TERMS AND CONDITIONS
PLEASE READ THE TERMS AS HEREAFTER SET FORTH (THIS “AGREEMENT“) CAREFULLY BEFORE USING https://dementiacareconnect.comOR ANY OTHER RELATED WEBSITES (“WEBSITES”), AND/OR MOBILE APPLICATION TOGETHER WITH ITS VARIOUS FUNCTIONALITIES (“APPLICATION“) (COLLECTIVELY, THE “PLATFORMS”). THE PLATFORMS ARE SOFTWARE SOLUTIONS OFFERING CUSTOMERS ACCESS TO A NETWORK OF ALLIED HEALTHCARE AND PROVIDERS OF PRODUCTS AND SERVICES (“SERVICES“).
BY REGISTERING FOR AN ACCOUNT ON THE WEBSITE AND/OR APPLICATION ON A MOBILE DEVICE (“DEVICE“) OR MAKING A PURCHASE VIA THE WEBSITE AND/OR MOBILE APPLICATION, AND GENERALLY USING THE PLATFORMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL OTHER TERMS AND POLICIES THAT APPEAR ON THE PLATFORMS (INCLUDING ANY TERMS SET OUT IN OUR PRIVACY POLICY AT http://dementiacareconnect.com/privacy-policy).
Welcome to DementiaCare Connect, a platform owned and operated by Live Longer Better Pte Ltd (“we,” “us,” or “our”), providing tele-consultation services by licensed allied healthcare professionals, a marketplace for products and services, and an Artificial Intelligence chat agent.
This Agreement is made between LIVE LONGER BETTER PTE LTD (UEN: 202443379R) (“DementiaCare Connect“, “us“, “we” or “our” as the case may be) and you (collectively the “Parties”) with respect to your use of the Platforms and any functionalities, services or features offered via or in connection with the Platforms, and references in this Agreement to the use of any of the Platforms extend to the use of such functionalities, services or features as well. The Services may be provided by DementiaCare Connect, our related companies, Allied Healthcare Professionals on Live Longer Better Pte Ltd’s panel or partners. For the purposes of this Agreement, “partners” shall include suppliers of products or service providers.
By accessing or using our website (the “Website”), mobile application (the “App”), or any other related services and functionalities (collectively, the “Platform”), you agree to these Terms and Conditions (“Agreement”) and our Privacy Policy. If you do not agree, please discontinue use of our Platform immediately.
IMPORTANT:
- DementiaCare Connect is NOT intended for medical emergencies. If you are experiencing an emergency, please call your local emergency number or seek immediate medical attention in person.
- The tele-consultation service by allied healthcare professionals and Artificial Intelligence chat agent on the Platforms are not intended for diagnosis of dementia or any medical condition and are not substitutes for in-person medical consultation, diagnosis, or treatment with a licenced healthcare professional (i.e. medical doctor)
1. YOUR ACCOUNT
1.1 To use our Platform and access the Services, you must create an account by providing accurate, current, and complete information, including but not limited to your name, date of birth, email address, contact number and/or such other information as may be required by us.
1.2 You shall comply with all security procedures applicable to the Platforms which we may introduce from time to time.
1.3 You shall, in your sole responsibility, maintain the confidentiality of your account information for the Platforms (including any user IDs and passwords) and you will be responsible for any disclosure or unauthorised use thereof. You shall not at any time disclose such account information to any other party.
1.3.1 You agree to (i) notify us immediately of unauthorized access to your account, (ii) accept responsibility for all activities conducted through your account; and (iii) refrain from sharing your account credentials with others.
1.4 If you believe that the security of your account information has been compromised, you shall notify us immediately.
1.5 By signing up for an account via the Platforms, you represent and warrant that:
1.5.1 you are at least 18 years of age;
1.5.2 you have the full right, power, and legal authority to enter into this Agreement;
1.5.3 all information, data and particulars that you provide is complete, accurate, true and correct; and
1.5.4 you will use the Platforms for your personal use only and you will not authorise other persons to use your account nor transfer or assign it to any other person (with the exception of accounts established for geriatrics, as described below).
We shall be entitled, in the exercise of our sole discretion, to (i) refuse your registration if you fail to fulfil any one of the eligibility criteria above; (ii) suspend/terminate your account under the Application; and/or (iii) change the above eligibility criteria at any time.
1.7 If you are below 18 years of age, please approach your parent/guardian to create a dependent sub-profile under your parent/guardian’s account so that you can access the Services.
1.8 If you are using the Services on behalf of a geriatric with special needs, including but not limited to dementia, vision and hearing difficulties, you must be present during any video or physical consultation with the geriatric. Upon purchasing any products, you must be available at the point of product delivery. You are responsible for payment for the Services provided to, and purchase and arrangement of delivery of product for the geriatric. You are assuming the obligations of this Agreement as they relate to the geriatric.
2. USE OF THE PLATFORM
2.1 Subject always to your continuing compliance with the terms of this Agreement, we agree to grant you a non-transferable, non-sublicensable and non-exclusive licence to use the Website and/or Application on the Device for the purpose of obtaining the Services. All other rights not expressly granted to you are reserved by Live Longer Better Pte Ltd.
2.2 Access to some software components used in the Website and/or Application 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.
2.3 Without prejudice to the generality of the foregoing, you shall not (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):
2.3.1 modify or adapt the whole or any part of the Website and/or Application, or permit the Website and/or Application or any part of it to be combined with, or become incorporated in, any other application, programs or other platforms created by you;
2.3.2 disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the Website and/or Application or any components thereof;
2.3.3 communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Website and/or Application;
2.3.4 use the Website and/or Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or in contravention of any applicable laws, including infringement of our intellectual property rights or those of any third party in relation to the Application;
2.3.5 use the Website and/or Application in a way that could damage, disable, impair or compromise the Application (or the systems or security of the Website and/or Application or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of the Website and/or Application and/or Live Longer Better Pte Ltd;
2.3.6 post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements;
2.3.7 use any automated process or service to access and/or use the Website and/or Application; and/or
2.3.8 provide, distribute or share, or enable the provision, distribution or sharing of, the Website and/or Application (or any data associated therewith) with any third party.
2.3.9 copy, modify, or distribute any Content without prior written permission.
Violation of these restrictions may result in suspension or termination of your account.
3. SERVICES OFFERED
(I) General
3.1 It shall be your sole responsibility, at your own cost:
3.1.1 to obtain all necessary hardware, software and communications services necessary for your use of the Application. Any network connectivity costs shall be borne exclusively by you;
3.1.2 to take steps to ensure the security of your Device; and
3.1.3 to make back-ups of data or other content posted via the Website and/or the Application, as these may be subsequently deleted by us or our service providers at any time without notice to you.
3.2 You agree that:
3.2.1 you are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory and blood test results, any other medical information furnished by you to DementiaCare Connect and/or the Allied Healthcare Professional;
3.2.2 you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred by using the services or procuring products of the Website and/or the Application;
3.2.3 the licences granted herein do not confer on you any rights to use any other intellectual property rights of Live Longer Better Pte Ltd, our affiliates, partners and/or licensors (as the case may be), including “DementiaCare Connect”, the DementiaCare Connect logos and any other logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the Platforms, all of which are and remain the property of Live Longer Better Pte Ltd, our affiliates, partners and/or licensors (as the case may be);
3.2.5 you shall comply with all applicable laws; and
3.2.6 we shall have the right to at any time and from time to time:
3.2.6.1 automatically update the Website and/or the Application, add or remove functionalities, features or services (collectively, “Website / Application Functions“);
3.2.6.2 vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate the Website and/or the Application Functions and/or user rights; and/or
3.2.6.3 deny or restrict access to the Website and/or the Application or any the Website and/or the Application Functions whether to any user or generally, or to block access from or to any resources at any time without ascribing any reasons whatsoever,
and in any such event, you agree that no claims shall lie against us, our related companies, our agents, our partners or our service providers in connection therewith.
(II) Video Consultation/Telehealth Services
3.3 DementiaCare Connect offers tele-consultation services, connecting users with licensed Allied Healthcare Professionals for dementia care advice on the Platforms (“Healthcare Services”).
3.3.1 Allied Healthcare Professionals are not medical doctors.
3.3.2 Allied Healthcare Professionals conducting the tele-consultations are independent contractors and not employees of Live Longer Better Pte Ltd.
3.3.3 Live Longer Better Pte Ltd shall not be held liable for any acts, omissions, or professional misconduct by Allied Healthcare Professionals, who are independent contractors. Users agree that all claims, disputes, or grievances related to services provided by Allied Healthcare Professionals shall be resolved directly with such professionals, and Live Longer Better Pte Ltd shall be indemnified from all liabilities arising therefrom.
3.4 If you are using the tele-consultation services, you acknowledge and agree that:
3.4.1 You may request to book tele-consultation(s) with the Allied Healthcare Professionals who deliver the Healthcare Services and Advice (“Allied Healthcare Professionals”);
3.4.2 All requests for tele-consultation shall be subject to the Allied Healthcare Professionals’ acceptance in his/her sole discretion and each consultation accepted by an Allied Healthcare Professional shall constitute a separate agreement between the Allied Healthcare Professional and you, to which neither DementiaCare Connect, Live Longer Better Pte Ltd nor our affiliates are a party to;
3.4.3 The Allied Healthcare Professionals are independent professionals. Each Allied Healthcare Professional is responsible for his/her Healthcare Services and Advice rendered to you and compliance with the requirements of his/her profession and licence;
3.4.4 Live Longer Better Pte Ltd is merely a provider of the Platforms, and other supporting services, and does not provide or engage in the Healthcare Services nor endorse the Advice provided by the Allied Healthcare Professional. Neither Live Longer Better Pte Ltd nor any third parties who promote the Healthcare Services and Advice, facilitate the provision of the Healthcare Services and Advice or provide you with a link to the Healthcare Services and Advice shall be liable for any professional advice you obtain from the Allied Healthcare Professional via the Website and/or Application. Live Longer Better Pte Ltd shall not be liable for any referrals made by the Allied Healthcare Professional via the Website and/or Application to any third parties, including but not limited to specialists or laboratories. Live Longer Better Pte Ltd does not take on any duty of care to you;
3.4.5 You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video consultation, otherwise video and/or audio quality may suffer;
3.4.6 Once your request to book an appointment is accepted, the Website and/or Application may provide your information to the Allied Healthcare Professional, including your name, personal particulars and medical information of the dementia patient. You agree to provide proof of identity (which includes a valid photo identification) and such information as requested by the Allied Healthcare Professional to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied Healthcare Services and Advice if you refuse to provide proof of identity or assume a false identity. The Allied Healthcare Professional reserves the right to decline any request for video consultation through the Application in its absolute discretion;
3.4.7 You acknowledge that there are inherent limitations to video consultations and that in respect of medical situations, including but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities; (v) violent or aggressive behaviour of dementia patients, these require medical attention by a medical doctor or healthcare professional;
3.4.8 The Healthcare Services and Advice are intended exclusively for users in Singapore and the Allied Healthcare Professionals are not qualified/licensed to consult/ advise users outside Singapore. Users accessing the Platform from outside Singapore acknowledge that the services may not comply with the laws or regulations of their jurisdiction and agree to indemnify Live Longer Better Pte Ltd from any liabilities arising from such access. Users outside Singapore are advised not to rely on the teleconsultation services provided;
3.4.9 Live Longer Better Pte Ltd does not, and shall not be deemed to, direct or control the Allied Healthcare Professional generally or in the Allied Healthcare Professional’s performance under this Agreement specifically, including in connection with the Allied Healthcare Professional’s provision of Healthcare Services and Advice or the Allied Healthcare Professional’s acts or omissions;
3.4.10 Any opinions, advice or information expressed by the Allied Healthcare Professional are those of the Allied Healthcare Professional alone and they do not reflect the opinions of Live Longer Better Pte Ltd;
3.4.11 You are responsible for the correctness and accuracy of the particulars, statements and images including the symptoms, health history, personal history, photographs, laboratory test results or diagnostic images furnished/uploaded by you pertaining to the dementia patient to the Allied Healthcare Professional;
3.4.12 You shall comply with any advice by any Allied Healthcare Professional to consult a medical doctor or other healthcare professional in person or seek emergency or other treatment;
3.4.13 Upon the completion of the Healthcare Services and Advice, we will issue a receipt to you via email or in such other manner as determined by us on the Allied Healthcare Professional’s behalf;
3.4.14 You shall not record in any media your interactions with the Allied Healthcare Professionals through the Website and/or the Application;
3.4.15 You shall not conduct yourself in an inappropriate manner when interacting with the Allied Healthcare Professional, or display/upload any inappropriate or medically-irrelevant images to the Application. Any such conduct may result in the termination of your Account and/or deletion of the images from the Website and/or the Application; and
3.4.16 All tele-consultation transcripts and related data are the exclusive property of Live Longer Better Pte Ltd;
3.4.17Transcripts may be anonymized and used at the discretion of Live Longer Better Pte Ltd to improve services, optimize user experiences, and enhance operational capabilities. Personally identifiable information (PII) will be excluded from any analysis;
3.4.18 Any data used will be anonymized and handled in compliance with relevant privacy regulations, including the Personal Data Protection Act (PDPA) in Singapore and the General Data Protection Regulation (GDPR) for international users;
3.4.19 By using the tele-consultation services, users automatically consent to the collection, anonymization, and use of tele-consultation data for the purposes outlined above;
3.4.20 Healthcare Services and Advice provided on the Platform are intended exclusively for users within Singapore. Users outside Singapore acknowledge that services may not comply with local laws and regulations and agree not to rely on teleconsultation services. Live Longer Better Pte Ltd disclaims liability for services accessed from jurisdictions outside Singapore;
3.4.21 By using the teleconsultation services, users acknowledge that the advice provided is based solely on the information shared by them during the consultation. The Allied Healthcare Professionals cannot be held liable for any adverse outcomes resulting from incomplete or inaccurate information provided by the user;
3.4.22 You agree not to publish or share defamatory, false, or misleading statements about the Allied Healthcare Professionals or their services. Any breaches of this clause may result in legal action;
3.4.23 By using the teleconsultation services, users acknowledge that the advice provided is based solely on the information shared by them during the consultation. The Allied Healthcare Professionals cannot be held liable for any adverse outcomes resulting from incomplete or inaccurate information provided by the user.
(III) Marketplace on the Platforms
3.5 Live Longer Better Pte Ltd’s Marketplace on the Platforms offers various geriatric and dementia -related caregiving and services for purchase (“Caregiving Products”) including daily living aids. Caregiving Products on the Platforms may be sold by third party vendors or Live Longer Better Pte Ltd (“Marketplace Providers”). If you are using the Marketplace functionality on any of the Platforms , the following terms shall apply:
(a) Placing of Orders
3.5.1 You may place an order by completing the order form on the Platform and clicking “Confirm Purchase” or “Purchase” (“Order“). Marketplace Providers will not accept Orders placed in any other manner.
3.5.2 All Orders shall be subject to Marketplace Providers’ acceptance in its sole discretion and each Order accepted by Marketplace Providers shall constitute a separate agreement between Marketplace Provider and you. You acknowledge that unless you receive a notice from Marketplace Provider accepting your Order, Marketplace Providers shall not be party to any legally binding agreement with you for the sale of or other dealings with the Caregiving Product and accordingly Marketplace Providers shall not be liable for any losses which may be incurred as a result. The Marketplace Provider reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
(b) Prices of Caregiving Products
3.5.3 The price of the Caregiving Products payable by you shall be the price as stated on the Platform (the “Product Price“).
3.5.4 All Product Prices of the Caregiving Products are subject to taxes, unless otherwise stated. We reserve the right to amend the Product Price at any time without giving any reason or prior notice.
(c) Risk and property of the Caregiving Products
3.5.5 Risk of damage to or loss of the Caregiving Products shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Caregiving Products, the time when Live Longer Better Pte Ltd, DementiaCare Connect or Marketplace Provider (as the case may be) has tendered delivery of the Caregiving Products.
3.5.6 Notwithstanding delivery and the passing of risk in the Caregiving Products or any other provision of this Agreement, the Caregiving Products shall not pass to you until Live Longer Better Pte Ltd has received in cleared funds payment in full of the price of the Caregiving Products and all other goods agreed to be sold by Live Longer Better Pte Ltd to you for which payment is then due.
3.5.7 Until such time as the property in the Caregiving Products passes to you:
3.5.7.1 you shall hold the Caregiving Products as Live Longer Better Pte Ltd’s fiduciary agent and bailee and shall keep the Caregiving Products separate from those of yours;
3.5.7.2 Live Longer Better Pte Ltd shall be entitled at any time to demand you to deliver up the Caregiving Products to Live Longer Better Pte Ltd and in the event of non-compliance Live Longer Better Pte Ltd reserves its right to take legal action against you for the delivery up of the Caregiving Products and seek damages and all other costs including but not limited to legal fees against you; and/or
3.5.7.3 you shall not pledge or in any way charge by way of security for any indebtedness any of the Live Longer Better Pte Ltd Products which remain the property of Live Longer Better Pte Ltd and if you do so, all moneys owing by you to Live Longer Better Pte Ltd shall (without prejudice to any other right or remedy of Live Longer Better Pte Ltd) forthwith become due and payable.
3.6 You acknowledge that:
3.6.1 While we endeavour to provide an accurate description of the Caregiving Products, we do not warrant that such description is accurate, current, or free from error;
3.6.2 Live Longer Better Pte Ltd shall not be liable for any failure or delay in delivery of your purchased Caregiving Product howsoever caused;
3.6.3 The pricing or availability of the Caregiving Products may change at any time at Live Longer Better Pte Ltd ’s discretion. Live Longer Better Pte Ltd shall not be responsible for any such changes; and
3.6.4 You shall pay the relevant fees for any Caregiving Products purchased, and abide by all applicable payment terms as may be made known to you on the Platform or by Live Longer Better Pte Ltd .
3.6.5 Live Longer Better Pte Ltd does not assume liability for third-party products sold on the Marketplace. However, all third-party vendors are required to meet basic quality assurance standards prior to listing. Users may report defective or unsatisfactory products through the Platform’s dispute resolution mechanism.
(IV) Artificial Intelligent Chat Agent
3.7 The Platform offers an Artificial Intelligence chat agent that provides insights and recommendations for educational purposes only. It does not constitute medical advice, diagnosis, or treatment. Users acknowledge that the Artificial Intelligent generated content may be incomplete or inaccurate and agree to consult qualified healthcare professionals for all medical concerns. Live Longer Better Pte Ltd disclaims all liability for adverse outcomes resulting from reliance on Artificial Intelligent generated content and advises users to seek professional medical consultation for health-related matters.
3.8 You shall comply with Live Longer Better Pte Ltd’s cancellation terms set out in clause 5 below.
4. PAYMENT TERMS
(I) General
4.1 All fees for teleconsultation services and products are displayed on the Platform and are payable in advance. Prices are subject to change without prior notice.
4.1.1 You agree to pay all Fees (as defined below) to your Account in accordance with the Fees, charges, and billing terms.
4.2 We may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities. You agree that you will provide such information and/or documentation promptly to us upon request. If you fail to do so promptly, we may either limit your use of, or suspend your DementiaCare Connect account
4.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever.
4.4 Each User is only entitled to have one (1) DementiaCare Connect account associated with the Website and/or Application
4.5 By providing Live Longer Better Pte Ltd with your payment information, you agree that Live Longer Better Pte Ltd is authorized to immediately invoice you for all fees and charges due and payable to Live Longer Better Pte Ltd hereunder and that no additional notice or consent is required.
4.6 For the avoidance of doubt, Live Longer Better Pte Ltd’s determination of the Fees shall be final, conclusive and binding on you.
4.7 We may use payment processing agents to process your payment of any Fees. When you provide us with your credit card details, you authorise us and/or our payment processing agents to charge your credit card account automatically upon the expiry of each payment period as applicable in relation to the Fees. If we cannot charge your card successfully, we have the right to immediately terminate the transaction and/or access to your account.
4.8 Payments are non-refundable except in cases where a teleconsultation session is canceled by the allied healthcare professional; or a product purchased is defective or unavailable, subject to our refund policy (refer to Section 5 below)
5. CANCELLATIONS, EXCHANGES AND REFUNDS
5.1 In respect of the Healthcare Services and Advice / Tele-Consultation function: Unless as otherwise specified in the listing on the Platforms, you will not be entitled to a refund of such fees already paid (i) in the event that you cancel a scheduled appointment less than 24 hours in advance or if you miss a scheduled appointment or (ii) in respect of any consultation that has either been completed or terminated by you.
5.2 In respect of the purchase of any Caregiving Products via the Marketplace on the Platforms: Unless as otherwise specified in the listing on the Platforms,
5.2.1 such orders successfully made through the Platforms are strictly not eligible for cancellation; and
5.2.2 where applicable, such orders are subject to our Refund & Cancellation Policy; and
5.2.3 Caregiving Products purchased through Marketplace on the Platforms are also not eligible for exchange and are non-refundable. Any requests made for refunds/exchanges in the event that the purchased product is damaged, or the service rendered failed to fulfil its description in Marketplace will be subject to Live Longer Better Pte Ltd’s review on a case-by-case basis. The decision as to whether any refund/exchange should be allowed is at the sole discretion of Live Longer Better Pte Ltd.
5.3 In the event you are entitled to any refund for any reason in respect of any products or services on the Live Longer Better Pte Ltd’s Platforms, you agree that Live Longer Better Pte Ltd will in its sole discretion issue you with a refund to your original payment method. We may require you to provide additional information prior to processing any refund and you agree to cooperate with us.
6. CONFIDENTIALITY AND PRIVACY
6.1 In using the Website and/or the Application or any services provided by us, Live Longer Better Pte Ltd will need to collect your personal data and personal information of the dementia patient in order to provide you with our Services. In providing us with your personal data and personal information of the dementia patient, you consent to our collection, use, processing, and disclosure of your personal data in accordance with our Privacy Policy found at http://dementiacareconnect.com/privacy-policy or on Website and/or the Application.
6.2 For the avoidance of doubt, our Privacy Policy also applies to any data provided to Live Longer Better Pte Ltd offline in order for us to perform any services for your benefit.
6.3 Live Longer Better Pte Ltd is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of the health information of the dementia patient. In addition, the information you provide to your Allied Healthcare Professional during a tele-consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. Information relating to your care are stored on secured servers.
6.4 While we use encryption to safeguard data, you are responsible for securing your own devices to prevent unauthorized access.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
7.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
7.1.1 we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for the dementia patient’s health or behaviour problem, or meets your specific requirements. Live Longer Better Pte Ltd disclaims any liability for any use of the Website and/or Application for the provision of any emergency services or where diagnosis or treatment-in-person is required;
7.1.2 we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application;
7.1.3 we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or third parties, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Allied Healthcare Professional or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Allied Healthcare Professionals on the Website and/or Application and any referrals to any third party does not imply recommendation or endorsement of such party nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional or service provider contained therein;
7.1.4 we are not responsible for any acts or omissions or conduct of any third parties that you may be referred to by Live Longer Better Pte Ltd and/or its related corporations or via the Website and/or Application, including but not limited to referrals to any specialists or laboratories;
7.1.5 the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of the Website and/or Application is at your own risk;
7.1.6 the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Application may be made public on the Website and/or Application, and read or intercepted by others;
7.1.5 Live Longer Better Pte Ltd does not warrant and hereby disclaims any representation, warranty or term with respect to the Website, Application and/or the Application Functions, whether express, implied or statutory, including but not limited to:
(i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website, Application and/or the Application Functions;
(ii) the Website, Application and/or the Application Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website, Application and/or the Application Functions and any related computer system is and will be free of all viruses and/or other harmful elements;
(iii) the Website, Application and/or the Application Functions and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties; and
(iv) the Website, Application and/or the Application Functions being compatible or working with any third party software, applications or third party services.
7.2 Live Longer Better Pte Ltd and its partners, affiliates, Allied Healthcare Professionals (Independent Contractors) are not liable for:
7.2.1 the potential and inherent risks associated with tele-consultation including without limitation: (i) the information transmitted by you or the Allied Healthcare Professional may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on measurement and reporting of symptoms by caregivers of the dementia patient, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all health records of the dementia patient; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;
7.2.2 any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services, performing any transactions, purchase and/or arrangement of delivery of product, and obtaining and/or making any payment of any monies belonging to you;
7.2.3 any loss caused to or damage incurred or suffered by you or any person by reason of your erroneous, wrongful or fraudulent uploading of information, images or provision of information by you to the Platform or the Allied Healthcare Professional for the purposes of your use of the Platform or the Services;
7.2.4 any loss, damage or liability which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from Live Longer Better Pte Ltd’s liability;
7.2.5 any loss, damage or liability which may arise in connection with the services offered by any third parties that you may be referred to by Live Longer Better Pte Ltd and/or its related corporations or via the Website and/or Application,
7.2.6 for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
7.2.7 any suspension, discontinuation, upgrade or modification to the Website and/or the Application or the Website or Application Functions which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services, Website and/or the Application Functions.
7.2.8 claims arising from misuse of teleconsultation advice, failure to follow prescribed recommendations; or unauthorized use of the Platform.
7.2.9 medical outcomes resulting from tele-consultation advice, inaccuracies in Artificial Intelligence generated content or the misuse or defects in purchased products.
7.3 You acknowledge that teleconsultations have limitations compared to in-person consultations and may not be suitable for all medical conditions.
8. INDEMNITY
8.1 You agree to fully indemnify and hold harmless Live Longer Better Pte Ltd, our affiliates, partners, Allied Healthcare Professionals (Independent Contractors), related companies, members, officers, employees, agents and service providers (collectively, the “Indemnitees“) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Website and/or the Application; (b) your breach of this Agreement and any terms relating to your use of the Application; (c) your access or use of the Website and/or the Application; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person.
8.2 You agree to indemnify and hold harmless the Allied Healthcare Professionals, Live Longer Better Pte Ltd, and its affiliates from any claims, damages, or liabilities arising out of the teleconsultation services provided, including but not limited to claims of malpractice, misdiagnosis, or inadequate advice, except where such claims are directly attributable to gross negligence or intentional misconduct
9. LIMITATION OF LIABILITY
9.1Live Longer Better Pte Ltd is not responsible for the quality, accuracy, or outcomes of advice provided by the independent contractors (Allied Healthcare Professionals).
9.2The Platforms and Services are provided “as is” without warranties of any kind. You assume all risks associated with using the Platforms.
9.3The Platform is not liable for damages resulting from (a) errors or omissions in the advice provided or (b) misuse of caregiving resources or products purchased through the marketplace.
9.4 You agree to indemnify and hold Live Longer Better Pte Ltd and its independent contractors (Allied Healthcare Professionals) harmless from any claims, damages, or liabilities arising from their use of the Platform.
9.5 Live Longer Better Pte Ltd and the Allied Healthcare Professionals are not liable for any outcomes arising from user non-compliance with advice provided during teleconsultations or delays in seeking necessary in-person medical care.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.
11. TERMINATION
11.1 We have the right to terminate or suspend your account in our sole and absolute discretion without prior notice to you, for any reason at any time or violations of these Terms or misuse of the Platform. Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you.
11.2 You may terminate your Account at any time by contacting support. .
11.3 After such termination, Live Longer Better Pte Ltd:
11.3.1 will have no further obligation to provide the Services; and
11.3.2 subject to applicable law and the Privacy Policy, reserves the right to retain, delete or destroy all information, communications and materials stored, posted or uploaded to the Application pursuant to its internal record retention and/or content destruction policies, including, but not limited to, your personal data and dementia patient’s data.
11.4 Upon termination, you will cease to use the Platforms immediately.
11.5 To the extent permitted by applicable law, the disclaimers, indemnities, limitations of liability, termination and your representations and warranties shall survive any termination of this Agreement.
12. FORCE MAJEURE
Neither Live Longer Better Pte Ltd nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials.
13. GENERAL
13.1 This Agreement, the Privacy Policy and the documents in it, constitutes the entire agreement and understanding between you and Live Longer Better Pte Ltd relating to the Website and/or the Application and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Live Longer Better Pte Ltd which is not set out in this Agreement. Nothing in this Agreement shall however operate to limit or exclude liability for fraud.
13.2 We may from time to time update these terms of this Agreement by posting amendments at the Website or on the Application. By your continuing use of the Website and/or Application after any such amendment, you agree to be bound by this Agreement as so amended.
13.3 The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
13.4 No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
13.5 We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
13.6 Live Longer Better Pte Ltd may give notice by means of a general notice on the Application, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in Doctor Anywhere’s records. You may only give notice to us in writing sent to our designated address or e-mail address.
13.6.1 Notices shall be deemed to have been duly given and received upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail), 2 (two) hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Application shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
13.6.2 This clause does not apply to notices issued in respect of legal proceedings.
13.7 The provisions of the Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of the Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.
13.8 We reserve the right to delegate or sub-contract the performance of any of our Website and/or the Application Functions or Services to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.
13.9 You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion.
13.10 Save for the related companies of Live Longer Better Pte Ltd, partners of Live Longer Better Pte Ltd and as expressly provided in this Agreement including without limitation as referred to in Clause 8, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act 2001. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time.
13.11 In the event that this Agreement is executed or translated in any language other than English, to the extent allowed under law, the English language version of this Agreement shall govern and shall take precedence over the foreign language version.
14. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.