Think New Holdings Pte. Ltd. (“us”, “we”, or “Hospitap”, which also includes its affiliates) is the author and publisher of the internet resource www.hospitap.com (“Website”) on the world wide web as well as the software and applications provided by Hospitap, including but not limited to the mobile application ‘Hospitap’, and the software and applications of the brand names ‘Hospitap’, ‘Hospitap Tab’, ‘Hospitap Reach’, ‘Hello’, and ‘Health Account’ (together with the Website, referred to as the “Services”).
This Agreement, among other things, provides the terms and conditions for use of Subscription Services, primarily a web based practice management hosted and managed remotely through the website and through native mobile applications as described in Section 3.9 of this Agreement. The site www.hospitap.com is owned and operated by Hospitap.
1.YOUR AGREEMENT WITH HOSPITAP
1.2 You acknowledge that you will be bound by this Agreement for availing any of the Subscription Services offered by us.
1.3 Your access to use the Subscription Services will be solely at the discretion of Hospitap.
2. WHO IS HOSPITAP?
Hospitap is the author and publisher of the software Hospitap, and all their variants, editions, add-ons, and ancillary Subscription Services or services (including all files and images contained in or generated by the software, and accompanying data, together the “Software”). The Subscription Services have been designed for use at businesses, institutions, establishments and organisations engaged in the healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Software), and clients of the healthcare providers (“End-Users”, which term shall also include members of public who search for Practitioners on the website anonymously or as a registered user of the Service) to find, manage and organise information including but not limited to personal or non-personal information, practice and business information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Subscription Services are together termed as (“Users”or “you” or “your”).
Hospitap makes no express or implied representations or warranties about its Subscription Services and disclaims any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Hospitap does not authorize anyone to make a warranty on Hospitap’s behalf and you may not rely on any statement of warranty as a warranty by Hospitap.
3.2 You must be 18 years of age or older to register; use these Subscription Services in any manner. By registering, or accepting this Agreement, you represent and warrant to Hospitap that you are 18 years of age or older, and that you have the right, authority and capacity to use the Subscription Services available through the Hospitap and agree to and abide by this Agreement. You also represent and warrant that you are not a person barred from receiving the Subscription Services under the laws of Singapore or other countries including the country in which you are resident or from which you use the Subscription Services.
3.3 The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but limited to:
3.3.1 The Singapore Contract Act, 1872,
3.3.2 The (Singapore) Information Technology Act, 2000, and
3.3.3 The rules, regulations, guidelines and clarifications framed thereunder, including the (Singapore) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Singapore) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
3.4 A condition of the User’s use of and access to the Subscription Services available provided by Hospitap to Users is the User’s acceptance of this Agreement. Any User that does not agree with any provisions of the same is required to leave this computer resource/the Subscription Services immediately and immediately discontinue use of all Subscription Services available at the Hospitap.
3.5 Hospitap authorizes the User to view and access the content available on the Subscription Services solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Subscription Services, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Subscription Services (collectively, “Hospitap Content”), are the property of Hospitap and are protected under copyright, trademark and other laws. User shall not modify the Hospitap Content or reproduce, display, publicly perform, distribute, or otherwise use the Hospitap Content in any way for any public or commercial purpose or for personal gain.
3.6 Multiple Users are not permitted to share the same/single login.
3.7 If you are an employee, associate, consultant, intern or are in any way associated to the Practitioner that has subscribed to the Subscription Services and the subscribing Practitioner has authorized you, explicitly or implicitly, to use the Subscription Services, this Agreement is a threeway agreement between you, the Practitioner and Hospitap. Both the Practitioner and Hospitap may seek recourse against you for any violation of the terms of this Agreement.
3.8 Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their login or right to use the Subscription Services to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the Subscription Services and for ensuring that all of such Users comply with all of the terms and conditions of this Agreement. Any violation of the terms and/or conditions of this Agreement by any such User shall be deemed to be a violation thereof by you.
3.10 You agree that any registration information you give to Hospitap will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Subscription Services be registered in your name and you might be asked to provide supporting documents to prove the same.
3.11 You agree that you will not use the Subscription Services provided by Hospitap for any unauthorized and unlawful purpose. You will not impersonate another person, including, without limitation, a Practitioner, a Practice or User.
3.13 You agree not to access (or attempt to access) any of the Subscription Services by any means other than through the interface that is provided by Hospitap, unless you have been specifically allowed to do so in a separate agreement with Hospitap.
3.14 You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services).
3.15 You agree that you will not reproduce, duplicate, copy, transfer, license, rent, sell, trade or resell the Software or any other Subscription Services for any purpose whatsoever.
3.17 You shall indemnify Hospitap for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Hospitap as a result of your breach under any applicable law.
3.18 You expressly acknowledge and agree that your use of the Subscription Services is at your sole risk and that the Subscription Services are provided “as is” and “as available”.
3.19 You agree that you will not make any unsolicited calls or use any information displayed on the Hospitap, an online platform; to breach any applicable rules and guidelines related to unsolicited commercial communications, including but not limited to regulations & guidelines such as TRAI guidelines for telemarketers, or otherwise violate applicable law while using the Subscription Services.
3.20 You agree that this Agreement and the Subscription Services of Hospitap are subject to any modification, or may be removed by Hospitap, as a result of change in government regulations, policies and local laws as applicable.
3.21 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any login you use to access the Software.
3.22 Your use of each Subscription Service confers upon you only the rights and obligations relating to such Subscription Service, and not to any other Subscription Service or service that may be provided by Hospitap. For instance, being a subscriber to Hospitap, Hospitap does not automatically entitle you to a higher ranking on Hospitap’s Practitioner search facility.
4 Use of Subscription Services
4.1 Hospitap provides Software through its website, as a Software as a Service (SaaS) model. Hospitap is not responsible for and does not deal with any of patient managed by User through the website or native mobile applications and only provides Software to User through the website and native mobile applications. To the extent User uses such software or downloads such software from the website, the software, will be deemed to be licensed to User by Hospitap, for providing Subscription Services to User and enabling User to use those Software only. Hospitap does not transfer either the title or the intellectual property rights to the Software and other its Subscription Services, and Hospitap (or its licensors) retain full and complete title to the Software as well as all intellectual property rights therein. User agrees to use the Subscription Services and the materials provided therein only for purposes that are permitted by: (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. Information provided by a User to Hospitap may be used, stored or republished by Hospitap or its affiliates even after the termination of these terms of Service.
4.2 Hospitap may offer at its discretion, a free trial of its Subscription Services for a specified time period. Users of the Software during the trial period are bound by the terms of this Agreement and any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions. Any data User enters into the Software, and any customizations made to the Software by or for User, during User’s free trial will be permanently lost at the expiry of the specified time period unless the User upgrades his/her/its subscription to one of the User Plans. Hospitap does not provide any warranty during the trial period.
4.3 Hospitap offers its Subscription Services on as is basis and has the sole right to modify any feature or customize them at its discretion and there shall be no obligation to honour customization requests of any User. The subscription fee hence charged is exclusive of any customisation costs.
4.4 User shall not access the Subscription Services of Hospitap if the User or the organisation that he/she/it represents is Hospitap’s direct competitor, except with Hospitap’s prior written consent. In addition, the User shall not access the Subscription Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
4.5 Hospitap provides, at its discretion basic support for the Subscription Services at no additional charge, and/or upgraded support if purchased separately and will use commercially reasonable efforts to make the Subscription Services available 24 hours a day, 7 days a week, except for (i) planned downtime (of which Hospitap shall give at least 8 hours’ notice to Users via the Subscription Services and which Hospitap shall schedule to the extent practicable during the weekend hours from 6:00 q.m. Singapore time Friday to 6:00 P.m. Singapore time Monday), or (ii) any unavailability caused by circumstances beyond Hospitap’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, or internet service provider failures or delays. Hospitap will provide the Subscription Services only in accordance with applicable laws and government regulations.
4.6 Notwithstanding anything to the contrary contained herein, Hospitap does not warrant that its Subscription Services will always function without disruptions, delay or errors. A number of factors may impact the use of the Subscription Services (depending on the Subscription Services used) and native mobile applications and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, your power supply and telephony services. Hospitap takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
4.7 In the event the Software are not available due to apparent default at Hospitap’s end or are rendered unusable, Hospitap may at its discretion extend the subscription period of the Practitioner only by such number of calendar days when the Subscription Services were not available. However, you shall agree that Hospitap is not responsible and will not be held liable for the any failure of the intermediary services such as, internet connectivity failure or telephonic disconnections.
4.8 The Subscription Services may be subject to certain limitations, such as, limits on disk storage space, on the number of calls Users are permitted to make against Hospitap’s application programming interface, and, other limitations dependent on the ‘User Plan’, for example, number of SMS, number of appointments, number of users or accounts, validity of subscription and any other limitations. Any such limitations are specified in the User Plans. The Subscription Services have been designed to provide real time information to enable User to monitor such User’s compliance with such limitations.
4.9 Notwithstanding anything to the contrary contained herein, Practitioner alone shall be liable for Practitioner’s dealings and interaction with patient, his/her representatives or affiliates, searching for Practitioners through the Website (the “EndUser”). contacted or managed through the Software and Hospitap shall have no liability or responsibility in this regard. Hospitap does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by End-Users or any third party through the Subscription Services. The Subscription Services are not intended for and must not be used for emergency purposes such as emergency appointments, emergency healthcare procedures or any other emergency situations.
4.10 Hospitap may, at its sole discretion, suspend User’s ability to use or access the Subscription Services at any time while Hospitap investigates complaints or alleged violations of this Agreement, or for any other reason.
4.11 Hospitap reserves the right to use all information captured in its Subscription Services in anonymised form for the purpose of its Subscription Services improvements, and providing analytics and businesses intelligence to the third parties. On the basis of such information, Hospitap tries to make its Subscription Services more useful in following way:
4.11.1 Promotion of new Subscription Services,
4.11.2 Analyzing software usage patterns for improving Subscription Services design and utility;
4.11.3 Analyzing anonymised patients’ information for research and development of new technologies and any other Subscription Services offerings;
4.11.4 Users can use the rectification tools provided by Hospitap or contact Hospitap immediately for rectifications. Hospitap shall bear no liability or responsibility in this regard.
4.12 Hospitap reserves the right to use the following types of information stored in our software:
4.12.1 Practice information;
4.12.2 Practitioner information;
4.12.3 End-Users’ demographic information as anonymised form;
4.12.4 End-Users’ information in relation to his health and history (anonymised form);
4.14 The Subscription Services available by Hospitap accepts online appointment requests for all practitioners listed and displayed on its website. Hospitap intends to take all reasonable steps to duly inform Practices via phone and email for appointment requests made on Service. However, it is possible that some appointment requests do not reach the Practices at all or in a timely manner due to technical or operational reasons including but not limited to cases when Practices do not respond to phone calls made by Hospitap or when Practices do not read emails or text messages sent by Hospitap in timely manner. Hospitap shall have no liability or responsibility in this regard.
4.15 While Hospitap makes every feasible effort to ensure a confirmed appointment for a EndUser who requested an appointment on the Service, Hospitap does not guarantee that the appointments will be confirmed in all cases. Further, Hospitap has no liability if such appointment is confirmed but later cancelled by any of the End-Users, or the Practitioners are not available as per the given appointment time.
4.16 Certain Subscription Services (including ancillary Subscription Services) may be subject to additional limitations, restrictions, terms and/or conditions specific to such Software (“Specific Terms”). In such cases, the applicable Specific Terms will be and your access to and use of the relevant Subscription Services will be contingent upon your acceptance of and compliance with such Specific Terms.
4.17 Hospitap reserves the right to add new functionality, remove existing functionality, and modify existing functionality to its Subscription Services as and when it deems fit, and make any such changes available in newer versions of its Subscription Services or native mobile application or all of these at its discretion. All Users of its Subscription Services will be duly notified upon release of such newer versions and Hospitap reserves the right to automatically upgrade all Users to the latest version of its Software as and when it deems fit.
4.18.1 Hospitap is available ‘on the cloud’ wherein Practitioners are able to access to solution for a specific period of time, as chosen by them.
4.18.2 The Practitioner agrees that if the Software is being used by its employees or agents, including receptionists, such employees or agents will use the Software in accordance with this Agreement.
4.18.3 User can use Hospitap to book appointments with End-Users, send End-Users reminders for appointments, record their clinical notes, generate their prescriptions and to generate bills and invoices.
4.18.4 Hospitap being an ancillary product of Hospitap, the reviews and recommendations shared over Hospitap can be displayed on the Website. Reviews and recommendations of the End-Users not registered with Hospitap may be displayed on the Website through Hospitap. User agrees that Hospitap shall not be responsible for any of the reviews made on the Website.
4.18.5 Hospitap reserves the right to make any further operational changes to the Software, at its discretion and the Practitioners will be notified of such changes or updates with a prior notice. Hospitap reserves the right to extend and withdraw ‘ABS’ (also known as Instant) functionality to you at its sole discretion, based on the number of EndUser appointments being honoured by you. The extension or withdrawal of such facility shall be intimated to you by Hospitap.
4.18.6 User shall agree that they will be subscribing the Software for the purpose of EndUser management and will not use the Subscription Services provided by Hospitap for any unauthorized and unlawful purpose. You will not impersonate another person.
4.18.7 User shall agree that you will indemnify and keep indemnified Hospitap for all the costs, damages and losses any in case of any breach of security procedures by the User(s), User’s employees or its vendors.
4.18.8 Any communication sent by or through Hospitap to the clients or customers (whether or not End-Users) of a particular Practitioner is based solely on information uploaded by such Practitioner on the Hospitap software. The accuracy and completeness of such information (including but not limited to contact details of the client or customer) is the sole responsibility of the Practitioner. Hospitap will not be responsible for the incompleteness or inaccuracy such information, including if as a result of such inaccuracy, a communication is sent to an unintended recipient.
4.18.9 Hospitap sends alerts pertaining to the follow up visits to the End Users of the Customers and enables the End Users to also access their appointment details through User account created through Hospitap.com or Hospitap mobile app.
4.19.1 Hospitap is the author and publisher of the software Hospitap, which is available to the Users in a prepackaged form, installed in a tablet and is usually used by the Practices and Practitioners. Tab allows Practitioners to register the End-Users, capture their clinical notes and prescriptions and access Hospitap.
4.19.2 User shall agree that the Hospitap provides the tab software installed in the tablet and has no responsible in relation to the working of the hardware. Purchase of Tab will be according to the specifications detailed by Hospitap only after authorisation made by the User.
4.19.3 Tab is a close ended device which allows a User to have an access to only Hospitap and its ancillary products. However, Hospitap reserves the right to uninstall Tab on request made by the User, upon which the tablet can be used for any and every other purpose.
4.19.5 Hospitap reserves the right to provide support services to its Users as per the terms of this Agreement, only once the User has made his payment.
4.19.6 User shall agree that Hospitap is responsible to the extent of its Subscription Services and shall not be held liable beyond the scope of this Agreement.
4.19.7 User shall agree that Hospitap shall be liable for any costs or damages, whatsoever to extent of the amount equal to User’s yearly subscription.
4.19.8 Any communication sent by the Practitioner to its clients or customers (whether or not End-Users) based on information collected by the Practitioner of its clients or customers will be sole responsibility of the Practitioner. The Practitioner must ensure accuracy of such communication sent, and must ensure that it is sent to the intended recipient.
4.19.9 The User shall refer to and be bound by Hospitap’s instructions and policies on ‘Tab’ as available at the following link: httpss://help.Hospitap.com/category/Hospitap-tab/
4.20.1 Nature of Product
188.8.131.52 Hospitap Reach is a subscription package which enables Practices the opportunity to appear at a superior position among the search results of an End User in a particular Zone. A Zone is a predefined group of localities in a city. Hospitap reserves the right to alter the limits of any predefined Zone at its own discretion on a subscription basis, based on applicable filters. A minimum number of views of the Reach card are guaranteed over the subscription period.
184.108.40.206 Hospitap Reach Plus is a subscription package which offers Practices the opportunity to appear at a superior position among the search results of an End User within a particular City or Zone, based on applicable filters.
220.127.116.11 Subscription Term is the number of months for which the Practices purchase the subscription for using the Software.
18.104.22.168 Hospitap subscription is defined as a package provided to the subscribers which includes predefined Zones, group of keywords and specialization of the Practices.
22.214.171.124 Hospitap subscription is defined as a package provided to the subscribers which includes City or Zone, predefined group of keywords and specialization of the Practices.
126.96.36.199 Hospitap subscriptions include the following:
188.8.131.52 A listing at the top and other high visibility positions on the search result page of the Website for the Zone or City as applicable depending on the subscription and subject to Exclusivity (as described hereunder); and
184.108.40.206 A report that provides details of Impressions (number of views of the Reach Card in a search results page on the Website), in the Practice’s Hospitap account. A Reach Card is a section of the result page on the Website of the subscriber Practice, which can be modified at the sole discretion of Hospitap.
220.127.116.11 Hospitap subscriptions do not include the following:
18.104.22.168 Minimum guarantee of appointments, phone calls, patient walkins etc;
22.214.171.124 Recommendations given by the End-Users; and
126.96.36.199 Any modification to Practice’s and/or Practitioner’s Hospitap Profile.
4.20.2 Exclusivity for Hospitap:
188.8.131.52 Reach Plus subscriptions are subject to exclusivity packages as provided by Hospitap on an availability basis. Subscriber Practices may choose to purchase exclusivity to appear in the search results in certain probability (25%, 50%, 75%, 100%) based on the subscription. However, if a keyword is removed or added to the subscription package Hospitap shall not guarantee exclusivity to appear on the search result page, when such keyword is used.
184.108.40.206 One exception to the exclusivity rule is that if a keyword is removed or added to the keyword group which is part of the subscription, Hospitap will not guarantee exclusivity on that keyword.
220.127.116.11 Hospitap also reserves the right to modify or remove any information on the Reach Card that the healthcare practice has within its control, if it does not meet Hospitap’s guidelines stated below.
4.20.3 Other Hospitap Services
18.104.22.168 Hospitap lists only the Practitioners/Practices registered with the Website and Hospitap reserves the right to display or to take down any listing, as applicable under the law.
22.214.171.124 Hospitap reserves the rights to display the reviews or the recommendations of the User on the Practitioners/Practices, when you are looking for an appointment. However, Hospitap will not be liable for any inaccuracy or claims made on the Hospitap.
126.96.36.199 Hospitap shall not be liable for any third party claims arising under the applicable laws in relation to Hospitap and the Users and Practitioner are advised to review and adhere to applicable laws and regulations in relation to applicable jurisdiction.
188.8.131.52 Hospitap will not be liable for accuracy or inaccuracy of information or the claims made in Hospitap. Hospitap does not encourage the Users to visit the Hospitap page or to avail any services from them. Hospitap will not be liable for the services provided by Hospitap Reach Practitioners/Practices or for the content posted by Practitioners/Practices.
184.108.40.206 Your use of ‘Hospitap’ does not constitute an explicit or implicit warranty or guarantee by Hospitap that you will receive any particular number of bookings, appointments, or enquiries from End-Users of Hospitap or otherwise. Hospitap merely enables listing of your information (should you choose to subscribe to it) on a priority basis, with a ‘sponsored’ ranking, and is provided on an as is basis.
4.21 Payment, Fees and Taxes
4.21.1 Hospitap may add new Subscription Services for additional fees and charges or may proactively amend fees and charges for existing Subscription Services, at any time in its sole discretion. Fees stated prior to the Subscription Services being provided, as amended at Hospitap’s sole discretion from time to time, shall apply.
4.21.2 If you purchase any subscription based paid Service, you authorize Hospitap to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said Service, and you authorise Hospitap make such modification to the fee structure as required during the subsistence of a subscription period and also agree to abide by such modified fee structure.
4.21.3 You agree that the billing credentials provided by you for any purchases from Hospitap will be accurate and you shall not use billing credentials that are not lawfully owned by you.
4.21.4 The User agrees to pay all subscription fees, consulting fees and other fees applicable to User’s use of Subscription Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and on any additional usage beyond limitations of the User plans but not on actual usage of the Subscription Services. The subscription fee is nonrefundable.
4.21.5 Each User is solely responsible for payment of all taxes, legal compliances, and statutory registrations and reporting. Hospitap is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
4.21.6 Hospitap may make available an offline fee payment facility, supported by a third party vendor. Hospitap is not responsible for any loss or damage caused to the User using this payment facility provided by such third party vendor.
4.21.7 The fees could also be paid by cheque payable at Singapore, either collected personally from the User or required to be mailed to Hospitap at the following address: Think New Holdings Pte.Ltd.,
20 Maxwell Road, #06-03, Maxwell House, Singapore – 069113. Phone: +65 6222 8291
4.22 All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
4.23 The payment process would be considered to be complete only on receipt of the fees into Hospitap’s designated bank account.
4.24 Fees not received within the specified due dates attract late charges of 18% per annum from the due date of payment, and any such charges may be levied at Hospitap’s sole discretion.
4.25 Hospitap reserves the right to modify the fee structure by providing a 30 (thirty) days’ prior notice, either by notice on the Subscription Services or through email to the authorized User, which shall be considered as valid and agreed communication. Upon the User not communicating any response to Hospitap to such notice, Hospitap shall apply the modified fee structure effective from the expiry of the said notice period.
4.27 Notwithstanding anything to the contrary contained herein, in case the payments are made by a User through credit card, an invoice for subsequent subscription period/renewals shall be generated 10 (ten) days prior to the expiry of the existing subscription period and an email will be sent to such User registered with Hospitap intimating such User about expiration of the current subscription period and that the credit card of such User registered with Hospitap will be charged automatically against payment of subscription fee for subsequent subscription period, along with a copy of the invoice for the subsequent subscription period/renewal. Subject to the provisions of section 8.2 below, if a User is not willing to continue or renew the subscription of Subscription Services, the same shall be communicated to Hospitap by the User within 5 (five) days of receipt of such intimation from Hospitap. In the absence of such intimation to discontinue the subscription, Hospitap shall be entitled to charge the credit card of the User registered with Hospitap on the day the current subscription period expires.
4.28 Hospitap shall send an intimation of receipt of fee from the Users through an email within 7 (seven) working days of receipt of fee into Hospitap’s designated bank account.
4.29 In case of nonpayment of any fee beyond the date a payment becomes overdue (overdue date), Hospitap reserves the right to take any or all of the following actions as it deems appropriate (i) reduce all Subscription Service credits in Users’ Subscription Services account to 0 (zero) anytime after 7 (seven) days from the overdue date, including but not limited to SMS and Call credits. (ii) discontinue the Subscription Services to the User anytime after 30 (thirty) days from the overdue date. (iii) delete all information in User’s account anytime after 90 (ninety) days from the overdue date.
4.30 Fees and charges shall be calculated solely based on records maintained by Hospitap or its third party billing provider. No other information of any kind shall be acceptable by us or have any effect under this agreement. Decision of Hospitap shall be final and binding in relation to any fees payable by Users.
4.32 Hospitap will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Subscription Services, or parts thereof, except that you are only entitled to a prorated refund representing the unused (as of the date of termination) portion of any subscription fees, paid deposits or payments for Subscription Services other than the nonrefundable one time setup fees as due prior to permanent discontinuation the Subscription Services or upon the expiry of 45 (forty five) days from the date of your written notice to Hospitap. Hospitap shall have the right to deduct any taxes that are due in relation to the refund amount (if any). The subscription fees are nontransferable and the payment made by the User for a particular Subscription Service cannot be transferred or carried over to another Service.
4.33.1 End-Users’ Records will display and contain the same Health Records that was created by the End-User’s or provided by you in the designated section for Health Records in Hospitap software. Hospitap shall not validate the Health Records and will not be responsible for any errors in or incompleteness of such Health Records provided by you. You hereby represent and warrant that to the extent that you provide any such Health Records, it is true and complete to the best of your knowledge.
4.33.2 By switching on “Hospitap Share” setting or similar settings in the Services, you are granting an irrevocable right of ownership to the relevant End-Users to Health Records, including but not limited to any medical records and information that is classified as sensitive personal information of the patients or customers.
4.33.3 You agree the Health Records shall be entered into appropriate designated sections at your sole risk and responsibility after obtaining prior consent of the patients and customers, if any, and Hospitap shall not be responsible or liable for Health Records whatsoever including failure to add the Health Records in the designated section for Health Records in Hospitap.
4.33.4 For your patients and customers that are not referred to you by Hospitap, it is your responsibility to ensure that such patients’ and customers’ mobile numbers and email IDs are correctly provided and mentioned for the intended owner of the Records while using the Services. In case of any errors or changes in details, you are required to inform Hospitap of the same as soon as you become aware of such errors or changes.
4.33.5 Hospitap is not responsible for verifying the accuracy or incompleteness of such persons’ details or Health Records provided in the Records, and shall not be liable for any errors in the same.
4.33.6 Changing the contact number will not affect the Health Records already added to the End-Users’ Records.
4.33.7 Hospitap is not liable, if for any reason Health Records are not delivered to your patient or customer, or are delivered late or not accessed, despite its best efforts. While Hospitap will endeavor to take all reasonable steps through its dedicated support team to resolve any technical or operational difficulties for the delivery of the Health Records to your patient or customer, Hospitap makes no promise or guarantee for any uninterrupted access to the Records to your patients or customers.
4.33.8 Hospitap reserves the right to recall or partially recall any shared Health Record due to inadvertent or incorrect sharing by you or any other reason as it may deem fit.
4.33.9 Owner of the clinic is solely responsible to manage the Hospitap Share settings for the clinic.
4.33.10 Owner is solely responsible to inform all relevant Hospitap users within the clinic about the intended usage of the feature.
4.33.11 Any change to the setting will be effective only from the date of change, not retrospectively unless otherwise communicated by Hospitap.
4.33.12 Hospitap has the right to communicate and inform End-Users without any prior notice to the Practitioner about the shared Health Records through SMS, email or any other platform on behalf of the Practitioner.
4.33.13 Hospitap has the right to independently resolve any technical or operational issue of the End-User regarding the access of the Health Records.
4.33.14 Hospitap has the right to not to provide the access of the Health Records to the user without any prior notice to avoid Health Records theft.
4.33.15 Hospitap is not responsible for any unintended access of Records due to change in phone number of the End User.
4.33.16 Hospitap will follow the law of land in case of any constitutional court or jurisdiction mandates to share the Health Records for any reason.
4.33.17 You agree and acknowledge that Hospitap may need to access the Health Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
5 Collection, Use, Storage and Transfer of Personal Information
5.12.1 The type of information collected from Users, including sensitive personal data or information;
5.12.2 The purpose, means and modes of usage of such information; and
5.12.3 How and to whom Hospitap will disclose such information.
5.13.1 The fact that the information is being collected;
5.13.2 The purpose for which the information is being collected;
5.13.3 The intended recipients of the information;
5.13.4 The name and address of the agency that is collecting the information and the agency that will retain the information; and
5.13.5 The various rights available to such Users in respect of such information.
5.14 Each Practice and its users of Software will be responsible for obtaining explicit consent from their End-Users before storing any End User information in Software.
5.15 Hospitap shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Hospitap or any other person acting on behalf of Hospitap.
5.17 The User is responsible for maintaining the confidentiality of the User’s login account access information and password. The User shall be responsible for all usage of the User’s login or password, whether or not authorized by the User. The User shall immediately notify Hospitap of any actual or suspected unauthorized use of the User’s login or password. Although Hospitap will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Hospitap or any others parties due to such unauthorized use.
5.18 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Hospitap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hospitap has the right to discontinue the Subscription Services to the User at its sole discretion.
5.19 Hospitap may, at its discretion, use information stored in its Subscription Services from time to time for the purposes of debugging customer support related issues.
6.11 As mandated by Regulation 3(2) of the IG Rules, Hospitap hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
6.11.1 Belongs to another person and to which the User does not have any right to;
6.11.2 Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
6.11.3 Harm minors in any way;
6.11.4 Infringes any patent, trademark, copyright or other proprietary rights;
6.11.5 Violates any law for the time being in force;
6.11.6 Deceives or misleads the addressee (or EndUser or User) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
6.11.7 Impersonate another person;
6.11.8 Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
6.11.9 Threatens the unity, integrity, defense, security or sovereignty of Singapore, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6.12 The User is also prohibited from:
6.12.1 Violating or attempting to violate the integrity or security of the Subscription Services or any Hospitap Software;
6.12.2 Transmitting any information (including job posts, messages and hyperlinks) on or through the Subscription Services that is disruptive or competitive to the provision of Subscription Services by Hospitap;
6.12.3 Intentionally submitting on the Subscription Services any incomplete, false or inaccurate information;
6.12.4 Making any unsolicited communications to other Users;
6.12.5 Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Service;
6.12.6 Attempting to decipher, decompile, disassemble or reverse engineer any part of the Subscription Services unless explicitly permitted by Hospitap;
6.12.7 Copying or duplicating in any manner any of the Hospitap content or other information available from the Service;
6.12.8 Framing or hotlinking or deeplinking any Hospitap content.
6.12.9 Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
6.13 Hospitap, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in S. 6.2 above, shall be entitled to disable such information that is in contravention of S. 6.2. Hospitap shall be entitled to preserve such information and associated records for at least 90 (ninety) days for service on to governmental or investigative authorities for investigation purposes.
6.16 Hospitap respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
7.12 The User shall not hold Hospitap responsible or liable in any way for any disclosures by Hospitap under Regulation 6 of the SPI Rules.
7.13 The Software provided by Hospitap or any of its licensors or providers are provided “as is”,” as available”, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Hospitap does not provide or make any representation, warranty or guaranty, express or implied about the Subscription Services. Hospitap does not verify any content or information provided by Users on its Subscription Services and to the fullest extent permitted by law, disclaims all liability arising out of the User’s use or reliance upon the Subscription Services, the Hospitap Content, representations and warranties made by the Users or the content or information provided by the Users on the Subscription Services or any opinion or suggestion given or expressed by Hospitap or any User in relation to any User or Subscription Services provided by such User.
7.14 Hospitap assumes no responsibility, and shall not be liable for ways in which end-user data is used by Practitioners and other authorized users of Software at a Practice. It is the responsibility of the Practice alone to ensure that the end-user data either stored in Software or taken out from Software by printing or exporting to PDF, CSV or any other computer file format or data stored offline in mobile devices of users accessing Software through mobile applications published by Hospitap, is used in compliance to local privacy laws applicable to the Practice’s business transactions with End-User.
7.15 The Subscription Services of Hospitap may be linked to the services of third parties, affiliates and business partners. Hospitap has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such Subscription Services or made available by/through our Subscription Services. Inclusion of any link on the Subscription Services does not imply that Hospitap endorses the linked site. User may use the links and these Subscription Services at User’s own risk.
7.16 Hospitap assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Subscription Services or the downloading of any material, data, text, images, video content, or audio content from the Service. If a User is dissatisfied with the Service, User’s sole remedy is to discontinue using the Subscription Services of Hospitap.
7.17 The Subscription Services may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Hospitap representatives or agents, and their opinions or statements do not necessarily reflect those of Hospitap, and they are not authorized to bind Hospitap to any contract. Hospitap hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
7.18 In no event, including but not limited to negligence, shall Hospitap, or any of its directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Subscription Services or the content, materials and functions related thereto, User’s provision of information via the Subscription Services of the Hospitap, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for provision of or failure to provide all or any Subscription Services by Practitioners to End-Users contacted or managed through the Service. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Subscription Services. In no event shall the total aggregate liability of the protected entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or a User’s use of the Subscription Services exceed, in the aggregate Singapore $1.
7.19 In no event shall the protected entities be liable for failure on the part of the Users to provide agreed Subscription Services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments. In no event shall the protected entities be liable for any comments or feedback given by any of the Users in relation to the Subscription Services provided by a User.
7.20 The listing order of Practitioners and/or Practices on the Subscription Services is based on numerous factors including End-Users’ comments and feedbacks. In no event shall the protected entities and the Hospitap be liable or responsible for the listing order of Practitioners and/or Practices on the Service. Further, Hospitap shall not be responsible for adverse feedback or comments, or ratings on the Subscription Services which are a subject matter of automated processes, and Hospitap disclaims any liability for lost business or reputation of a User due to information, data or ratings that’s are available on the Service. Hospitap at its discretion hold the sole right to display the listing order of the Practitioner and/ or Practices.
7.21 The reviews and the feedbacks are displayed by the Hospitap at its discretion. You agree that Hospitap may contact you through telephone, email, sms, or at your contact details for the limited purpose of:
7.21.1 Obtaining feedback in relation to Hospitap’s Subscription Services; and/or
7.21.2 Obtaining feedback in relation to any Practitioners or the HCPs listed on the Service.
7.22 The protected entities and the Hospitap shall not be liable for any act or omission of any other company or companies furnishing a portion of the Service, or from any act or omission of a third party, including those vendors participating in Hospitap Subscription Services made to you, or for any unauthorized interception of Customer’s communications or other breaches of privacy attributable in part to the acts or omissions of Customer or third parties, or for damages associated with the Service, or equipment that it does not furnish, or for damages that result from the operation of Customer provided systems, equipment, facilities or services that are interconnected with the Service.
8.11 User agrees to indemnify and hold harmless Hospitap, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Software, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Hospitap will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
9.11 Hospitap has a zero tolerance spam policy. Hospitap employs controls on user permission to receive Content from Hospitap’s Subscription Services and has easily accessible ways for users to block or not receive content if they chose to. However, Hospitap’s policy on spam is clearly stated below:
9.11.1 Spamming is defined as the practice of (i) sending unsolicited messages, likely with commercial content, (ii) in large quantities (iii) to an indiscriminate set of recipients. The result of this practice is termed “Spam”.
9.11.2 The sender of any message deemed to be “spam” is liable for Singapore 2$ for each EndUser that receives each unauthorized message. The sender of ‘Spam’ will pay all fees owed to Hospitap within thirty (30) days of such transmission.
10 Term, Termination and Disputes
10.11 This Agreement will remain in full force and effect while the User is a user of any of the Subscription Services in any form or capacity.
10.12 The User can request for termination of his/her/its membership with Hospitap at any time by providing 30 (thirty) days’ prior written notice to support@Hospitap.com. During this 30day period, Hospitap will investigate and ascertain the fulfilment of any ongoing Subscription Services or pending dues related to subscription fees or any other fees by the User. Hospitap may require the User to continue his/her/its subscription until the completion or termination of an ongoing Subscription Services or subscription period, should the situation warrant and at Hospitap’s discretion. The User shall be obligated to clear any dues with Hospitap for any of its Subscription Services for which the User has procured. Hospitap shall not be liable to you or any third party for any termination of your access to the Site and/or the Subscription Services.
10.13 Hospitap reserves the right to terminate any account in cases:
10.13.2 Hospitap is unable to verify or authenticate any information provide to Hospitap by a User; or
10.13.3 Hospitap believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Hospitap or are contrary to the interests of the Service.
10.15 Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to nonpayment, Hospitap will make available to the User for download a copy of such User’s data in comma separated value (.csv) format or any other format as determined by Hospitap. After such 30 (thirty) days period, Hospitap shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription Users data will not be available after termination of subscription in such cases.
10.16 Hospitap reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the User’s content from the Subscription Services and immediate termination of the User’s account with or without ability to access the Softwares, upon any breach by the User of this Agreement or if Hospitap is unable to verify or authenticate any information the User submits to Hospitap, or if the User fails to provide (or after providing such consent, later revokes) the consents necessary or desirable for Hospitap to provide the Subscription Services to the User.
10.17 This Agreement and any contractual obligation between Hospitap and User will be governed by the laws of Singapore, subject to the exclusive jurisdiction of Courts in Singapore.
10.18 Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.
10.19 Any amendment in these Terms shall replace all previous versions of the same.
11 Theft of Subscription services
11.11 You agree to notify Hospitap immediately, in writing or by mail to support@Hospitap.com, if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Hospitap shall not be liable to extend the subscription period or waive-off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Hospitap will not issue refunds for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your Subscription Services.
12 Misuse of Subscription services
13 Severability and Waiver
14 Contact Information
14.11 If any User has any question, issue, complaint regarding any of our Subscription Services, please contact our customer service at support@Hospitap.com.
14.12 If a User has any questions concerning Hospitap, the Service, this Agreement, or anything related to any of the foregoing, Hospitap can be reached at the following email address support@Hospitap.com or via the contact information available from the following hyperlink: www.Hospitap.com/contact