USER & PRIVACY AGREEMENT

Welcome to EUDA! 

Thank you for using our Platform and services (“Services”). The Services are provided by Kent Ridge Pacific Private Limited (“Kent Ridge Pacific”, “we”, “us”, or “our”).

By using our Services and/or this Platform, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse and might change, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with us if you use those Services.

Using our Services

We operate the webPlatform located at kentridgehealth.com and other related webPlatforms and mobile applications with links to this User & Privacy Agreement (collectively, the “Platform”). We offer workplace incident and safety management services (“Workplace Safety Management”) and claim management services (“Claim Management”) through our platform enabling our customers (“Customers”) to report their employees’ health condition and allowing us to engage healthcare professionals and allied healthcare professionals (“Providers”). Both Customers, Providers and Kent Ridge Pacific users will be jointly referred to as Users. 

By accessing and using the Platform, you agree to be bound by this User & Privacy Agreement and all other terms and policies that appear on the Platform. If you do not wish to be bound by any of this User & Privacy Agreement, you may not use the Platform or the Healthcare Services.

Services

Workplace Safety Management

All Services delivered to you are bound by any Commercial Agreement between you (and/or your company) and us. For avoidance of doubt, if there are any conflicts in terms between this User Agreement and the Commercial Agreement, the terms in the Commercial Agreement will take precedence. 

Creation of incidents through the Platform does not mean notification of such incidents. It is the duty of the User to ensure that there is/are adequate action(s) taken to contact service staff. 

PLEASE DO NOT USE OUR SERVICES OR THE SOFTWARE APPLICATION TO SEEK MEDICAL SERVICES FOR LIFE THREATENING EMERGENCY CASES. CALL YOUR LOCAL MEDICAL EMERGENCY HELPLINE FOR AMBULANCE OR GO TO THE NEAREST HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT IMMEDIATELY IF THERE ARE LIFE THREATENING EMERGENCY CASES.

Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. We are not liable for any professional advice you obtain from a Provider via our Platform, including any misdiagnoses or any other acts or omissions. Any reliance on any information provided on the Platform or through the Healthcare Services is solely at your own risk

Claims Management

Submission of claim information through our Platform by Providers is the sole responsibility of Providers. We reserve the right to review, make amendments to, approve and/or reject any claims made by Providers. 

Platform Content

None of the Platform content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Privacy

In using the Service, you may have access to confidential information of Kent Ridge Pacific and its licensors and suppliers (“Confidential Information”) that may include, but is not limited to, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation, and protected health information and other information contained in medical records and other records through the Service (“PHI”). 

You agree to maintain and safeguard vigilantly the privacy and security of all Confidential Information and you will use and disclose PHI only in accordance with all local requirements and with security measures and controls that may be required from time to time by Kent Ridge Pacific and its licensors and suppliers. You shall implement and maintain appropriate administrative, physical, technical, and procedural safeguards to protect the confidentiality, integrity, and availability of all Confidential Information, to protect against reasonably anticipated threats or hazards, and to prevent use or disclosure of Confidential Information accessed through the Service other than as permitted by this Agreement or required by law. 

Such safeguards shall comply with all applicable local requirements and with security measures and controls that may be required from time to time by Kent Ridge Pacific and its licensors and suppliers. Without limiting the foregoing, you agree to undertake all necessary measures to ensure the privacy and security of all Confidential Information including without limitation:

(i) To use the Service and the Confidential Information only as needed to perform your responsibilities as a Customer or Provider or any other User.

(ii) Not to access, use or disclose any Confidential Information that you have no legitimate authorization to access, use or disclose.

(iii) To restrict physical and system access to the equipment which contains Confidential Information or which gives access to the Service (such as by diligently locking and monitoring office premises and requiring password verification to gain access to desktop computers).

(iv) Implementing all required policies and procedures to ensure compliance with applicable local law. 

You immediately shall notify and cooperate fully with Kent Ridge Pacific in the event you discover or suspect:

(a) Any unauthorized use of or access to the Platform or Service.

(b) Any inappropriate use or disclosure of information contained in or obtained through the use of the Platform or Service.

(c) The recognition or introduction of any viruses, worms, trojan horses and other destructive items.

(d) Any Security Incident or Breach. In the event that a Security Incident or Breach occurs, you shall take affirmative steps to notify all affected parties of the Security Incident or Breach, to cure the Security Incident or Breach and prevent future Security Incidents or Breaches, and to mitigate the effects of the Security Incident or Breach.

Kent Ridge Pacific is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of health information. Information you provide to your Provider in-person might be found in our Platform and is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We will place considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as notifications, service announcements and administrative messages. These communications are considered part of the Services and facilitating the delivery of the Services. 

Kent Ridge Pacific is not liable for any insecure messaging of personal health information taken place outside of the Platform due to failure of the Platform or failure to use the Platform for the delivery of the Services. 

User Accounts

When you register on the Platform, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Kent Ridge Pacific (collectively “Account Information”). Alternatively, you may be provided log in details via email. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Platform will be true, accurate, current, and complete. 

You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Kent Ridge Pacific reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and your Account Information. In no event and under no circumstances shall Kent Ridge Pacific be held liable to you for any liabilities or damages resulting from or arising out of your use of the Platform or Services or or your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

You may have access to personal and medical information of others, other than your own. You may not release, take screenshots of and/or any other actions that attempt to record any and all personal and/or medical information, whether it is your personal information or otherwise. Kent Ridge Pacific reserves the right to take legal action against any User should any of these attempts occur. 

Access Rights

You are eligible to use this Platform because you are a member of the staff of a Customer or Provider of Kent Ridge Pacific or other related parties. 

We hereby grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform based on the rights assigned to you by us and/or your Company only as permitted under this User & Privacy Agreement and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny, suspend or otherwise terminate use of the Platform to you or anyone for any reason. You agree that you will not, and will not attempt to:

a) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

b) Use the Platform or Services to violate any local or international law;

c) Use the Platform or Services outside Singapore;

d) Reverse engineer, disassemble, decompile, or translate any software or other components of the Platform;

e) Distribute viruses or other harmful computer code through the Platform;

f) Otherwise use the Platform in any manner that exceeds the scope of use granted above;

h) Use abusive language when communicating;

i) Contact Providers and our representatives for Services outside of the Platform, unless there is a failure in the Platform. Any communication during failure of the Platform will be in accordance with our Business Continuity Plan. 

We strongly recommend that you do not log in to the Platform on public computers. We also recommend that you do not store your Account password through your web browser or other software. Should you choose to do so, you do so at your own risk and Kent Ridge Pacific is not liable for any resulting loss or damage.

Fees and Purchase Terms 

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All Fees and Purchase Terms will be unique and in accordance to other Commercial Agreements between us and the User. You agree that Kent Ridge Pacific is authorized to immediately invoice your account for all fees and charges due and payable to Kent Ridge Pacific hereunder through this Platform and that no additional notice or consent is required. Payment preference indicated will be indicative of your final decision at any time. 

Kent Ridge Pacific offers no guarantee that you shall receive reimbursement from your health plan or insurer. 

Web Platform Links

The Platform may be linked to other web Platforms that are related to Kent Ridge Pacific (collectively, “Third-Party Platforms”). We will not be liable for any information, software, or links found at any Third-Party Platforms, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such webPlatforms or their respective operators.

Ownership

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Kent Ridge Health, its licensors or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This User & Privacy Agreement permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to this User & Privacy Agreement. You must not access or use for any commercial purposes, other than that permitted by other Commercial Agreement between us and you, any part of the Platform or any services or materials available through the Platform.

Trademarks

Certain of the names, logos, and other materials displayed on the Platform or in the Services may constitute trademarks (registered and unregistered), trade names, service marks or logos(“Identities“) of Kent Ridge Pacific or other entities. You are not authorized to use any such Identities without the express written permission of Kent Ridge Pacific. Ownership of all such Identities and the goodwill associated therewith remains with us or those other entities.

Termination

You may deactivate your Account at any time, for any reason by sending an email to support@KentRidgeHealth.com. We may suspend or terminate your use of the Platform, your Account and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. 

Right to modify

We may at our sole discretion change, add, or delete portions of this User & Privacy Agreement at any time on a going-forward basis. Continued use of the Platform and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised User Agreement, inclusive of such changes.

Disclaimer of Warranty
You expressly agree that use of the Platform or Services is at your sole risk. Kent Ridge Pacific expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to any warranty of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.

You acknowledge and agree that this Platform does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting Customers, Providers and Kent Ridge Pacific. You acknowledge and agree that the Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate. 

Limitation of Liabilities
You understand that to the extent permitted under applicable law, in no event will Kent Ridge Pacific or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Platform or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification
You agree to indemnify, defend and hold harmless Kent Ridge Pacific, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees on an indemnity basis (“Claims”), resulting from, or alleged to result from, your
violation of these Terms and Conditions. 

Records
Any clinical records created as a result of your use of the Platform will be securely maintained by Kent Ridge Pacific on behalf of your Healthcare Professional(s) for a period that is no less than the minimum number of years such records are required to be maintained under the relevant local law.

Governing Law
This User & Privacy Agreement and your use of the Platform shall be governed in all aspects by the laws of the Republic of Singapore. If any part of this User & Privacy Agreement is held to be invalid or unenforceable, the particular term (s) shall be severed to the extent that it is invalid or unenforceable, leaving the remaining User Agreement or part thereof enforceable.

Miscellaneous
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator (appointed by Kent Ridge Pacific). The language of the arbitration shall be English.

You understand that by checking the “agree” box for this User & Privacy Agreement and/or any other forms presented to you on the Platform you are agreeing to this User & Privacy Agreement and that such action constitutes a legal signature. You agree that we may send to you any privacy-related or other notices, disclosures, or communications regarding the Platform and Services (collectively, “Communications“) through electronic means including but not limited to:

(a) By e-mail, using the address that you provide on your profile information.

(b) By posting the Communications on the Platform.

The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by cancelling or discontinuing your use of the Services.

No waiver by the Company of any term or condition set forth in this User & Privacy Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this User & Privacy Agreement shall not constitute a waiver of such right or provision. If any provision of this User & Privacy Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.

Kent Ridge Pacific is not responsible for the internet or data bandwidth and signal of your mobile device.

Please report any violations of this User & Privacy Agreement to support@KentRidgeHealth.com.

This User & Privacy Agreement was updated on 11th October 2019.