By accessing and/or using any WhiteCoat Site and/or any Service, you hereby agree to be legally bound by these Terms of Service. If you do not accept these Terms of Service, please leave the WhiteCoat Sites and discontinue the use of all WhiteCoat Sites and/or all Services immediately.
IMPORTANT: DO NOT USE THE WHITECOAT APP FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or dial 995 immediately. Further, the WhiteCoat Sites should not be used under any of the circumstances set out in Clause 8.1 below.
1.2 WhiteCoat may from time to time vary or amend these Terms of Service by posting the amended Terms of Service at any of the WhiteCoat Sites. Any access to and/or use of the WhiteCoat Sites and/or the Services after the amendment of these Terms of Service will be deemed to be acceptance of the amended Terms of Service by you. If you do not agree to the amended Terms of Service, you have the right to leave the WhiteCoat Sites and cease using the WhiteCoat Sites and the Services.
2.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
“Agreement” means the agreement formed by these Terms of Service.
“Consultation” means the real-time video and audio medical consultation with a Doctor via the relevant WhiteCoat Site.
“Content” means articles, content, information, data, text, graphics, images, audio-visual material, news, advertisements, and other content.
“Device” means the personal digital assistant, mobile phone, tablet, personal computer, notebook computer, or any other electronic device used to access and/or use the WhiteCoat Sites and/or the Services.
“Doctor” means a medical doctor providing the Services via the relevant WhiteCoat Site.
“Marks” is defined in Clause 6.2.
“Servers” means the computer software, systems, and servers hosting, operating, managing, providing, or contributing to the WhiteCoat Sites and/or the Services.
“Services” is defined in Clause 3.2.
“Third Party Content” means all Content of third parties that is made available on or accessible via any WhiteCoat Site, and shall include all third party websites and all links to third party websites.
“Virus” means any virus, worm, macro, adware, Trojan horse, time bombs, error, or other damaging or harmful program or components.
“WhiteCoat App” means WhiteCoat’s electronic health consultation, prescription and delivery application to which these Terms of Service are appended.
“WhiteCoat Content” means all Content of WhiteCoat that is made available on or accessible via any WhiteCoat Site.
2.2 In this Agreement, unless otherwise stated, (i) words in the singular shall include the plural, and vice versa; (ii) clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement; (iii) the words “include” and “including” shall not be construed as having any limiting effect; and (iv) any reference to any statute or legislation shall be deemed to be a reference to such statute or legislation as amended from time to time and be deemed to include any subsidiary legislation made thereunder.
3. WhiteCoat Sites and Services
3.1 The WhiteCoat Sites are owned and maintained by WhiteCoat or its affiliates or related corporations.
3.2 WhiteCoat may offer the following services on or through the WhiteCoat Sites (the “Services”) (i) Consultations for (a) common primary healthcare symptoms and related signs; (b) chronic disease management; (c) travel medication advice; (d) advice on laboratory results; (e) and advice regarding sexual health or contraception; (ii) prescriptions of medication (including travel medicine) and referrals from a Doctor, when medically necessary, following consultation; (iii) sale and delivery of medication prescribed by a Doctor; (iv) and any other features, contents, or applications that WhiteCoat may offer at the WhiteCoat Sites from time to time in its sole discretion.
3.3 Access to and/or use of the relevant WhiteCoat Sites and/or the Services provided by WhiteCoat are at charges to be stipulated by WhiteCoat from time to time, provided that you will be given an opportunity to decline or discontinue further access to and/or use of the relevant WhiteCoat Sites and/or the Services if you do not agree with the charges.
4. Data Protection
5. User’s Obligations
5.1 You shall not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade, or exploit for any commercial or other purposes, any portion of, or any access to (i) any Services; (ii) any of the WhiteCoat Sites; (iii) any WhiteCoat Content except with the prior written consent of WhiteCoat or where expressly permitted in the WhiteCoat Sites; or (iv) any Third Party Content except with the prior written consent of the owner of the specific Third Party Content.
5.2 You also hereby agree and undertake to comply with this Agreement, and such other notices or guidelines that may be posted on the WhiteCoat Sites by WhiteCoat from time to time (which are hereby incorporated by reference into this Agreement).
You also hereby agree and undertake (if applicable) to be personally liable for, and to pay, all fees or charges in accordance with the fees, charges, and billing terms in effect at the time they are incurred, and in this regard (i) you hereby authorise WhiteCoat to bill and charge the debit or credit card registered under your account for any fees or charges as they become due and payable; (ii) in the event that your credit card expires or WhiteCoat is otherwise unable to debit the applicable amounts from your debit or credit card, you shall on request immediately furnish WhiteCoat with a valid debit or credit card for payment or such information as WhiteCoat may require; (iii) you agree that your request for the Services through the relevant WhiteCoat Sites will not be fulfilled until full payment has been received and/or verified; and (iv) in order to facilitate payment for your Consultation, you hereby consent to the disclosure by WhiteCoat of your debit or credit card information and associated payment information to its designated payment processor. This information will be shared solely for the purpose of collecting the fees and charges.
You also hereby agree and undertake to maintain the confidentiality of the password to your account on the relevant WhiteCoat Sites, and for all activities that occur under your account.
You also hereby agree and undertake not to use any Services or WhiteCoat Content for any unlawful purpose, and to comply with all applicable laws and regulations, including copyright law.
You also hereby agree and undertake not to hack into, interfere with, distribute Viruses or other harmful computer code, or disrupt the WhiteCoat Sites, Services, or Servers.
You also hereby agree and undertake not to use the account of another member at any time, whether with or without his/her permission.
You also hereby agree and undertake not to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
5.3 Without prejudice to WhiteCoat’s rights of termination under Clause 9, WhiteCoat reserves the right to terminate your access and/or use to all or any part of the WhiteCoat Sites or Services if you are in breach of this Agreement, or if WhiteCoat believes that you have been using any of the WhiteCoat Sites, or any of the Services, for unlawful activity.
6. Intellectual Property
6.1 The copyright, patents, and all intellectual property rights in the Services, the WhiteCoat Sites, and all WhiteCoat Content, including the copyright in WhiteCoat’s compilations of all WhiteCoat Content and Third Party Content, shall vest in and remain with WhiteCoat and its licensors.
6.2 The trademarks, logos, and service marks (collectively, the “Marks”) displayed on the WhiteCoat Sites are the property of WhiteCoat or other third parties, and all rights to the Marks are expressly reserved by WhiteCoat or the relevant third parties. You are not permitted to use the Marks without the prior written consent of WhiteCoat or such third party. Without limiting the generality of the above, (i) “WhiteCoat” and the WhiteCoat logo are trademarks of WhiteCoat; and (ii) all products and product logos are trade marks of WhiteCoat and other owners, as applicable.
7. Use of WhiteCoat Content
7.1 All WhiteCoat Content is the copyrighted work of WhiteCoat or its content or software providers, and WhiteCoat reserves and retains all rights in the WhiteCoat Content. Use of some WhiteCoat Content may be governed by the terms of an accompanying end user license agreement.
7.2 You may not decompile, reverse engineer, decode, or decrypt any of the WhiteCoat Sites or otherwise attempt to discover the source code of any of the WhiteCoat Sites, or any Services or any WhiteCoat Content available on the WhiteCoat Sites.
8. Disclaimers & Limitations
8.1 Consultation & Treatment
WhiteCoat does not warrant or make any representations that the WhiteCoat Sites, in particular, the WhiteCoat App or an interactive video, audio, or text consultation, is the appropriate channel of consultation for your particular health care problem, or meets your specific requirements. WhiteCoat prohibits, and disclaims any liability for, any use of the WhiteCoat Sites for the provision of any emergency services or where diagnosis or treatment in-person is required. If you require urgent care or emergency treatment, you should consult a doctor in person or contact your local emergency services immediately. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions: (i) emergency conditions; (ii) non-minor conditions; (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a Consultation to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities.
You agree to comply immediately, with all instructions by any Doctor to consult a doctor in person, to seek emergency treatment, to consult a specialist, and/or to procure further examination, measurement, or testing, and you agree not to hold WhiteCoat liable for any failure to so comply.
You may be issued with a prescription for medicine by a Doctor and may also be prompted by WhiteCoat to use WhiteCoat’s delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. The Doctor will use his or her best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. WhiteCoat shall not be responsible for ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by the Doctor. WhiteCoat shall also not be responsible for any instructions in relation to the medication provided by a Doctor, a pharmacist or anyone else associated with the provision of medication you have been prescribed.
You will comply with any instructions given in relation to any prescription provided to you including, in particular, route, timing and dosages; you will promptly report any side effects of any prescription to a doctor; you will protect anything prescribed to you and not permit any other person access to the prescribed medication; and you will not use any prescription after its expiry date.
The relevant WhiteCoat Site may provide a referral to clinicians in situations where appropriate.
You acknowledge, and agree not to hold WhiteCoat liable for, the potential and inherent risks associated with remote medical consultation and prescription through a mobile and/or an electronic medium, including the following risks: (a) the information transmitted by you or us may not be sufficient or accurate (e.g. poor resolution of images, poor lighting or sound, colour inconsistencies) to allow for appropriate healthcare decision making, thus necessitating a face-to-face consultation with a doctor; (b) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure, and weight, may result in inaccurate evaluation and diagnosis; (c) a lack of access to all your health records may result in adverse drug interactions, or allergic reactions, or other judgement errors; (d) software, hardware, or data transmission problems or failures may impede, or cause delays in, evaluation, diagnosis or treatment; or (e) security protocols could fail, causing a breach of confidentiality or personal data protection.
8.2 Content, WhiteCoat App & Services
While we make every effort to ensure that all WhiteCoat Content displayed on the WhiteCoat App is accurate and complete, we provide the WhiteCoat Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, WhiteCoat disclaims all warranties, express or implied, including implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, and the warranty of non-infringement. Without limiting the foregoing, WhiteCoat does not warrant that the functions contained in or access to the WhiteCoat App, Services, WhiteCoat Content or other content will be timely, uninterrupted, error-free, or without omission, that defects will be corrected, or that the WhiteCoat App, Services, WhiteCoat Content or the Servers are free of Viruses, or that the download, installation, or use of any WhiteCoat Content in or with any Device will not affect the functionality or performance of the Device. You (and not WhiteCoat) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem, and damage in any Device. You agree not to hold WhiteCoat liable for any loss, damage or expense.
WhiteCoat does not warrant or make any representations regarding the access and/or use of, or the results of the use of, any Content or any Services, or the WhiteCoat Sites, in terms of their correctness, accuracy, completeness, reliability, or otherwise. The Content, data, and information made available on the WhiteCoat Sites (other than the medical advice received from a Doctor) are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or any expert advice. You should at all times consult a qualified expert or a professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.
The views and positions expressed in the WhiteCoat Sites (as applicable) are personal views of the applicable authors and do not represent the views or positions of WhiteCoat.
You acknowledge and agree that it is not WhiteCoat’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials, or contents of any Third Party Content, or any posting or information that may be linked to, inserted or made accessible on or from the WhiteCoat Sites and that WhiteCoat does not endorse, has no control over and shall not be responsible for any Third Party Content. WhiteCoat hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.
You agree that all Third Party Content, and all statements, offers, information, opinions, and materials, from other users, and from advertisers and other third parties, where available on or accessible via the WhiteCoat Sites, should be used, accepted, and relied upon only with care and discretion, and at your own risk, and WhiteCoat shall not be responsible for any loss, damage, expense, or liability incurred by you arising from such use, acceptance or reliance.
8.3 No Liability for Changes to WhiteCoat Content or Services
You agree that (i) WhiteCoat shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, update, terminate, withdraw, or suspend the operation of the whole or any part or feature or Content of the WhiteCoat Sites or Services without assigning any reason; and (ii) access to and/or use of the WhiteCoat App, Servers, and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any of the foregoing events, WhiteCoat shall not be liable for any loss, liability, or damage which may be incurred as a result.
In no event shall WhiteCoat be liable to you for any damages, losses, expenses, and/or liabilities under any causes of action (whether in contract or tort, including negligence, or otherwise) caused through the access to or use of, or the inability to access or use, the WhiteCoat Content, any Third Party Content, the Services, any Devices, the WhiteCoat Sites, or any other website. In the event that WhiteCoat is liable for damages despite the foregoing provision, you agree that WhiteCoat’s aggregate liability to you for any and all causes of action in relation to the WhiteCoat Content, any Third Party Content, the Services, any Devices, the WhiteCoat Sites, any other website and this Agreement, shall not exceed the total amount of fees and charges paid by you to WhiteCoat for the Services from which such liability arose.
Under no circumstances shall WhiteCoat be liable for any indirect, special, consequential, or incidental damages that result from the access to or use of, or the inability to access or use, the WhiteCoat Content, any Third Party Content, the Services, any Devices, the WhiteCoat Sites, or any other website, even if WhiteCoat or a WhiteCoat authorised representative has been advised of the possibility of such damages.
You agree that the above exclusions and limitations of liability enable the Services and the WhiteCoat Content to be provided by WhiteCoat at reasonable costs, or no costs, to you.
The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from WhiteCoat’s negligence.
9.1 You agree that WhiteCoat has the right in its sole discretion and without notice to restrict, suspend, or terminate your access to and/or use of all or any part of the WhiteCoat Sites and/or the Services, without assigning any reason. After such termination, WhiteCoat will have no further obligation to provide the Services, except to the extent that WhiteCoat may be obliged to provide you access to your health records.
9.2 Subject to applicable law, WhiteCoat reserves the right to maintain, delete, or destroy all communications and materials uploaded to the WhiteCoat Sites by you, pursuant to its internal record retention policies or applicable law.
You agree to indemnify and hold WhiteCoat, and its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including legal costs on a full indemnity basis), awards, losses and/or expenses, whether occasioned by your negligence, breach of contract, breach of statutory duty, or otherwise, due to or arising from (i) your access to and/or use of the WhiteCoat Sites or any Services; (ii) your connection to the WhiteCoat Sites; (iii) your release of your account information on the WhiteCoat Sites to a third party; (iv) your breach of any terms and conditions of this Agreement; or (v) your violation of any rights of another person or entity.
If any provision of this Agreement is found to be illegal, void, or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force, save that such provision shall be deemed to be deleted.
12. Relationship of Parties
Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership, or joint venture between WhiteCoat and you, and neither party hereto shall have any authority to bind the other in any way.
13. No Waiver
13.1 A failure by WhiteCoat to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time(s).
13.2 No waiver of any rights under this Agreement by a party hereto shall be effective unless made in writing and signed by such party hereto.
14. Rights of Third Parties
14.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description, except to the extent set out in Clause 14.2 below.
14.2 Any subsidiary or related corporation of WhiteCoat may enforce this Agreement to the same extent as if it were a party hereto.
15. Force Majeure
15.1 No party hereto shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) if the failure results from a Force Majeure Event (as defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
15.2 For purposes of this Agreement, a “Force Majeure Event” is an event, which is a circumstance or event beyond the reasonable control of a party which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
16.1 If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the WhiteCoat Sites, please send us an email at [email protected].
17. Governing Law & Jurisdiction
17.1 This Agreement and all matters relating to your access to, or use of, the WhiteCoat Sites and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
17.2 You hereby submit to the jurisdiction of the Singapore courts.