the individual’s personal data, for the purposes set out in our Privacy Policy.
YOUR INTERACTION WITH THIRD-PARTY SITES AND CONTENT
1. The Platform may include links to sites on the Internet that are owned and operated by third parties (“Third-Party Sites“), and if you choose to access these sites, you agree to review and accept and abide by the terms of use of these Third-Party Sites and you understand we have no control over, and to the fullest extent permissible by Applicable Law, we exclude all liability for and do not assume any responsibility for material created or published by such Third-Party Sites. Any inclusion of the links to the Third-Party Sites does not mean that we endorse or approve the content, advice or services included therein.
2. You acknowledge that content and services from such third party providers, including websites or webpages owned, operated and maintained any third party (“Third Party Content”), may be included or provided through the Platform and/or Service and that any access and/or use of such Third Party Content may be subject to further terms and conditions as may be prescribed by the relevant third party provider. Neither us nor such third party provider shall be liable for any errors or delays in the Platform and/or Service or any part thereof (including the Third Party Content), or for any actions taken in reliance thereon. We are under no obligation to monitor or review Third Party Content through the Platform and/or Service, and assume no responsibility or liability for any liabilities, damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) arising from or in connection with any such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, inaccuracy or any other objectionable material contained in any such content.
ACCOUNT AND SECURITY
1. When you register with us, you will be asked to create an Account. To register and create an Account, you shall follow the relevant instructions on the Platform. In particular, you shall fully, accurately and truthfully complete the registration profile and provide such other requested or required information.
2. Access to and use of certain functions or features on the Platform is restricted to users who have registered and created an Account on the Platform. You shall not obtain or attempt to obtain unauthorised access to any part of the Platform, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act 1993 of Singapore and/or the Computer Crimes Act 1997 of Malaysia.
3. Access to and use of the Platform will only be granted through the use of Security Credentials in accordance with the latest instructions, notices, policies and directions issued by us. Where applicable, you shall change the Security Credentials from time to time. You hereby agree to keep the Security Credentials confidential and secure and to take all necessary measures to prevent the use of the Security Credentials by any other persons. You agree that you are liable for all consequences arising from any loss, disclosure, use or misuse (whether such use is authorised or not) of the Security Credentials. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Security Credentials has been compromised or if there has been any unauthorised use of the Security Credentials.
4. You agree and acknowledge that any use or purported use of or access to or purported access to the Platform referable to the relevant Security Credentials shall be deemed to be access to and/or use of the Platform by you, and you agree to be bound by any access and/or use of the Platform (whether or not such access or use are authorised by you) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
5. You agree and acknowledge that it is your duty to notify us promptly of any changes to your employment or work status (e. resignation, termination of employment, suspension or termination of authorisation or licence to practice) vis-à-vis the clinic or practice through which you have registered for this Account, or when any access amendments are required to your Security Credentials. You agree and acknowledge that should your clinic or practice cease operations or is transferred to new owners, you shall inform us immediately and all the Security Credentials which are tagged to your practice shall be disabled and no longer valid to access the Platform.
GEOGRAPHIC RESTRICTIONS
1. We provide this Platform only for use by residents of Singapore and Malaysia (“Target Markets“). We make no claims or representation that the Platform is accessible or compliant with applicable requirements outside of the Target Markets. If you access the Platform from outside the Target Markets, you acknowledge and agree that you do so on your own initiative and risk and are responsible for compliance with local laws. Personal data will be processed in accordance with the principles set out in our Privacy Policy, which is compliant with requirements in the Target Markets (as applicable).

TERMINATION/SUSPENSION
1. Subject to Applicable Law, we reserve the right to terminate, suspend or restrict your access to part or all of the Platform and/or invalidate your Username and Password for any reason at any time and in our sole discretion, without notice or liability to you.
2. If we temporarily suspend, indefinitely suspend or terminate your Account, you may not continue to use the Platform using the same Account for the relevant period. Upon termination, you will no longer have access to any User Contributed Data stored in the Platform. We are not responsible for maintaining a backup of User Contributed Data after termination. We recommend that you keep a back-up copy of User Contributed Data at all times.
3. You are entitled to terminate the Terms at any time by deleting your Account.
4. Termination of these Terms for any reason shall not affect your obligation to make full payment of any fees payable if such fee has not already been paid, and shall not prejudice any other obligation on your part which has accrued up till the date of such termination.
MODIFICATIONS TO THESE TERMS
1. We may revise these Terms at our sole discretion and at any time and from time to time. We will notify you of such revisions by posting the revisions on the Platform or such other method of notification as may be designated by us (such as via email or other forms of electronic communications), which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the revisions, you shall immediately cease all access and/or use of the Platform and Service. You further agree that if you continue to use and/or access the Platform and/or Service after being notified of such revisions to these Terms, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms and its revisions; and (ii) agreement by you to abide and be bound by these Terms and its revisions.
2. We may modify or discontinue any features, services, tools, directories or content that form part of the Platform at our sole discretion and at any time and from time to time without notice or liability to you.
UPDATE TO THE PLATFORM
1. From time to time, we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues, or any other reason. Alternatively, we may ask you to download updates of the Platform made available by us.
2. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the Platform and the Services.
INTELLECTUAL PROPERTY
1. “Tuntas Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, source code, pages, documents, trademarks, names, logos, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services, but excludes User Contributed Data.
2. The Tuntas Content, the Services, and their underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Singapore, Malaysia and other countries. All copyright and other intellectual property and proprietary rights in the Tuntas Content belong to us or our licensors unless otherwise indicated and we reserve all rights not expressly set out in these Terms.
3. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform. Our logos and any other trademarks that may appear in the Platform, and the overall look and feel of the Services delivered by the Platform, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned in the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
WARRANTIES
1. The Platform and Service and all Tuntas Content are provided “as is” and “as available”. No warranty of any kind, implied, express or statutory, including any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Platform or Service, or any information and materials provided through the Platform or Service. Without prejudice to the generality of the foregoing, we do not warrant: (i) the accuracy, timeliness, adequacy or completeness of the Tuntas Content; (ii) that your use of and/or access to the Platform, Service and/or Tuntas Content will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Platform, Service and/or Tuntas Content will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that the Platform, Service and/or Tuntas Content, and your use thereof and/or access thereto, will be safe, secure or immune from any security breach including any unauthorised interception, interruption or modification or any ransomware; and (v) that use of the Platform, Service and/or Tuntas Content by you will not infringe the rights of third parties.
2. We do not give any representations, warranties, guarantees, or any other commitments, or accept any liability, to you in respect of any User Contributed Data.
3. You acknowledge and agree that we do not warrant the security of any information transmitted by or to you using the Platform or Service and you hereby accept the risk that any information transmitted or received using the Platform or Service may be accessed by unauthorised third parties and/or disclosed by us and our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. You shall not hold us or any of our officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any liabilities, damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure, and you agree to waive any claim for the same.
LIMITATION OF LIABILITY
1. NEITHER PARKWAY, ITS AFFILIATES, SUPPLIERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR ANY SERVICES THROUGH THE PLATFORM (INCLUDING ANY SERVICE PROVIDERS) WILL BE LIABLE FOR: (i) ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (ii) LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORESEEABLE AND REGARDLESS WHETHER PARKWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. For the avoidance of doubt, we exclude (without limitation) any liability that arises from or in connection with:
  1. any inaccuracy or incompleteness in, or errors or omissions in the information made available by the Platform;
  2. any access, use or the inability to access or use the Platform and/or Service;
  3. any delay in operation or transmission, communications failure, Internet access difficulties, malfunctions in equipment or software, system, server or connection failure, error, omission, interruption, computer virus or other malicious, destructive or corrupting code, agent program or macros;
  4. any use of or access to any other website or webpage provided through the Platform or Service;
  5. any services, products, information, data, software or other material obtained or downloaded from the Platform and/or Service or from any other website or webpage provided through the Platform or Service or from any other party referred by or through the use of the Platform or Service;
  6. any use or misuse of the Platform or Service; or
  7. cancellation or rejection of cancellation of any order.
3. To the fullest extent permitted by Applicable Law, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Platform.
4. Notwithstanding anything to the contrary, there shall be no limitation of liability with respect to losses arising out of:
  1. losses or damages occasioned by fraud, wilful misconduct, or gross negligence of you and/or us;
  2. losses or damages attributable to death or personal injury; and
  3. any other liability which may not otherwise by limited or excluded under Applicable Law.
5. Our maximum liability to you under these Terms shall not exceed, in the aggregate, SGD 100 or the amount paid by you to us in the twelve (12) months preceding the incident giving rise to such liability, whichever is higher.
6. You agree to waive any claim by you which is inconsistent with the provisions of this Clause 14.
INDEMNITY
1. To the fullest extent permitted by Applicable Law, you agree to indemnify and hold us, our affiliates, our directors, officers, employees, agents, contractors and licensors of us and the directors, officers, employees, agents, contractors and licensors of our affiliates harmless in respect of any suits, actions, demands, disputes, allegations, investigations liabilities, damages, losses, costs, and expenses, including without limitation reasonable lawyers’ fees brought by any person (including yourself), any third party, governmental authority or industry body, arising out of and/or in any way connection with the Platform, including but not limited to the following: (i) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, including the permitted usage restrictions set out in Clause 1; (ii) your wrongful or unlawful use of the Platform; (iii) any User Contributed Data provided by you; (iv) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred; (v) your violation of any law or the rights of a third party; (vi) your access to or use of the Services; and (vii) your use of and/or reliance upon any information made available to you in the Platform.
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.
WAIVERS
1. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any other or any later default by you.
NOTICES

Any notice or other communication in connection with these Terms may be given electronically if sent to the address then most recently notified by the recipient to the sender. Where the notice or communication is given by us to you electronically, it will be deemed to have been received upon delivery (and a delivery report received by us will be conclusive evidence of delivery even if the communication is not opened by you) and where given to us electronically, it will be deemed to have been received upon being opened by us.

FORCE MAJEURE
1. We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Platform’s or the Service’s operation, or for any inaccuracy, unreliability or unsuitability of the contents made available through the Platform or Service if due, in whole or in part, directly or indirectly to an event or failure which is beyond the reasonable our control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures, acts or defaults of any telecommunications network operator or carriers or the acts of a party for whom we is not responsible for).
GENERAL TERMS
1. These Terms together with the Privacy Policy set out the entire agreement and understanding between us in connection with the matters dealt with in these Terms and no party has agreed to these Terms in reliance on any representation, warranty or undertaking of any other party which is not set out or referred to in these Terms.
2. If the terms of these Terms shall in whole or in part be held to be illegal or unenforceable to any extent under any enactment or rule of law, that condition or part shall to that extent be deemed not to form part of these Terms and the enforceability of the remainder of the conditions shall not be affected.
3. The performance of any obligation hereunder may not be assigned, delegated or otherwise transferred by you. We may subcontract all or part of the work to be performed under these Terms to a third party.
4. The electronic records relating to the Services and User Contributed Data kept and/or maintained by us shall be conclusive evidence of the contents thereof. You hereby agree to the admission as evidence in any court in Singapore of,
  1. these Terms in the form of an electronic record; or
  2. any electronic record evidencing or relating to your User Contributed Data, the Platform or the services, maintained or kept by us and any part, copy or computer output thereof, as an original document, and you further agree not to challenge or dispute the admissibility, authenticity or accuracy of such electronic records or computer output thereof.
5. These Terms are not intended to benefit and/or confer any rights or benefits to anyone else other than you and us.
6. You can contact us through the Platform or at the following email address: [email protected]. We will communicate with you by email or via the Platform.
7. These Terms shall be interpreted and enforced in accordance with Singapore law and the parties hereby consent to submit to the non-exclusive jurisdiction of the Singapore courts.
DEFINITIONS

For purposes of these Terms, the following terms have the following meanings:

“Account” means the account created by the User on the Platform for availing the Services provided or facilitated by us;

“Applicable Law” means any: (a) statute, directive, order, enactment, regulation, bylaw, ordinance or subordinate legislation in force from time to time; (b) binding court order, judgment or decree; (c) the common law and the law of equity; and (d) any applicable direction, statement of practice, policy, rule or order set out by a regulator;

“Order” means an order for laboratory tests and consumables made by a User via the Platform;

“Password” means the valid password that you use in conjunction with the Username to access and use the Platform;

“Privacy Policy” means the privacy policy published on our website at https://www.ihhhealthcare.com/data-protection-notice, which may be updated by us from time to time;

“Security Credentials” means the Username, Password, one-time passwords, and other forms of identification or information (if any) issued or prescribed by us from time to time for use to access the Platform.

“Services” means various categories of services made available to Users through the Platform, including but not limited to:

Ordering of laboratory tests: ordering of laboratory tests by medical practitioners, reviewing of results and the fulfilment of orders through collection and delivery of test samples; and
Ordering of laboratory consumables: ordering of laboratory consumables by medical practitioners and the fulfilment of orders through collection and delivery of test samples and consumables.

“User Contributed Data” means any information, text, and/or other materials submitted by you for inclusion and/or posting through the Platform and/or Service;

“Username” means the unique login identification name or code which identifies you; and

“You” or “User” means each such individual user and/or clinic who is given access or use of the Platform by us to utilise the Services provided through the Platform.