Terms & Conditions
Date: 14 June 2021
Attention:
DO NOT USE THE APP OR ITS CONTENTS OR SERVICES IN A POTENTIAL OR ACTUAL EMERGENCY. SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A MEDICAL QUERY ABOUT A MEDICAL CONDITION OR SYMPTOM
1. Definitions
1.1. In these Terms, unless the context otherwise requires the following words or expressions shall have the following meanings:
(a) “App” means the mobile application supplied to you and any associated software as owned and operated by Biorithm Pte Ltd (“Biorithm”), and shall include all modifications, enhancements or updates thereto.
(b) “Biorithm”, “we”, “our” or “us” refers to Biorithm Pte. Ltd.
(c) “Content” means the materials located on this App, including the text, information, graphics, audio, video, as well as any software programs available on or through the App.
(d) “Privacy Policy” means the privacy policy found at the profile section of the App, which provides details of how we collect and store personal information.
(e) “personal data” means data, whether true or not, about an individual who can be identified —
i. from that data; or
ii. from that data and other information to which the organisation has or is likely to have access;
(f) “Services” means the collective functionality and features as provided by us through our App.
(g) “Terms” means the terms and conditions herein, as well as our Privacy Policy.
(h) “User”, “Users” or “you” means the users who are registered with Biorithm or the Healthcare provider that Biorithm is collaborating with for the use of our Services.
1.2. “User Content” means the content a User posts, uploads, publishes or otherwise makes available, privately or publicly, on or through the App. For the avoidance of doubt, this may include information about the User from a third party which the User consents to be transmitted to or shared with Biorithm as anonymised and aggregated data (de-identified), as well as information which the User provides through their usage of the App (e.g. When heart rate measurement is provided through the mobile device.)
2. General Information
2.1. Please review these Terms carefully before using this App.
2.2. By downloading, installing or using the App or by registering with us, or by clicking “ACCEPT”, you acknowledge and agree to be bound by the Terms herein and our Privacy Policy. If you do not agree to these Terms, please do not access or use the App.
2.3. We reserve the right to make changes to these Terms at any time without prior notice to you, as published from time to time at the profile section of the App. By using the App on or after the date on which the Terms have been revised, your use would be deemed as acceptance of the revised Terms.
2.4. The Biorithm service is intended only to record, display, store, and transmit non-physiological data and physiological data to your healthcare provider. The Biorithm service is not intended to diagnose any health condition or provide recommendations to healthcare professionals or patients regarding potentially serious or abnormal health conditions.
2.5. Nothing contained in these Terms shall be so construed as to create any agency, partnership, or joint venture of any kind between the parties hereto.
2.6. No failure by us to exercise and no delay by us in exercising any right, power, or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power, or remedy preclude any other or further exercise of that or any other right, power, or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
2.7. All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without our prior written consent.
2.8. Any one or more clauses, stipulations, or provisions of these Terms, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited, or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
3. Service Offered by BIORITHM
3.1. REGISTRATION
3.1.1. You will need to register an account with us before using our Services.
3.1.2. To register, you must be eighteen (18) years old and above and must complete the registration process. If you are not [18] years old, you and your parent or guardian represent and warrant that both of you have understood and agreed to these Terms. You confirm that all information provided by you is true, accurate, correct and up to date.
3.1.3. You are responsible for the confidentiality of your username and passwords and shall take ownership of all activity under your account. It is important that you protect against unauthorized access of your account and information by choosing your passwords carefully, and keeping your passwords and mobile device secure by signing out after using the Services.
3.2. PROVISION OF ACCOUNT OR SERVICES
3.2.1. We shall have the right to restrict, suspend or delete your account or access to the App, or to restrict, suspend or cease to provide any Services to you at any time at our sole discretion for any reason or no reason. Where such restriction or suspension of Services is due to planned downtimes for maintenance of the App or the Content, this will be communicated in advance on or through the App, or by email.
3.2.2. We may, at our sole discretion, develop and provide updates to the App and the Services including upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You acknowledge and agree that we have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality that does not support the intended use of the device. You should promptly download and install all Updates, failing which you may not obtain the full features and functionality of the App and the Services. By downloading and installing the Updates, whether such installation was automatic or not, you agree that the Updates are deemed part of the App and are subject to the Terms herein.
3.2.3. Biorithm may make compatible hardware or devices available for use with the App and the Services for you to use. You undertake to use these in accordance with the instructions provided and not damage the hardware or devices provided. Where devices are not provided by Biorithm, you are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and the Services and any Updates thereto. Biorithm does not guarantee that the Services or any part thereof will function on any particular hardware or device.
3.2.4. We may make available software to access the Service via a mobile device (“App”). To use the “App” you must have a mobile device that is compatible with the App operating system. Biorithm does not warrant that the “App” will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Biorithm hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for one Biorithm account on one mobile device owned or leased solely by you, for your personal use.
3.2.5. Full use of the Service is dependent upon your use of the Point-of-Care devices (e.g. Blood pressure, Glucose meter), a supported mobile device, connectivity and Internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.
3.3. USE OF SERVICES
3.3.1. Consult with Your Doctor: The Service is not intended to diagnose, treat, cure, or prevent any disease. If you have any medical condition, consult your doctor before using the Service, engaging in a pregnancy-related program or other health care service. If you experience a medical emergency, STOP USING THE SERVICE and consult with a medical professional immediately. We are not responsible for any health problems that may result from services, consultations, products, or events you learn about through the Service. If you engage in any pregnancy-related program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
3.3.2. The Service is not a substitute for your own intuition or the advice of a trained medical professional. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR WHILE USING THE SERVICE, trust your feelings, and consult with a trained medical professional if you have any questions or concerns about your health or pregnancy.
3.3.3. By using the App or our Services, you agree to abide by all the Terms herein, as well as our Privacy Policy.
3.4. GENERAL CONDUCT RULES
You agree that you will not:
a) provide false or inaccurate information when registering for an account on the App or when using the Services;
b) create a false identity for the purpose of misleading others;
c) upload, or otherwise make available, files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's mobile device or property;
d) use another User’s account without consent or permission;
e) make improper use the App or the Services, or for any purpose not reasonably intended by Biorithm; or
f) use the App or the Services in violation of these Terms, or in violation of any applicable laws, rules or regulations
g) which you may be subject to.
3.5. APP USAGE RULES
You further agree that you will not:
(a) interfere or attempt to interfere with the proper functioning of the App or the Services;
(b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) or other products or processes accessible through the App or the Services;
(c) interfere or circumvent any security feature of the App or the Services or any feature which restricts or enforces limitations on use of or access to the App or the Services or any user content;
(d) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(e) assign, lease or sell access to the Services or any part thereof; or
(f) bypass any measure we take to restrict access to the App or the Services; or use any technology or device to scrape, spider, or crawl the Services to harvest data, or publish or link to malicious content.
(g) To not use the Service in a jurisdiction where such use or access is not authorized
3.6. RULE RELATING TO USER CONTENT
We reserve the right to remove any information, data or User Content from the App or the Services at our sole and absolute discretion. By transmitting and submitting any User Content, you further agree that:
(a) you understand and agree that by posting, uploading, submitting or making available User Content on the App, we have the right to display or share such User Content on our platforms or with third parties as we may deem appropriate for the provision of the Services. For the avoidance of doubt, we will not share your personally identifiable information with a third party, except as provided in our Privacy Policy;
(b) you will not post any User Content or other information that is malicious, false, inaccurate or misleading;
(c) you understand and agree that Biorithm does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content that you upload on the App, including but not limited to User Content and that Biorithm has no liability with respect to any such content;
(d) you understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available through your use of the Service is your sole responsibility. Biorithm shall not be responsible for any misuse of your User Content. You also agree and understand that Biorithm cannot pre-screen and monitor all User Content.
3.7. SERVICE BY HEALTHCARE PROFESSIONAL
This App is only a platform that allows Healthcare Professionals to deliver Services to you. The Healthcare Professionals who deliver Services through this App are independent of and are not an agent, legal representative, subsidiary, partner, employee, or servant of Biorithm for any purpose whatsoever. Neither Biorithm nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via this App.
We do not make any representations or warranties about the training, experience, or skill of any Healthcare Professionals. You are ultimately responsible for the selection of the Healthcare Professionals providing Services to you.
3.8. THIRD-PARTY SITE
3.8.1. The App may contain links to other websites or resources on the internet, which are not produced or maintained by Biorithm. Biorithm makes no representation and is not responsible for the content of those websites and shall not be liable for any damages or losses arising from access to those websites. Any content, services, representations made on such websites are solely the responsibility of the operator of those websites and Biorithm assumes no responsibility for any content, the operation or the services provided thereon. Use of the links and access to such linked websites are entirely at your own risk. We are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.
3.8.2. All links to other websites are provided as a convenience to you as a user of the App. In no circumstances shall Biorithm be considered to be associated or affiliated in whatever manner with its operators or any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the App is linked.
3.9. ELECTRONIC DELIVERY
3.9.1. Where appropriate, we use appropriate measures to protect the security of communications made through the App. However, as no data transmission over the internet can be guaranteed to be completely secure, we cannot guarantee the security of any information you transmit to us, and you transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality any communications made through the App.
3.9.2. Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the App is free of viruses or other unauthorized software. You should take appropriate steps to keep your information, software, and equipment secure. This includes clearing your browser cookies and cache before and after using the Services on the App
3.10. COMMUNICATION
3.10.1. All communications between you and Biorithm may be retained by us for our internal records. Save as where expressly provided for in these Terms and our Privacy Policy, we will not reveal such communications to any person, firm, or company and shall not use or attempt to use any such communications in any manner without your permission unless the disclosure is necessary to comply with a legal process; protect the rights, property or safety of Biorithm or another party; enforce this agreement; or respond to any complaints.
3.10.2. You agree and acknowledge that communications between you and Biorithm may be by way of email or by Biorithm uploading notifications on the App or through the Content and that such communication will satisfy any notification requirements in these Terms and the Privacy Policy.
4. INDEMNITY AND LIMITATION OF LIABILITY
4.1. DISCLAIMER OF WARRANTIES AND LIABILITIES
4.1.1. The App and the Content are provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. Biorithm specifically disclaims implied warranties of title, fitness for a particular purpose, the expectation of privacy, non-infringement of intellectual property, or other violation of rights. We do not warrant the accuracy, adequacy, or completeness of the App and/or the Content, and expressly disclaim any warranty:
a. as to the accuracy, completeness, correctness, reliability, currentness, timeliness, non-infringement of the Services or the Content;
b. that the Services or Content are free from any technical, typographical, photographic, or any other errors or omissions;
c. that the App and/or any Content will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that the App and the Content are free from any computer virus or other malicious, destructive, or corrupting code/program.
4.1.2.The Biorithm shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with:
a. your use of the App or the Content;
b. any unauthorized access by any person of your account with us;
c. any access, use, or the inability to access or use this App, or reliance on the materials and/or any information in this App;
d. any system, server, or connection failure, error, omission, interruption, delay in transmission, or computer virus.
4.1.3. We do not provide medical or healthcare services or advice of any sort, and nothing stated or posted on the App should be interpreted as such. Further, the Content does not constitute medical or professional advice. If medical or other professional advice is required, the services of a competent professional should be sought. In particular, we may make available general medical, health, and other related information on the App. These materials are for informational and educational purposes only and do not constitute professional advice, diagnosis, or treatment. You assume full risk and responsibility for the use of information you obtain from or through this App, and you agree that Biorithm is not responsible or liable for any claims, losses, costs, damages, demands, proceedings, liabilities, and expenses that you may incur or suffer, in connection with or arising from any use of the information.
4.1.4. DO NOT USE THE APP OR ITS CONTENTS OR SERVICES IN A POTENTIAL OR ACTUAL EMERGENCY. SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A MEDICAL QUERY ABOUT A MEDICAL CONDITION OR SYMPTOM.
4.1.5. This Clause shall take effect to the fullest extent permitted by the applicable law.
4.2. REPRESENTATION OF WARRANTY
You hereby represent and warrant that:
a. all information provided by you is accurate, complete, and up to date, including but not limited
b. to any medical information, history, or medical reports;
c. you are not contractually and/or legally restricted from registering with us and using the App;
d. you will notify Biorithm promptly of any unauthorized access to or use of the App or the
4.3. INDEMNITY
You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms, our Privacy Policy or otherwise by your use of the App or the Services.
5. Term and Termination of Account
5.1. The term of this Agreement commences when you download and install and/or use the App, and continues in effect until terminated by you or Biorithm in accordance with these Terms.
5.2. You may terminate this Agreement by deleting this App and all copies thereof from your mobile device.
5.3. Biorithm may terminate the agreement with immediate effect without any written notice to you if Biorithm ceases to provide the App, or if you have breached or violated any of these Terms or the Privacy Policy, to be determined at Biorithm’s sole discretion, or where otherwise provided for in these Terms.
5.4. In the event of any termination, you will have no rights to the continued use or access to the App, the Services, the Content, or your account. Biorithm will have no obligation to maintain your account or to retain or forward any information in your account, except as required by the applicable law.
6. Proprietary Right
6.1. You acknowledge and agree that we own, or have the license to use or operate, the App and the Content, including the source and object codes, pages, documents, and online graphics, text, audio, video, and such other content found in the App and any and all intellectual property rights or other proprietary rights used or embodied in or in connection thereto. Unless expressly stated, all rights, title, benefit, and interest in the App and the Content are owned by, licensed to, or controlled by Biorithm. The App and the Content shall not be reproduced, republished, transmitted, or distributed in any way, without our prior written permission.
6.2. Modification of any of the Content or use of the Content for any other purpose will be a violation of copyright and other intellectual property rights of Biorithm. Graphics and images on the App are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners and Biorithm.
6.3. You are granted a limited license to access and use our Services in accordance with these Terms and the Privacy Policy. You agree not to use any device, software or routine to interfere, attempt to interfere with, or disrupt the proper operation of the App or the integrity or performance of the data or software accessible on or through the App. In particular, you agree NOT to:
a. modify or copy the Content;
b. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software available on or through the App;
d. remove any copyright or other proprietary notations from the Content;
e. transfer the Content to another person or device;
f. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any part thereof of the App or the Content;
6.4. frame or “mirror” any portion of the Services or the Content on any other server or into any product or service; or
6.5. reproduce or circumvent the navigational structure or presentation of the App or the Content.
6.6. This license shall automatically terminate if you violate any of the restrictions above, breach any of the terms and conditions, or if your account or access to the App is restricted, suspended, deleted, or terminated by Biorithm. This license may be terminated by Biorithm at any time on written notice to you. Upon termination of this license, you must delete the App and destroy any downloads or copies of the Content in your possession whether in electronic or printed format.
6.7. You hereby grant to us a perpetual, worldwide, transferrable and assignable license to reproduce, publish, disseminate, communicate to the public, or otherwise use the User Content that you upload on the App in accordance with the Terms and our Privacy Policy, including any suggestions, feedback or other information that you may provide relating to the App or the Services.
7. Legal
7.1. Governing Law: These Terms shall be construed and its performance governed in accordance with the law of the Republic of Singapore.
7.2. Dispute Resolution
7.2.1. If you have any disputes or differences arising out of or in connection with these Terms, or any other terms and conditions with Biorithm, including any question regarding their existence, validity or termination, you agree to notify Biorithm (or its representative as notified to the User) of the same in writing. Biorithm shall have the right, but not the obligation, to attempt to resolve the dispute or differences through an informal process within thirty (30) days from the date of receipt of your written notification.
7.2.2. In the event parties are unable to resolve the dispute or differences between you and Biorithm through the informal dispute resolution process stated above, you agree that the dispute or differences shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into this Clause. The Tribunal shall consist of one (1) arbitrator (“Arbitrator”) to be appointed by the Chairman of the Singapore International Arbitration Centre. All arbitration proceedings shall be in the English language. The decision in writing of the arbitrator shall be final and binding on all parties.
7.2.3. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
7.2.4. Notwithstanding the provisions of this Clause, and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
8. Acknowledgement
You acknowledge and agree that:
(a) you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the App and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
(b) your use of the App and reliance on the Content are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the App or the Content;
(c) you are required to use your own judgment, caution, and common sense in evaluating the information provided on the App and any information or Content provided by us or any third party. In particular Biorithm does not verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content provided by a third party such as a clinic or third party, and Biorithm has no liability with respect to any such content;
(d) your dealings or communications with any healthcare providers are solely between you and your healthcare provider. We are not responsible for any loss or damage incurred as a result of any such dealings or communications;
(e) Biorithm is not affiliated with and does not recommend or endorse any healthcare provider or their services;
(f) the App may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the App.