Terms of Use
IMPORTANT: –
OUR SERVICE AND SOFTWARE APPLICATION ARE IN NO WAY DESIGNED TO REPLACE EMERGENCY SERVICES OR CARE PROVIDED BY CLINICS, HOSPITALS OR ANY OTHER MEDICAL INSTITUTIONS. IF YOU HAVE AN EMERGENCY MEDICAL NEED, PLEASE CALL 995 FOR AN AMBULANCE OR GO TO THE NEAREST ACCIDENT & EMERGENCY DEPARTMENT IMMEDIATELY.
Terms of Use
Overview
The HeyAlly application and AllyStore (available both online at www.heyally.com and within HeyAlly application) -collectively termed as “HeyAlly” or “Application” is maintained, operated and owned by Alliance Healthcare Pte Ltd and/or its subsidiaries, related companies and affiliates.
In the following Terms of Use, “Us”, “We” or “Our” refers to Alliance Healthcare Pte Ltd and/or its subsidiaries, related companies, affiliates and/or any subscribed clinics from time to time. “You”, “Your”, “Yours” refers to the user or person to whom these terms and conditions apply to.
Please read the following terms and conditions carefully, together with Our Privacy Policy before accessing and/or Using the Application.By accessing and/or Using the Application, You acknowledge that You have read, understood and unconditionally agree to be bound by these terms and conditions, including and all other terms, conditions, notices and policies referenced herein and/or that appear on the Application (collectively, the “Terms of Use”).
To complement the provision of healthcare services offered by healthcare professionals and healthcare organisations such as outpatient services panels, clinics, physicians, hospitals and pharmacies (collectively, “Healthcare Providers”) on the Application (“Services”), We may also offer the sale of medical/healthcare products and other products & services by third party merchants (“Vendors”) on the Application (“Products”) and vouchers for the purchase of certain Services and/or Products on the Application (“Vouchers”) and from time to time, allow sponsors (“Sponsors”) to carry out promotions on the Application. In these Terms of Use, these Healthcare Providers, Vendors, and Sponsors are collectively referred to “Third Party Providers”.
For the avoidance of doubt, the Application is only a platform to facilitate the offer, sale and delivery of the Products and Services and We are not vendors or sellers of any Products or Services, nor a representative of any Healthcare Providers or Vendors.
Any new functions, features or tools which are added to this application shall also be subject to these Terms of Use. We reserve the right to revise any part of these Terms of Use from time to time, without prior notice to You. All revisions made to these Terms of Use will be reflected by updating this page. You shall, therefore, accept the responsibility to check this page periodically for any updates or changes. By continuing to access and/or use the Application after these Terms of Use have been revised, You expressly agree to be bound by any and all such revisions.
If You do not agree or fall within the Terms of Use, please discontinue the use of the Application and all services provided on it.
SECTION 1: – USER’S WARRANTIES AND REPRESENTATIONS
1. By using the Application, You hereby expressly represent and warrant that: –
a. You agree and undertake to comply with these Terms of Use that may be posted on this Application from time to time.
b. You are at least eighteen (18) years old or that You have obtained the consent of Your parent(s) or legal guardian(s) who have accepted these Terms of Use and have agreed to take responsibility for Your actions, any charges associated with Your use of the Application and the Services and Your acceptance/compliance with these Terms of Use.
c. All the information provided by You to Us (including without limitation, personal details, contact information, health history, and personal health information) is true, current, accurate, complete and not misleading nor forged. You assume all risks associated with Your information, including those arising from any party’s reliance on its quality, accuracy or reliability.
d. You fully understand that the Application is solely a platform to facilitate the sale and delivery of the Services and/or Products, and that the Application is not providing any medical advice or making any recommendations in relation to the Products or Services offered on it.
e. You assume sole and full risk and responsibility for Your decisions to purchase the Services and/or the Products, or Your use of any of the information and materials available on the Application, including any unexpected or undesirable outcomes that may result from such purchase or use.In particular, in deciding to purchase any of the Services and/or Products, You have done Your due diligence and independently assessed the suitability of the Services and/or Products for Your own needs.
f. You fully understand that with respect to any Services and/or Products purchased, the terms of the engagement of the Services or Products purchased shall be entered into directly between You and the relevant service provider or Vendor, and We shall not have any further obligation or involvement in this regard.
g. In the event of medical emergencies or critical care situations, You will seek immediate professional medical attention and not attempt to use the Application.
h. You will not permit or authorize any person to access or use Your account via the Application.
i. You shall use and access the Application in a proper manner. You shall not use the information and content made available to You on the Application for any purpose other than for browsing and/or purchasing the Products or Services on the Application, or as determined by Us from time to time at Our sole discretion.
j. You shall not use the Application in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is deceptive,indecent, offensive, defamatory or fraudulent, to threaten, harass, abuse or intimidate others, to damage Our name or reputation, to breach security on any computer network, or to access an account that does not belong to You, and in any manner that interferes with other Users’use and enjoyment of the Application and/or Products and Services made available on the Application.
k. You will only use the Application to purchase Products or Services for Yourself or for another person for whom You are legally authorised to act.
l. In the event that You purchase Products or Services for another person, You will inform such other person about the Terms of Use that apply to the order You have placed on his or her behalf, including all rules and restrictions applicable thereto.
m. You will not use any materials and information made available on the Application, in particular confidential information, in a manner prejudicial or detrimental to the Our interest.
2. You undertake and agree to immediately notify Us in writing immediately if any of the foregoing representations and warranties become invalid, untrue, incomplete or misleading in any respect.
SECTION 2: – DISCLAIMER AND LIMITATION OF LIABILITY
1. This Application is in no way intended to provide medical advice or recommendations of any kind. This Application is purely a platform to facilitate the sale and delivery of the Products or Services on it.
2. This Application and all its services, information and materials are provided on an “asis” and “as available” basis.
3. We shall not have any responsibility or liability with respect to Your relationship with any Third Party Provider (other than purely facilitating the sale and delivery of Products and/or Services on the Application), and such relationship shall be conducted directly between You and the applicable Third Party Provider, with no involvement or responsibility on Our part.
4. We expressly disclaim any liability for any errors or omissions in the information and materials contained in the Application herein.
5. Any reference made on this Application to any Healthcare Provider or Vendor, or to the Services or Products offered by them, does not constitute or imply as an endorsement to the quality, credentials or fitness of purpose of the said subject.
6. We do not undertake any liability for the quality or type of the Services or Products that are offered on this Application, and for other goods and/or services offered by other third parties which may be linked and/or associated through this Application.
7. We make no representation, warranty or guarantee as to the reliability, quality, timeliness, suitability, availability, accuracy or completeness of the Application, the Services and Products offered on it, the software of the Application, and the services and/or goods provided by any third party which may be linked and/or associated through this Application.
8. Nothing in this Terms of Use shall constitute any representation, warranty or guarantee that: –
a. the Application or its materials or information will be timely provided, uninterrupted, secured or free from errors;
b. the materials and information contained in the Application will be accurate, adequate, reliable and complete;
c. Your use of this Application and the quality of any Products, Services, information or any other materials purchased or obtained by You through the Application will meet Your requirements, expectations or fulfil a stated purpose;
d. any errors or defects in the Application will be corrected; and
e. this Application and its materials are free from any virus or other malicious, destructive or corrupting code, program or macro.
9. No advice or information obtained by You from this Application shall create any warranty unless expressly stated in these Terms of Use.
10. All conditions, representations and warranties, whether express, implied, statutory or other, including but not limited to the warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the maximum extent permitted by applicable laws.
11. You hereby expressly agree that Your use of the Application and the services provided on it, and any consequences arising in the event of Your loss of such use for whatsoever reason (including the incorrect use of the Application), is at Your sole risk. To the maximum extent permitted by law, We shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by You (“Losses”) arising from or in connection with: (a)Your use of, or inability to use the Application, in particular Your usage of PayAlly, (b) Your purchase of any Services or Products, (c) Your reliance on any materials, information or data contained in the Application, whether for the purposes of purchase of the Services or Products or otherwise, or (d) any act or omission of a Third Party Provider; even if We are notified beforehand of the possibility of any such Losses, or such Losses can be deemed to be foreseeable to Us.
12. If, despite the limitations expressed in these Terms of Use, We are found liable for any Losses, in no circumstances will Our aggregate liability, whether in contract, tort or otherwise, for damages to You under these Terms of Use, exceed S$100.00.
SECTION 3: – THIRD PARTY INTERACTIONS
1. During use of the Application, You may enter into correspondence with, purchase the Products and/or Services from, or participate in promotions of the Third Party Providers. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is applicable solely between You and the relevant Third Party Provider. We shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion conducted between You and any applicable Third Party Provider.
2. We do not endorse any applications or sites on the internet that are linked through the Application. In any event, We shall not be responsible for any content, products, services or other materials on or available from such sites or Third Party Providers.
3. We may offer the sale of Vouchers for purchase of certain Products and/or Services such as health screenings or blood tests. However, Your purchase of any Voucher does not constitute the full and final bill payable to the relevant Third Party Provider providing the relevant Products and/or Services. All final bills or tax invoices (as the case may be) are subject to any additional Products and/or Services which You may subsequently purchase from the relevant Third Party Provider during Your interaction with them, which We do or may not have any control over and in respect of which We shall not be held responsible for any additional amount incurred by You.
4. We will facilitate the offer, sale and delivery of Products and/or Services on the Application to You in accordance with the Terms of Use. You acknowledge, however, that certain Third Party Providers may require Your agreement to additional or different terms of use prior to Your use of or access to their Products and/or Services, which We are not a party to. We hereby disclaim any and all responsibility and/or liability arising from such agreements between You and the applicable Third Party Provider.
5. In particular, We are not responsible for any disputes or disagreements between You and any Third Party Provider, arising out of Your engagement with them or any agreement You have entered into with them pursuant to Your purchase of the Products and/or Services. You agree to resolve all disputes directly with the Third Party Provider and to unconditionally release Us of all and any claims, demands, and involvement in any such disputes.
SECTION 4: – FEE AND PURCHASE TERMS
1. We provide an in-app and online payment system which is known as “PayAlly” to facilitate the management of the payments made by You to Third Party Providers through the Application, where You may use Your credit card or PayLah! to make payments via the payment gateway supported by the Application. You acknowledge that PayAlly is merely an intermediary to facilitate payments made by You, and that PayAlly is provided to You for Your convenience only. All payments made through PayAlly are made directly to the accounts of the billing parties.
2. You agree to pay and undertake (if applicable) to be personally liable for all fees or charges (including those arising from third party services used to verify, secure and/or process Your payments) to Your account in accordance with the fees, charges and billing terms in effect at the time they are incurred and in relation to this:-
a. You authorise Us to bill and charge the debit or credit card registered under Your account for any fee or charges that are due and payable.
b. You shall promptly furnish Us with valid debit or credit card details for payment or information in the event We are unable to proceed with payment from Your registered card.
c. You agree that Your purchase of the Services / Products through the Application will not be fulfilled until full payment has been received by Us; and
d. to facilitate payment for Your transaction, You consent to Our disclosure of Your debit or credit card information and associated payment information to Our designated payment processor. This information will be shared solely for the purpose of collecting the fees and charges.
3. We make no warranty that the payment services provided under PayAlly as described above will be available, uninterrupted, error-free or otherwise meet Your expectations from time to time. We shall also not be responsible for: (a) any malfunction in computer system, software or any internet access service provider or any telecommunications provider that may affect the accuracy or timeliness of the online transmission of payment instructions, and (b) if any information provided is inaccurate or if payment instructions are not given sufficiently in advance to allow for timely payment or if payment instructions cannot be carried out for any reason beyond Our control.
4. While We take reasonable efforts to maintain the confidentiality and security of Your financial information collected for the purposes of this section, We cannot guarantee that any information that is transmitted or stored electronically is completely secure or that no harmful code will enter the Application (for example viruses, bugs, trojan horse, spyware, adware). You assume full and sole risk in Using PayAlly and agree that You have no claim whatsoever against Us for any information leakage which is beyond Our control.
SECTION 5: – VOUCHERS
1. We may from time to time offer the sale of Vouchers for certain Products and/or Services provided by Third Party Providers.
2. We do not provide You with any representation, guarantee or warranty that Your purchase any of these Vouchers constitutes the final amount payable to the relevant Third Party Provider. Your purchase of the Voucher will automatically create a separate agreement between You and the relevant Third Party Provider, which We have no control over and in respect of which, We shall not have any responsibility or liability for the same.
3. Vouchers are non-refundable and cannot be exchanged for cash in part or in full and are valid for a single transaction only.
4. Vouchers are valid until the expiry date stated on the respective Voucher and strictly no extension of the expiry date is allowed.
5. We are not responsible if the Voucher is lost, stolen, damaged, destroyed, rejected or otherwise. No replacement will be provided under any circumstances.
6. In addition to the terms set forth herein, the Usage of Vouchers shall also be governed by additional terms and conditions stipulated on the respective Voucher, as stated in the product descriptions column at the time of the purchase or in any other ways that We deem reasonably fit and proper to notify You.
7. We are not responsible for any disputes or disagreements between You and any Third Party Provider. You shall resolve all disputes directly with the Third Party Provider and unconditionally release Us of all and any claims, demands, and involvement in any such disputes.
SECTION 6: – ALL SALES ARE FINAL/REFUND POLICY
1. We do not accept any cancellation/amendments of orders once payment has been made. You are therefore under an obligation to confirm Your orders before proceeding to make payment.
2. All payments made are non-refundable and non-transferable except as expressly provided in these Terms of Use.
3. We reserve the right to cancel any order at Our sole discretion. If such cancelation is made, You will be notified in writing and a refund will be processed as an exceptional case.
SECTION 7: – REWARD POINTS
1. As a user of the Application, You are automatically eligible for reward points (“RewardPoints”) awarded by Us for the purchases You make on the Application Alternatively, We may reward You with promotions or any other methods provided for by Us from time to time in lieu of the Reward Points, at Our sole and absolute discretion.
2. The accrued Rewards Points can be used to fulfil all or part payment of Your purchases on the Application (except for purchases made on AllyStore online) or to redeem other rewards during their applicable validity period (“Reward” or “Rewards”).
3. Once the accrued Reward Points have been redeemed for any Reward, such Reward Points cannot be refunded or transferred back to Your account in the Application.
4. We may at Our sole and absolute discretion, increase or decrease the Reward Points to be given for each selected purchase and We shall keep You notified of the same from time to time.
5. We are under no obligation to provide any explanation regarding the calculation methods or any other matters relating to the Reward Points or related discounts thereof for whatsoever purpose.
6. The accrued Reward Points shall be redeemed within the timeframe stipulated by Us, failing which, the affected Reward Points shall automatically expire and be forfeited by Us and without notice to You. Expired Reward Points cannot be reinstated, and You agree that You will have no claim whatsoever against Us for any expired Reward Points.
7. You understand and agree that the Reward Points have no monetary value and are not redeemable for cash in any form. The Reward Points cannot be purchased, resold or transferred, for value or otherwise. In addition, Reward Points also shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
8. We may at Our sole and absolute discretion reject Your request to redeem Your Reward Points for any reason whatsoever, including without limitation, where there are insufficient Reward Points to redeem for a particular Reward, or where the Reward is no longer available, or where Reward Points You wish to utilise for redemption have been issued to You in error.
9. You may check the balance of Your Reward Points and redemptions made in the Application. Your Reward Points balance and redemptions as set out in the Application shall serve as conclusive evidence of the same.
10. Fraud, abuse of redemptions or any dishonest activities in relation to the Reward Points may result in the forfeiture as well as termination of Your account on the Application.
11. To the extent as permitted by applicable laws, without prior notice to You and at Our sole discretion, We reserve the right at any time to:-
a. vary, modify or amend the terms and conditions regarding the Reward Points;
b. revoke, adjust and/or recalculate any Reward Points awarded;
c. vary the number of Reward Points required to qualify for a specific Reward or substitute any Reward with another of a similar value;
d. modify the qualifications and criteria for eligibility to earn Reward Points;
e. modify the types of activities that earn Reward Points;
f. modify the methods used to calculate the number of Reward Points to be awarded;
g. withhold or cease the awarding of Reward Points to You; or
h. change the expiry period of Reward Points.
SECTION 8: – MODIFICATIONS OF PLATFORM
We reserve the right at any time to modify and/or discontinue, temporarily or permanently, any of Our platforms and services with or without notice. You agree that We will not be held liable or responsible for any loss, damage, expense and cost suffered by You directly, incidentally, consequentially or indirectly arising from any modification, suspension or discontinuance of Our platform and/or any of Our services.
SECTION 9: – TERMINATION
1. We reserve the right to suspend or terminate Your account and refuse You any current or future use of this Application, in Our sole discretion, without any notice, for any reason whatsoever, including where We have reasons to believe that You have breached or acted inconsistently with these Terms of Use.
2. We will not be liable in any way to You or to any third party for any Losses arising out of or in connection with such termination.
3. In the event that you wish to discontinue using Our platform and services, you may delete your account with Us. However, please be informed that once Your account is deleted, it will not be recoverable and all your existing benefits (e.g., points, vouchers, etc) stored in or associated to Your account will be lost. We hereby reserve our right to retain your information to fulfil our legal obligations and other lawful purposes in accordance with the applicable data privacy law.
SECTION 10: – COPYRIGHT AND TRADEMARK
1. All intellectual property rights to the Application and Our website (where linked through the Application), including but without limitation to, copyright, trademarks, registered or unregistered service marks and logos are Our property and/or its strategic partners.
2. Except as expressly provided, We do not grant any express or implied rights to Usage of Our content and/or intellectual property and such contents and/or intellectual property shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way. Your access to or use of the Application or Our website (where linked through the Application) shall not be construed as granting any license or right to use any intellectual property including content trademarks, trade names, logos or service marks appearing on the Application or Our website without Our prior written consent.
SECTION 11: – INDEMNITY
To the maximum extent permitted by law, You shall indemnify and hold Us and Our directors, officers, employees, consultants, and agents and its Third Party Providers harmless against all damages, losses (direct or indirect), expenses and costs (including legal costs) suffered or incurred in connection with or arising out of Your breach of any these Terms of Use or any documents incorporated by reference, or Your violation of any law or the rights of a third-party, or any unauthorized access of this Application and/or use of the online services using Your user ID and/or password, or any other party’s breach of any these Terms of Use & conditions of access where such party was able to access this Application and/or use the online services by Using Your User ID and/or password.
SECTION 12: – NON-WAIVER AND ENTIRE AGREEMENT
1. The failure of Us to exercise or enforce any right or provision of these Terms of Use shall not constitute as a waiver of such right or provision.
2. These Terms of Use, together with any other policies or operating rules posted by Us on this Application or in relation to the services provided on it constitute the entire agreement and govern Your use of Our Application and such services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us.
3. Any ambiguities in the interpretation of these Terms of Use shall not be construed against Us.
SECTION 13: – SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable laws, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14: – SURVIVABILITY
The terms of this Terms of Use that address or relate to the following concepts will survive termination of access to and/or any use of the Application, whether by Us in accordance with section 9, or by You voluntarily: rights of termination, representations and warranties, indemnification, limitation of liability, disputes, and any other terms expressly stated in this Terms of Use to be of a survivable nature.
SECTION 15: – GOVERNING LAW AND JURISDICTION
The Application and the Terms of Use shall be governed by and construed in accordance with, the laws of the Republic of Singapore, without giving effect to any principles of conflicts of law and You agree to submit to the exclusive jurisdiction of the Singapore Courts.
SECTION 16: – COMPLAINTS, DISPUTE & ENQUIRIES
1. We welcome Your feedback including any complaint or dispute You may have as a customer with Our service.
2. If You would like to make a formal complaint You should do so as soon as possible; We will always endeavour to resolve the issue quickly. You should make Your complaint by writing in email via [email protected] or via Our customer service line at 6664 0263.
3. Questions about these Terms of Use should be sent to Us at [email protected].