HealthPass by OCBC Terms of Use ("Terms of Use")

The HealthPass by OCBC ("Platform") is owned by Oversea-Chinese Banking Corporation Limited ("OCBC"). The Platform is provided to you under the following terms and conditions of use ("Terms of Use"). When you read these Terms of Use, the words "user", "you", "your", or "yours" mean an end user of the Platform and the words "we", "our" and "us" refer to OCBC and its successors and assigns (each a "Party", and collectively "Parties"). By accessing the Platform, you agree to be bound by these Terms of Use with OCBC. If you do not agree to these Terms of Use, kindly do not access and/or use the Platform.

The Platform (including all features and functionalities provided therein) is developed, operated and maintained by Operator, and the Platform's services are provided by Third Party Providers (as defined below).

If you are below 18 years old you must stop accessing or using the Platform.
Definitions
Licence to use the Platform
User Content
General conditions for the Use of the Platform
Third Party Providers
Orders
Disclaimers
No warranty
Personal data
Exclusion of Liability and Indemnity
Intellectual property and content transmitted via the Platform
Termination
Amendments to Terms of Use
Amendments to Terms of Use
Force majeure
Assignment
Additional terms
General
Notification of Infringement
  • 1. Definitions

    1.1 In these Terms of Use, unless the context otherwise requires, the following expressions shall have the following meanings:

    "Access Credential"
    shall include without limitation any username or other login identification name which identifies a user to whom a Platform account is associated with, and any other password(s) that user has nominated, that is accepted, issued or prescribed by or on behalf of for use to access the Platform;
    "Additional Terms"
    is defined in Clause 17.1;
    "Customer Contract"
    is defined in Clause 6.5;
    "Losses"
    means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not;
    "Materials"
    is defined in Clause 7.2;
    "New Features"
    is defined in Clause 17.2;
    "Order"
    means an order for Operator's, and/or Third Party Providers' products, platform consultation and/or services made available to a user via the Platform;
    "Operator"
    means the third-party operator appointed by OCBC from time to time, and the third-party operator responsible for the development, operation and/or maintenance of the Platform that allows users to purchase products, platform consultations and/or services;
    "Personal Data"
    refers to any 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 OCBC has or is likely to have access, including data in OCBC's records as may be updated from time to time. Examples of Personal Data include the individual's name, address, national registration identity card ("NRIC") number or email address;
    "Platform"
    means the health and wellness platform branded as “HealthPass by OCBC” (including any e-commerce platforms, websites and/or mobile applications in connection therewith) matching Third Party Providers and users;
    "Platform Assets"
    is defined in Clause 16.1;
    "Platform Functions"
    is defined in Clause 4.8(d);
    "Related Corporations"
    is defined in Clause 9.1;
    "Representatives"
    is defined in Clause 9.1;
    "Third Party Provider"
    is defined in Clause 5;
    "Third Party User Content"
    is defined in Clause 3.1;
    "Trade Marks"
    is defined in Clause 11; and
    "User Content"
    is defined in Clause 3.1.

    1.2 Unless the context otherwise requires, words importing the singular shall also include the plural and vice versa. Words denoting the masculine gender include the feminine gender and both shall include the neuter gender.

    1.3 The headings in these Terms of Use are inserted for ease of references only and shall not affect the construction of these Terms of Use.

    1.4 These Terms of Use contains the entire agreement between you and us with respect to your use of the Platform.

  • 2. Licence to use the Platform

    2.1 The Platform is proprietary to OCBC and must not be used other than strictly in accordance with the terms set out herein. OCBC grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use and/or access the Platform.

    2.2 OCBC reserves all rights not granted hereunder.

    2.3 OCBC shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform, including without limitation any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions.

    2.4 OCBC may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the Platform and any features offered in connection therewith, and shall not be liable for any losses or damage suffered by you arising from any such upgrade, modification, alteration, suspension, discontinuance or removal.

  • 3. User Content

    3.1 For the purposes of this Terms of Use, "User Content" refers to content created, transmitted, posted and/or uploaded by you on the Platform, including materials, information, news, reviews, comments, questions, suggestions, ideas, data, input, text, audio, videos, photographs, graphics, messages, software, and other content, while "Third Party User Content" means all User Content which is not created, transmitted, posted and/or uploaded by you.

    3.2 Where you post User Content, we do not claim ownership thereof. However, you grant us, our Related Corporations, and Representatives a non-exclusive, worldwide, perpetual, irrevocable, royalty free, fully paid-up, transferable, sub-licensable, licence to use and exercise any rights comprised in any intellectual property and other rights (including without limitation, rights in copyright, publicity, and database rights) you have in the User Content in connection with hosting, using, distributing, modifying, running, copying, publicly performing, communicating, displaying, translating and creating adaptations and derivative works of your User Content.

    3.3 You are solely responsible for making backups of any postings you make or any User Content you upload. We may move, remove or delete User Content at any time without notice to you.

    3.4 We do not monitor User Content nor Third Party User Content. We do not pre-screen nor do we exercise editorial control over User Content, nor Third Party User Content, and are not responsible for the same.

    3.5 We shall have the right (but are not obliged) to screen, delete and/or remove any User Content if we receive a complaint from another user or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates these Terms of Use, or is otherwise illegal or objectionable, or any other reason as we may see fit.

  • 4. General conditions for the Use of the Platform

    4.1 You may perform transactions on the Platform as may from time to time be made available thereon, including but not limited to:

    1. arranging for wellness and preventive health bookings;
    2. requesting for consultations, medical procedures, and health screenings;
    3. requesting for medication and delivery of the same; and
    4. making payment to Third Party Providers in relation to the foregoing.

    4.2 You must comply with OCBC's requirements, rules, directions, standards, notices, guidelines, operating rules, and policies pertaining to the use of HealthPass by which OCBC may issue from time to time, and these will generally be notified to you via email and/or publication on the Platform or such other method of notification as may be designated by OCBC, which you acknowledge shall be sufficient notice for the purpose of this clause.

    4.3 Any use and/or access of the Platform associated with your access and/or identification credential ("Access Credential") shall be deemed your use and/or access (as the case may be).

    4.4 You shall comply with all requirements, rules, directions, standards, notices, guidelines, operating procedures, and policies relating to your Platform account and/or Access Credentials (including without limitation any registration and activation procedures, such as multi-factor authentication or single sign-on if applicable) each as may be prescribed by us (or our authorised Third Party Provider) from time to time in our sole and absolute discretion.

    4.5 You agree and undertake to:

    1. at your sole responsibility and at your own cost:
      1. take such precautions as may be reasonable and proper regarding any acts or omissions of a third party;
      2. obtain all necessary hardware, software and communications services necessary for your use and/or access of the Platform;
      3. install antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the Platform;
      4. make back-ups of data or other content posted via the Platform, as these may be subsequently deleted by us or Third Party Provider(s) at any time without notice to you; and
    2. comply with all applicable laws in your use and/or access of the Platform.

    4.6 You agree and undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to):

    1. copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a "pay-per-use" basis, publish or otherwise reproduce the Platform or any part thereof in any form by any means;
    2. modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative work from, transfer, or sell or re-sell any information, software, products, platform consultations or services obtained on or through the Platform;
    3. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
    4. remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of OCBC placed upon or contained within the Platform;
    5. forge headers or otherwise manipulate any identifying information in order to disguise and/or with the effect of disguising the origin of any content transmitted through the Platform;
    6. participate in any fraudulent submission or use of personal or financial information or engaging in any practice that constitutes an unfair or deceptive trade practice;
    7. transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
    8. transmit any content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    9. send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another's computer or device;
    10. infringe our intellectual property rights or those of any third party;
    11. do any act (including without limitation posting of any content) which is illegal or contrary to law or any guidelines or content licensing requirements, or make available any content which may be in breach of applicable laws, including without limitation the Broadcasting (Class Licence) Notification or the Protection from Online Falsehoods and Manipulation Act (Act No. 26 of 2019), or cause OCBC to be in breach of the same;
    12. defame, abuse, harass, stalk, threaten, pester, solicit, offend, insult, abuse, dox (as defined in the Protection from Harassment Act (Cap 256A)), injure any other users, or committing any unlawful or tortious acts against other users or otherwise violating the legal or other rights (such as rights of privacy and publicity) of others;
    13. publish, post, upload, distribute or disseminate any content which is inappropriate, improper, profane, defamatory, obscene, pornographic, sexually explicit, lewd, crude, indecent, inaccurate, false, misleading, illegal, political, racist, religious, blasphemous, unlawful or which contains depictions of violent or sexual acts;
    14. publish, post, upload, distribute or disseminate any content which are objectionable on the grounds of public interest, public morality, public order, public security, national harmony or otherwise prohibited by applicable laws;
    15. use the Platform or its contents for any commercial purpose;
    16. decompile, reverse engineer or otherwise attempt to discover the source code of the Platform or any components thereof, except under any specific circumstances expressly permitted by law or by us in writing;
    17. access, monitor or copy any content or information of the Platform using any automated process or service (such as robot, spider, scraper or other automated means) or any manual process for any purpose without our prior written permission, and/or to otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available now or in the future), without our prior written permission;
    18. communicate, republish, adapt, translate, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, transmit, hyperlink, post, broadcast, podcast, webcast, distribute, make available, license, sublicense sell, trade, exploit, or create derivative works or adaptations based on the whole or any part of the Platform;
    19. use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of OCBC, including taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    20. violating the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
    21. deep-linking to any portion of the Platform for any purpose without our express written permission; and/or
    22. use the Platform for any purpose other than those permitted under these Terms of Use.

    The use restrictions set out herein shall survive the termination of these Terms of Use.

    4.7 OCBC may from time to time change the Operator, Third Party Providers and shall not be liable for any Losses suffered by you due to such change (including but not limited to any unavailability of the Platform due to transition arrangements between operators of the Platform).

    4.8 You agree and acknowledge that we (or our agents, sub-contractors and/or service providers) has the right to:

    1. monitor, screen or otherwise control any activity or content on the Platform;
    2. investigate any violation of the Terms of Use and take any action it deems appropriate (including but not limited to the immediate suspension or termination of any user);
    3. prevent or restrict access of any user to the Platform;
    4. automatically update the Platform and its components, add or remove functionalities, features or services (collectively, "Platform Functions"), vary user account rights or impose user account restrictions, resource limits or fees or suspend or terminate any of the Platform Functions and/or user rights; and/or
    5. report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities, and in any such event, you agree that no claims shall lie against us or our agents, sub-contractors and/or service providers in connection therewith.
  • 5. Third Party Providers

    You agree and acknowledge that the Platform is made available to you (including without limitation any of the Platform Functions) directly by Operator and/or other third party providers (including without limitation, medical practitioners and wellness experts) (each a "Third Party Provider"), and you agree and acknowledge:

    1. that your access and/or use of the Platform may be subject to such further terms and conditions of Third Party Providers (including their respective privacy policies) over which we have no control, and that such terms and conditions shall further govern your rights and obligations in relation to those Third Party Providers, including but not limited to the following which are available on the Platform:
      • Operator's Terms and Conditions,
      • Operator's privacy policy,
      • Clinic aggregator's Terms and Conditions, and
      • Clinic aggregator's privacy policy.
    2. Without prejudice to the generality of the foregoing or Clause 9 below, you agree and acknowledge that your personal data may be collected, used, disclosed and/or processed by such Third Party Providers under their respective data protection policies (for example, when you provide personal data directly to Third Party Providers for appointment bookings and/or platform consultations, or where required by Third Party Providers for face-to-face consultations at the Third Party Provider's place of business and/or when you contact the Platform's customer support (as may be provided by such Third Party Providers). OCBC does not receive or collect personal data that is provided by you to Third Party Providers. We do not have control over, and we shall not be responsible for these Third Party Providers' respective compliance (or non-compliance) with applicable data protection laws, including in relation to any consents required to be separately obtained from you by such Third Party Providers. We encourage you to learn about the data protection practices of the respective Third Party Providers to determine how they will handle any personal data they may collect from you;

    3. to abide by the terms and conditions of purchase imposed by any Third Party Provider with whom you elect to deal, including but not limited to, payment of all amounts when due and compliance with Third Party Provider's terms and conditions. You understand that any violation of any such terms and conditions may result in cancellation of your Order, in your being denied access to the applicable products, platform consultations and/or services, in your forfeiting any monies you paid for such products, platform consultations and/or services, and/or in our debiting your account for any costs we incur as a result of such violation;
    4. that Third Party Providers are independent contractors over whom we have no responsibility and are not under OCBC's control or management, and that to the fullest extent permitted by applicable law, we shall not be responsible for any such parties, performance or non-performance of its obligations to you, or any damage or loss arising from any such parties' products, platform consultations and/or services. Your access to and/or use of any the products, platform consultations and/or services shall be entirely at your own risk;
    5. Third Party Providers are responsible for complying with all laws and regulations applicable to their offering of products, platform consultations and/or services. Such laws and regulations include without limitation, the Healthcare Services Act, Privacy Hospitals and Medical Clinics Act, codes of practice issued by the Ministry of Health and Singapore Medical Council (including without limitation, the National Telemedicine Guidelines for Singapore), and guidelines issued by the Personal Data Protection Commission (including without limitation, Guide to Securing Data in the Electronic Medium and the Guide to Data Protection by Design for ICT Systems). Accordingly, we are not responsible or liable for the legality of any such any of their products, platform consultations and/or services;
    6. that we do not endorse and are not responsible or liable for any content, advertising, products, platform consultations, services or any materials made available to you by any Third Party Provider on the Platform, including without limitation descriptions or statements about products, product listing, platform consultations and/or services advertised, offered, or otherwise made available by Third Party Providers;
    7. that we do not make (and we expressly disclaim) all warranties and representations in relation to Third Party Providers and their respective products, platform consultations and/or services (including as to the availability or the timely delivery of products and/or services provided directly to you by Third Party Providers on the Platform and platform consultations offered by Third Party Providers. You bear the responsibility of satisfying yourself of the fitness, suitability, quality, legality, appropriateness, or any other aspect of a Third Party Provider's products, platform consultations and/or services before accepting them (if at all) within the Platform; and
    8. that we shall not be liable for (nor responsible to resolve) any dispute arising from or relating to the products, platform consultations, and/or services provided by Third Party Providers to you in the Platform. You shall and hereby fully release and discharge OCBC (and its officers, directors, employees and agents) from any and all injury, loss, claims, liabilities, damages and costs suffered by you in connection with any act or omission of any Third Party Provider or the products, platform consultations and/or services provided by it.
  • 6. Orders

    6.1 You acknowledge and accept that except as otherwise indicated, all product and/or services offered on the Platform are offered by the relevant Third Party Provider, and platform consultations by the relevant medical practitioner and/or wellness expert as indicated on the specific listing on the Platform as the merchant on record, and not OCBC.

    6.2 OCBC neither endorses nor assumes any responsibility or liability arising in connection with any order or the products, platform consultations and/or services in respect of which an order is carried out. Transfer of risk and property in purchased products, delivery, product warranties (including the conditions and remedies for such warranties), support, refunds, returns, replacements, exchanges and any other ancillary products or services in relation to such products, platform consultations and services shall be governed by and subject to such terms and conditions as may be prescribed by OCBC and/or the relevant Third Party Provider, which may be indicated on the specific listing or elsewhere on the Platform.

    6.3 You may place an Order in accordance with the instructions as prescribed on the Platform from time to time. Orders placed in any other manner on the Platform will not be accepted. Upon placing an Order, your Order will be processed but only deemed to be accepted upon Third Party Provider's confirmation (which shall be communicated to you via such channels or mediums as Operator may determine).

    6.4 You acknowledge that you shall be responsible for ensuring the accuracy of the Order and that each Order shall be deemed to be irrevocable and non-cancellable upon transmission to the Platform and Third Party Provider(s) shall be entitled to process such Order(s) without any further reference or notice to you.

    6.5 Upon your order being accepted as communicated to you by or through the Platform (whether by automated means or otherwise) by Third Party Provider, a contract ("Customer Contract") is formed between you and Third Party Provider (as the case may be) in respect of your order.

    6.6 You agree that Third Party Providers shall have the right to terminate a Customer Contract with immediate effect in the event that the relevant product and/or service has been mispriced on the Platform or for any other reason as determined by that Third Party Provider in their absolute discretion. In the case of a Customer Contract for the sale of products, Third Party Providers shall have such right to terminate the relevant Customer Contract whether or not the relevant product has been dispatched or are in transit and whether payment has been charged to you.

    6.7 You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of any Third Party Provider(s) which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by OCBC and/or any Third Party Provider(s). You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms of Use and Customer Contracts allocate risks between the parties and permit Third Party Providers to provide their products and/or services, and medical practitioners and wellness experts to provide platform consultations, at lower fees or prices than these parties could otherwise could and you agree that such exclusions of liability are reasonable.

    6.8 Without prejudice to the generality of Clause 6.7:

    1. as the products and/or services are provided by Third Party Providers, and platform consultations are provided by medical practitioners and wellness experts (notwithstanding that they may incorporate the Platform mark, logo and/or other marks and logos of OCBC), OCBC gives no warranty as to the quality, merchantability, state, condition or fitness of the products, platform consultations and/or services offered, provided or made available on the Platform;
    2. no condition is made or to be implied nor is any warranty given or to be implied as to any products and/or services, the life or wear of any products, platform consultations and/or services supplied or that they will be suitable for any particular purpose or use under any specific conditions; and
    3. OCBC shall be under no liability for the following measures and actions taken by you or other third parties and the consequences thereof: improper remedy of defects, alteration of the relevant products and/or services without the prior agreement of OCBC.

    6.9 You may make payment in respect of an Order by using any of the payment methods prescribed by OCBC from time to time and in accordance with any additional terms as may be prescribed by OCBC from time to time. Payments may be made to and processed by Operator and/or the respective Third Party Providers., You acknowledge that OCBC is entitled to collect payments from you on behalf of the foregoing parties, if applicable.

  • 7. Disclaimers

    7.1 The Platform will display, publish or make available content that is provided or published by Third Party Provider(s), (including for example, content provided by third party content aggregation services or information providers) ("Third Party Content"). You agree and acknowledge that:

    1. Third Party Content is not provided or published by us, and such content shall be the sole responsibility of the person or entity that makes it available. We are not responsible for such Third Party Content, and we do not routinely monitor such content. We make no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the Third Party Content provider's terms of use; and
    2. any use by you of any content submitted by any third party or which is made available through the Platform (including Third Party Content) shall be entirely at your own risk. None of OCBC, and/or Third Party Providers shall be liable for any errors or delays in the Platform or any part thereof, or for any actions taken in reliance thereon. OCBC is under no obligation to monitor or review Third Party Content through the Platform, and assumes no responsibility or liability for any Losses arising from or in connection with any such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any such content. Any hyperlink to any other website or webpage (including any websites or webpages owned, operated and maintained by Third Party Providers) is for informational purposes only and for your convenience only and is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.

    7.2 The materials, information, opinions and statements made available on the Platform, ("Materials") are intended for general circulation only, do not contain or convey any advice, and should not be used or relied on as a basis for making any decisions. They do not take into account the specific needs of any particular person who may access or be in receipt of such Materials. Such Materials may cover a wide range of topics and are not intended to be a comprehensive study or to provide any recommendation or advice. Accordingly, they should not be relied on or treated as a substitute for specific advice on any particular issue. Please seek advice from a qualified professional with any questions you may have regarding any specific issue or concern you may have and the recommended course of action in respect thereof.

    7.3 Platform consultations offered by Third Party Providers (e.g. medical practitioners and/or wellness experts) featured on the Platform should not be treated as substitutes for face-to-face medical diagnosis or treatment in all circumstances, and reliance on any information provided on or through the Platform, including reliance on the credentials and qualifications of any medical practitioners and/or wellness experts, is solely at your own risk. Third Party Providers (e.g. medical practitioners and/or wellness experts) shall be solely responsible for determining the need for a face-to-face consultation, and OCBC shall not be held liable for any misdiagnoses, acts or omissions of the Third Party Providers.

    7.4 The Platform is in no way intended to create a doctor-patient relationship between OCBC and yourself. OCBC merely provides the Platform as a platform for Third Party Providers (e.g. medical practitioners and wellness experts) to provide their services (e.g. platform consultations) to users. You are solely responsible for satisfying yourself that the medical practitioner and/or wellness expert you consult with are suitably qualified and you are empowered to choose the medical practitioner and/or wellness expert that you prefer for platform consultations. We strongly encourage you to discuss any advice you receive when using the Platform with your general practitioner or usual medical practitioner or healthcare provider.

    7.5 Statistical data provided on the Platform may include rounding. Any prices and rates posted are subject to change without prior notice and at our absolute discretion. We assume no responsibility for errors (including factual or other inaccuracies or typographical errors) or omissions (if any) present in the Platform.

    7.6 The Materials were prepared on a particular date and may not be updated or reflect any changes in law, events or practice since that date. OCBC does not undertake any obligation to update the Materials or to correct any inaccuracy that may become apparent at a later time. All information, opinions and statements contained in the Materials are subject to change without notice.

  • 8. No warranty

    8.1 You agree and acknowledge that the Platform is provided "as is" and "as available". No warranty of any kind, implied, express or statutory, including but not limited to 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 any information and materials provided through the Platform.

    8.2 Without prejudice to the generality of the foregoing, OCBC does not warrant:

    1. the accuracy, timeliness, adequacy or completeness of the Platform;
    2. that your use of and/or access to the Platform, or the operation of the Platform, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected;
    3. that the Platform will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros;
    4. that use of the Platform by you will not infringe rights of third parties;
    5. that the products, platform consultations, services, materials and information contained on the Platform are appropriate or available for use.

    8.3 You acknowledge and agree that OCBC does not warrant the security of any information transmitted by or to you using the Platform and you hereby accept the risk that any information transmitted or received using the Platform may be accessed by unauthorised third parties and/or disclosed by OCBC and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.

    8.4 You will not hold OCBC or any of its 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 Losses (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.

  • 9. Personal Data

    9.1 You consent to OCBC, its related corporations (collectively, "Related Corporations"), and OCBC's and Related Corporations' business partners and agents (collectively, "Representatives") collecting (including by way of recorded voice calls), using and disclosing your personal data in connection with activities on the Platform and/or and transactions made via the Platform for purposes reasonably required by OCBC, Related Corporations and Representatives. Such purposes are set out in the Platform's Data Protection Policy, accessible at www.healthpassbyocbc.sg/data-protection-policy which you have read and understood.

    9.2 Certain products, platform consultations and/or services may be provided by the relevant Third Party Provider, medical practitioners and/or wellness experts on a part of the Platform via framing or via the relevant Third Party Provider's own website or webpage (to which you may be directed from the Platform) and may be co-branded with OCBC's logos or trade marks, even though these are not operated or maintained by OCBC. You acknowledge that any Personal Data submitted via such part of the Platform or Third Party Provider's website or webpage may include Third Party Provider (as the case may be) as the recipients. You further acknowledge that any collection, use and/or disclosure of such Personal Data on such parts of the Platform or Third Party Provider's website or webpage may be subject to such terms and conditions as may be prescribed in Third Party Provider's own privacy policy. OCBC shall not be responsible for the privacy practices or policies of Third Party Provider. You are encouraged to learn about the privacy practices or policies of Third Party Provider.

    9.3 OCBC may contract with one or more third parties to provide, maintain and host the products or services on the Platform, including but not limited to the Operator. Therefore, any information you submit and/or any content which you transmit may be placed and stored on a separate computer server maintained by the Operator or another third party. You acknowledge that such information or content could pass through and may be stored in servers outside OCBC's control. You agree that OCBC has no liability or responsibility for any such pass through or storage of the same.

    9.4 You consent to the collection, storage, communication and processing of any of your information by any means necessary for OCBC to maintain appropriate transaction records and to the release and transmission to and the retention by the relevant third party service providers and hosts of your information to enable your use of the Platform.

    9.5 You acknowledge that all transmissions (whether by email or otherwise) to and from the Platform cannot be guaranteed to be completely secure or error-free and the same could arrive late, be intercepted, corrupted, lost, destroyed, or incomplete, or contain viruses and may not be received by the intended recipient. Consequently, you understand that you should not post or transmit any private or confidential content and/or information (whether yours or any third party's) via the Platform unless you want it to be available publicly. You are aware that the Content transmitted by you may be subsequently forwarded to a third party by the recipient. You further understand that as OCBC cannot control or prevent the transmission of your private or confidential content by a third party, OCBC cannot be responsible or held liable for the same. Accordingly, OCBC does not warrant the privacy and/or security of any transmissions (whether by email or otherwise) to and from the Platform.

  • 10. Exclusion of Liability and Indemnity

    10.1 Notwithstanding anything in these Terms of Use, to the maximum extent permitted by law, we shall in no event be liable for any damages, Losses or expense including without limitation, direct, indirect, special, or consequential damage, inconvenience, moral stress, cost and expense or economic loss of any nature (including, without limitation for any act, omission, neglect or wilful default on the part of Third Party Providers, our agents, contractors, correspondents and/or their respective officers and employees), arising from or in connection with:

    1. any access, use or the inability to access or use the Platform, the Materials, the products, platform consultations and/or the services therein, or reliance on the Materials, products, platform consultations, services and/or any information in the Platform;
    2. any system, server or connection failure, error, omission, interruption, delay in transmission, undeliverable messages, problem with your computer (or such other access or electronic device including but not limited to cellular telephones, smart phones and personal digital assistants), computer virus or other malicious, destructive or corrupting code, agent program or macros;
    3. any use of or access to any other website or webpage provided through the Platform;
    4. any services, platform consultations, products, information, data, software or other material obtained or downloaded through the Platform or from any other website or webpage provided through Platform or from any other party referred through the Platform, or through the use of Platform or reliance on Platform or the contents thereof;
    5. your use or misuse of the Platform;
    6. the unauthorised access by third parties to any of your information that is stored by OCBC
    7. malfunctions and/or errors in the application programming interfaces, computer programmes and/or electronic data interchange interfaces made available to OCBC by a third party; and/or
    8. problems caused by any remedial or preventative measure which may be taken by OCBC in the event of any occurrence of the foregoing.

    10.2 In no event shall OCBC be liable to you, or any other party for:

    1. any amounts due from Third Party Providers and/or other users of the Platform or any other third party;
    2. damages arising in connection with your use of and/or access to the Platform, by you or other third party; and/or
    3. any indirect, special, economic or consequential damage or loss under these Terms of Use,

    whether or not OCBC has been informed of such possibilities.

    10.3 You shall indemnify and hold harmless and keep OCBC indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by OCBC arising from or which is directly or indirectly related to:

    1. your access to and/or use of the Platform and/or any other person or entity's use of the Platform where such person or entity was able to access and/or use the Platform by using your Access Credentials; or
    2. any breach or non-observance of any of these Terms of Use by you or by any other person or entity where such person or entity was able to access and/or use the Platform using your Access Credentials.
  • 11. Intellectual property and content transmitted via the Platform

    All copyright and other intellectual property and proprietary rights in the Platform are owned, licensed to or controlled by OCBC, Third Party Provider(s) or OCBC's licensors or service providers, unless otherwise indicated. You may access the Platform provided that OCBC or the relevant copyright owners retain all copyright and other proprietary notices contained on the content and materials on the Platform. The trade marks, logos, and service marks (collectively the "Trade Marks") displayed on the Platform are registered and unregistered Trade Marks of OCBC and where applicable, Third Party Providers or other third party proprietors identified on the Platform. No right or licence is given to any party accessing and/or using the Platform to download, reproduce or use any such Trade Marks.

  • 12. Termination

    12.1 OCBC, in its sole discretion, may with immediate effect upon giving you notice in any of the manners prescribed in Clause 2 below, terminate your right to access and/or use the Platform and/or invalidate your Access Credentials and may bar access to the Platform (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Terms of Use.

    12.2 Upon your receipt of the notice referred to in Clause 12.1, all rights and/or licences granted to you under these Terms of Use shall immediately cease and terminate and you shall forthwith cease the use of the Platform in any way whatsoever.

    12.3 Termination of these Terms of Use for any reason shall not bring to an end OCBC's rights accrued prior to termination, and your obligations under any provisions of these Terms of Use which are meant to survive the termination.

  • 13. Amendments to Terms of Use

    13.1 OCBC may impose such further terms and conditions and make such amendments to these Terms of Use as OCBC may in its discretion deem fit from time to time. OCBC will notify you of such amendments via email and/or publication on the Platform or such other method of notification as may be designated by OCBC, which you agree shall be sufficient notice for the purpose of this clause. If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Platform.

    13.2 You further agree that if you continue to use and/or access the Platform after being notified of such amendments to these Terms of Use, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Terms of Use and its amendments; and (ii) agreement by you to abide and be bound by these Terms of Use and its amendments. OCBC's right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

  • 14. Amendments to Terms of Use

    Any notice or other communication in connection with these Terms of Use: (i) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (ii) if given personally, will be deemed to have been received upon delivery; (iii) by post, will be deemed to have been received on the second day following posting; (iv) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (v) (a) if given by OCBC to you electronically, will be deemed to have been received upon delivery (and a delivery report received by OCBC will be conclusive evidence of delivery even if the communication is not opened by you); and (b) if given to OCBC electronically, will be deemed to have been received upon being opened by us.

  • 15. Force majeure

    OCBC shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Platform's operation if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures or power supply problems, acts or defaults of any telecommunications network operator or carriers, Internet or network related problems, problems with services rendered by any third party vendors or service providers and the acts or a party for whom OCBC is not responsible for).

  • 16. Assignment

    16.1 You may not assign your rights under these Terms of Use without OCBC's prior written consent. OCBC may, as it sees fit and without your consent:

    1. assign the Platform and any content, personal data, software, and/or documentation used in relation to Platform or any rights associated with any or all of the foregoing (collectively, "Platform Assets") or any part thereof to any third parties; and/or
    2. novate or otherwise transfer all of OCBC's rights and obligations under this Terms of Use to one or more third parties.

    16.2 Immediately upon any third party agreeing to perform the obligations of OCBC in connection with the Platform, the Platform Assets or any part thereof, OCBC shall be fully discharged from all of its obligations and duties in connection with these Terms of Use and otherwise at law. You further agree and understand that by consenting to any collection, use, disclosure or other handling of your personal data by OCBC, you also consent to such collection, use, disclosure or other handling of your personal data by any successor-in-title, transferee or assignee of OCBC, and that for the avoidance of doubt, you shall be deemed to be a customer for the purposes of paragraph 1(p) of the Second Schedule of the Personal Data Protection Act.

    16.3 These Terms of Use will bind you and OCBC and OCBC's successors in title and assigns. These Terms of Use will continue to bind you notwithstanding any change in OCBC's name or constitution or OCBC's merger, consolidation or amalgamation with or into any other entity (in which case these Terms of Use will bind you to OCBC's successor entities).

  • 17. Additional Terms

    17.1 In addition to these Terms of Use, the use of specific aspects of the Platform or more comprehensive or updated versions of the Platform may be subject to additional terms and conditions ("Additional Terms"), which will apply in full force and effect.

    17.2 OCBC reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively "New Features") to the Platform. New Features shall include all new products, applications, programmes, services, functions and/or features which are provided through the Platform at no charge or fee unless otherwise indicated.

    17.3 All New Features shall be governed by these Terms of Use and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Features are provided, and shall be deemed to have agreed to upon use of such New Features. In the event of any inconsistency between these Terms of Use and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the product, application, programme, service, function or feature in question unless otherwise provided.

  • 18. General

    18.1 Use of the Platform and these Terms of Use shall be governed by and construed in accordance with Singapore law but in enforcing these Terms of Use OCBC shall be at liberty to initiate and take actions or proceedings or otherwise against you in Singapore or elsewhere as OCBC may deem fit, and you hereby agree that where any actions or proceedings are initiated and taken in Singapore, you shall submit to the jurisdiction of the courts of Singapore in all matters connected with your obligations and liabilities under or arising out of or in connection with these Terms of Use.

    18.2 If any provision of these Terms of Use is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms of Use and the remaining provisions of these Terms of Use shall not be affected thereby. The rights and remedies provided in these Terms of Use are cumulative and not exclusive of any other right or remedies (whether provided by law or otherwise).

    18.3 No failure or delay to exercise OCBC's rights under these Terms of Use shall operate as a waiver thereof nor shall such failure or delay affect OCBC's right to enforce its rights under these Terms of Use.

    18.4 You acknowledge and agree that OCBC's records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Platform by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Platform and any record of any communications, transactions, instructions or operations maintained by OCBC or by any relevant person authorised by OCBC relating to or connected with the Platform shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that OCBC's decisions on all matters relating to these Terms of Use will be at its absolute discretion and will be final and binding on you.

    18.5 Save for any Third Party Providers, a person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms of Use.

    18.6 You agree and acknowledge that these Terms of Use and the products, platform consultations and/or services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by OCBC. You acknowledge that OCBC shall not be responsible for any telecommunications services through which you access and use the Platform or for any loss you may suffer as a result of you using such a service. You must comply with all the terms and conditions of such a service and pay all the charges connected with it. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Platform shall be your sole responsibility and shall be separately obtained by you, at their own cost, from the appropriate telecommunications or internet access service provider.

  • 19. Notification of Infringement

    19.1 The Copyright Act (Chapter 63 of Singapore) ("Act") contains provisions related to limiting the liability of network service providers such as OCBC who provide services such as system caching or user storage and information location.

    19.2 Where a copyright owner furnishes to OCBC (through OCBC's designated representatives) a valid notice in the form prescribed by the Act, OCBC will take reasonable steps to remove or disable access to the relevant material in accordance with the Act. Where the person who made available such material furnishes to OCBC a valid notice in the form prescribed by the Act, OCBC will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and OCBC is informed in writing in accordance with the Act.

    19.3 Should you wish to provide a take-down and counter notice to OCBC, please ensure that such takedown and counter notices are in conformance with the form prescribed by the Act. OCBC will not act on any notice unless the notice is a valid notice in the form prescribed by the Act.