Terms & Conditions (00 for testing)

Consent Form

HeartVoice Pte Ltd (“HeartVoice”) and Omron Healthcare Co., Ltd (“Omron”) collectively, the “Executors”) are implementing a programme on behalf of your company. A beta version of HeartVoice Mobile APP and HeartVoice Kiosk APP (“HeartVoice software”), provided by HeartVoice Pte Ltd., and OMRON connect Cloud, provided by Omron Healthcare Singapore Pte Ltd., which is Singapore subsidiary of Omron Healthcare Co., Ltd., are used in this programme.

Your participation in the programme and usage of HeartVoice software is entirely voluntary. You may discontinue your participation in the programme or usage of HeartVoice software at any time. Please read carefully the information provided in this Consent Form and the links below, including the end user license agreements. You are not allowed to make any information about the the programme or the HeartVoice software available to the public through Social Networking Sites or any kind of medium or platform. By tapping “I agree”, you acknowledge that you have read, understood, agree and consent to participating in the programme, all terms & conditions of the programme, and Privacy Policy.

Terms & Conditions

About the Progamme

The Programme is designed to empower you to manage your health, using the measurement kiosks set up in your office, HeartVoice Mobile APP and Omron blood pressure monitor and/or body composition monitor (purchased by you optionally). It also helps you to find the risk of lifestyle diseases at an early stage and to take appropriate preventive action.

Software used in the Programme

In the Programme, you will use beta version HeartVoice software provided by HeartVoice, and OMRON connect Cloud software[MOU1] , provided by Omron. Please read carefully the end user license agreements of each of the software in Part 2, and Part 3 of this Consent Form.

The data stored in HeartVoice software becomes unavailable to you after the programme period.

Benefit in joining the Programme

Through the use of HeartVoice software and the measurement devices in the Programme, you may make a habit of taking your blood pressure or weight measurement regularly and thus achieve better health management. Regular blood pressure or weight measurements may allow you to find a risk of developing lifestyle related diseases, which cannot be found otherwise.

Depending on the your engagement in the Programme, you can also receive gifts or coupons from different merchants as part of the incentive program in the Programme.

Cost of participation

Participating in the Programme is free of charge except for the following costs which you shall bear through the Programme.

You may choose to purchase blood pressure monitors (either OMRON’s HEM-7600T or HEM-7280T) and/or a body composition monitor (OMRON’s HBF-222T) for home measurements at your own cost;
Network fees, electricity, battery for the BPM or any other costs incurred incidentally to your participation to the programme shall be borne by yourself; and
any other cost separately noticed by the Executors.

Health related precautions

The HeartVoice software to be used for this programme is a beta version prototype and is not usually available to the public in Singapore.

The HeartVoice software (including chat health consultation feature) is not intended for use in the diagnosis, monitoring, management or treatment of any medical condition or disease. Any health related information accessed through the HeartVoice software should not be treated as medical advice. You should seek medical advice from a physician as necessary.

Even though blood pressure monitoring is non-invasive and is commonly managed by hypertensive patients at home safely, there are possible risks, discomfort and inconveniences that a participant may experience, as described below:

mild discomfort, like a squeeze on the arm, as the cuff is inflated. If your blood pressure is very high, this may be uncomfortable;
bruising under the cuff;
rash under the cuff – this may happen if you are allergic to the material in the cuff; and
pinched nerve in the arm.

If any of the above occurs, please seek advice from the designated support contact of the programme.

Confidentiality of the programme and your data

“Personal Data” means any data about you which makes you identifiable (i) from such data or (ii) from that data and other information which the Executors has or likely to have access through the Programme. Examples of Personal Data include your name, contact details and your medical history.

The collection, use and disclosure of your Personal Data is done in the manner described in the end user license agreement and the relevant privacy policy of the software used in the Programme, and subject to the Personal Data Protection Act 2012 (“PDPA”). Your Personal Data, to the extent of the applicable laws and regulations, will not be made publicly available. Only the Executors will have access to any Personal Data collected. The Executors implement the necessary policies and procedures to meet their obligations under the PDPA and will make information about their policies and procedures available to you upon request.

By agreeing to this Consent Form, you hereby consent to the Executors and their authorized third parties: (a) collecting, using, disclosing and/or processing your Personal Data for the purposes of: (i) conducting research, analysis, marketing and development activities in connection with this programme; (ii) carrying out future research studies; and (iii) checking study procedures and data in relation to this Programme (collectively referred to as the “Purposes”); and (b) disclosing your Personal Data to authorised service providers and relevant third parties, to perform certain functions in connection with the Purposes.

You acknowledge that Omron is located outside Singapore (Japanese corporation) and Executors’s authorized third parties (including service provides) may be located within or outside Singapore. In the event that these third parties are located outside Singapore, the Executors shall ensure that these third parties provide a standard of protection to your Personal Data so transferred that is comparable to the protection under the PDPA.

The Executors shall, within reasonable means, ensure (i) the accuracy and completeness of your Personal Data; and (ii) the security of your Personal Data to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks by making reasonable security arrangements in respect of your Personal Data.

Upon your request, the Executors shall (i) provide you with your Personal Data in their possession and information about the ways in which the personal data may have been used or disclosed during the past year; and (ii) correct an error or omission in your Personal Data that is in their possession.

The Executors may use the data collected through this study for various purposes in relation to their business such as research and development of their products or services, and business strategy planning, provided that such data shall be anonymized and your identity will remain confidential.

The Executors shall cease to retain your Personal Data as soon as it is reasonable to assume that retention is no longer necessary for the Purposes.

Your responsibility

By agreeing to this Consent Form, you agree not to make any information about this Programme or the HeartVoice software available to the public through Social Networking Sites or any kind of medium or platform.

Part 2: HeartVoice software end user license agreement

HeartVoice Terms and Conditions

PLEASE READ THESE TERMS (AS DEFINED BELOW) CAREFULLY BEFORE USING HeartVoice (AS DEFINED BELOW). IF IN DOUBT, PLEASE SEEK PROFESSIONAL ADVICE. HeartVoice PTE LTD (“HeartVoice”), BY USING HeartVoice IN ANY WAY, YOU CONFIRM AND AGREE THAT THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HeartVoice. IF YOU DO NOT ACCEPT THESE TERMS (OR ANY PART THEREOF), PLEASE DO NOT USE HeartVoice AND DO NOT APPLY FOR OR USE ANY OF THE PRODUCTS AND SERVICES OFFERED OR PROVIDED ON OR VIA HeartVoice. IN THE EVENT OF A CONFLICT OR INCONSISTENCY BETWEEN THESE TERMS AND ANY OTHER TERMS AND CONDITIONS BETWEEN YOU AND HeartVoice IN RELATION TO THE SUBJECT MATTER OF THESE TERMS, THE PROVISIONS OF THESE TERMS SHALL PREVAIL TO THE EXTENT OF SUCH CONFLICT OR INCONSISTENCY.

Definitions and Interpretation

In these Terms, the following words and expressions shall have the following meanings:
1. “Account ID” means a unique personal identification number, which is created when you sign up for the HeartVoice Application.
2. “Additional Services” means the products and services offered, provided and made available by any person other than HeartVoice (including any other HeartVoice subsidiary and any third party), which may be effected or obtained by you through the use of the HeartVoice Application from time to time, where your ability to access and use your HeartVoice Account to effect or obtain any of such products and services is dependent on your entry into and compliance with a separate agreement relating to such Additional Service with the person offering, providing and making available such product or service, and shall include, without limitation:
Measurement and Graphs Services;
Rewards Programme and Coupon Redemptions; and
Payment services.
1. “Base Services” means the products and services offered, provided and made available by HeartVoice in accordance with these Terms, excluding Additional Services, which may be effected or obtained by you through the use of the HeartVoice Application from time to time as long as your access to and use of the HeartVoice Application have not been suspended or terminated for any reason whatsoever, including, where applicable:
the Payment Services;
the Rewards Services;
1. “Customer Information” means all information which you provide or which is obtained as a result of or in connection with these Terms and/or your access to and/or use of the HeartVoice Application, any HeartVoice Service and/or any HeartVoice Content, including information you provide in submitting your request to register for a HeartVoice Balance, information which relates to a transaction, information which identifies or which relates to an individual, whether true or not, and information collected, used and/or disclosed as described in the HeartVoice Data Protection Policy.
2. “Force Majeure Event” means any event or circumstances the occurrence and the effect of which HeartVoice is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of HeartVoice.
3. “HeartVoice” means HeartVoice Pte Ltd (UEN: 201836383D) and its successors.
4. “HeartVoice Subsidiary” means any related corporation (as defined in the Companies Act (Cap. 50)) of HeartVoice Pte Ltd (UEN: 201836383D).
5. “HeartVoice Data Protection Policy” means the current version of the data protection policy available at https://www.ourheartvoice.com/privacy/ or such other Internet website as may be maintained in respect of such policy.
6. “Indemnified Parties” means HeartVoice, the other HeartVoice subsidiaries and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives.
7. “Intellectual Property Rights” means patents, trade marks, service marks, trade names, domain names, rights in designs, semiconductor topography rights, database rights of unfair extraction and reutilisation, copyrights (including rights in computer software), rights in know-how and other intellectual or industrial property rights (whether registered or unregistered and including applications for the registration of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
8. “Losses” means all losses, liabilities, costs, damages (including damages arising from cyber attacks), claims, expenses (including legal fees, costs and expenses on a full indemnity basis), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or consequential.
9. “Password” means the code generated by the HeartVoice Application server and subsequently may or may not be changed by the user.
10. “Payment Amount” means, in respect of a Payment Transaction, the amount as specified or confirmed in the relevant Payment Transaction Request as the amount to be paid to the relevant Payment Beneficiary.
11. “Payment Beneficiary” means a Payment Merchant who is designated by you to receive payment via a Payment Service.
12. “Payment Merchant” means a merchant entity to which HeartVoice provides a mobile payment system to accept payment for product(s) or service(s) effected through the HeartVoice Application.
13. “Payment Services” means such payment-related services as the relevant Payment Service Providers may from time to time offer, provide or make available, and which may be effected or obtained through the use of the HeartVoice Application, pursuant to which payments may be made via such payment instruments, technologies and/or methods as may be determined by HeartVoice from time to time, including: i. payments to Payment Merchants for product(s) and service(s) offered and/or provided by or on behalf of such Payment Merchants; ii. such other services as may be set out in the HeartVoice Website from time to time. For the avoidance of doubt, Payment Services shall not include payments to natural persons other than payments to Payment Merchants for product(s) and service(s) offered and/or provided by or on behalf of such Payment Merchants as provided herein.
14. “Payment Service Providers” means HeartVoice subsidiaries and such other third party service provider as may be set out in the HeartVoice Website from time to time, and “Payment Service Provider” means any one of them.
15. “Payment Service Terms” means terms and conditions relating to the use of the Payment Services as provided by the respective Payment Service Providers, including any amendments thereto that the respective Payment Service Providers may make from time to time in their discretion.
16. “HeartVoice Application” means the application(s) for mobile devices (available for download in either iOS or Android) offered, operated and maintained by or on behalf of HeartVoice from Singapore, whether jointly with any other corporations or persons or otherwise, through which certain products, services and functionalities, as HeartVoice may determine from time to time at its sole and absolute discretion, are offered and may be accessed and used, and shall include any derivation or upgrade of such applications as may be made available by HeartVoice, whether jointly with any other corporations or persons or otherwise, from time to time.
17. “HeartVoice Account” means an account that is offered by HeartVoice: i. through which the holder of such account may, inter alia, effect and obtain HeartVoice Services, subject to these Terms; ii. for the purposes of containing stored value, which is capable of being used by you to carry out such transactions as HeartVoice may from time to time specify (including those which may be made pursuant to the HeartVoice Services)
18. “HeartVoice Content” means all materials, information, tools, contents, hyperlinks, marks and logos contained in or displayed on, and all software and contents which may be downloaded and/or accessed from or are made available through, the HeartVoice Application (and/or any access thereto and/or use thereof), including: i. all features and functionalities for the time being offered and made available on or via the HeartVoice Application; ii. all advertisements, promotions and offers (whether from HeartVoice, any other HeartVoice subsidiary or any third party); iii. all material, information, tools, content, hyperlinks, marks and logos relating to third parties and/or products and/or services owned or provided by third parties; iv. all hypertext links to Third Party Sites; and v. Third Party Content.
19. “HeartVoice Counters” means the physical counters operated by HeartVoice in Singapore to provide services in relation to HeartVoice Services to its customers.
20. “HeartVoice Merchants” means, in respect of a HeartVoice Coupons and Marketplace, the person offering, providing and making available such HeartVoice Service to users of the HeartVoice Application. A “HeartVoice Merchant” may be HeartVoice or other third party merchant as may be as shown in HeartVoice App from time to time.
21. “HeartVoice Service Provider” means, in respect of a HeartVoice Service, the person offering, providing and making available such HeartVoice Service to users of the HeartVoice Application. A “HeartVoice Service Provider” may be HeartVoice, any other HeartVoice Subsidiary, or such other third party service provider as may be set out in the HeartVoice Website from time to time.
22. “HeartVoice Services” means such products and services as may be effected or obtained through the use of the HeartVoice Application for the time being as may be set out on the HeartVoice Website, comprising the Base Services and the Additional Services.
23. “HeartVoice Users” means accounts created for users of HeartVoice site and/or the App.
24. “HeartVoice Website” means www.ourheartvoice.com or such other Internet website as HeartVoice may maintain in respect of HeartVoice from time to time.
25. “SMS” means Short Message Service.
26. “Terms” means these Terms and Conditions, as may be amended from time to time.
27. “Third Party Content” means all material, information, tools, content and hyperlinks contained in Third Party Sites (whether relating to third parties and/or products and/or services owned or provided by third parties or otherwise).
28. “Third Party Partner” means websites and/or mobile applications owned, operated or provided by third parties, such as OmronConnect app.
The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
1. Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice-versa.
2. Any reference in these Terms to any Clause shall be construed as a reference to the clauses of these Terms unless otherwise expressly stated.
3. The words “include” or “including” in these Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.
4. Any reference in these Terms to any person shall be construed as a reference also to such person’s successors and assigns.
HeartVoice
1. To contact HeartVoice in connection with any matter relating to the HeartVoice Application or any Base Service, you may call HeartVoice’s customer hotline or e-mail address at www.ourheartvoice.com/contact. HeartVoice may record any telephone conversation with you without notice to you. You hereby agree to such recordings and that such recordings shall be admissible in evidence in any proceedings and shall be binding on you.
2. Any determination, decision or opinion that HeartVoice may make or have under or as envisaged in any provision in these Terms may be made or held in the sole and absolute discretion of HeartVoice (whether or not it is expressly stated as such in the relevant provision). HeartVoice shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions. Without prejudice to the foregoing, if HeartVoice nevertheless provides any reason or explanation for any of its determinations, decisions or opinions, such reason or explanation shall not be binding on HeartVoice, and does not constitute any representation, warranty or undertaking by HeartVoice (as to future action or otherwise).
Eligibility for HeartVoice
1. You acknowledge and agree that before you are eligible to access and use the HeartVoice Application (including to effect and obtain any HeartVoice Service), you are required to satisfy all the criteria set forth in Clause 3.2, as may be amended from time to time by HeartVoice in its sole and absolute discretion, and to have successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes) which HeartVoice in its sole and absolute discretion considers necessary.
2. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
  1. you are of legal age of majority to contract (and in any event, no less than 18 years of age) and are legally capable and permitted to accede to these Terms;
  2. you shall register for and have in force a valid HeartVoice Account and shall comply with these Terms and all terms and conditions governing the use of HeartVoice Services, and your access to and use of the HeartVoice Application have not been suspended or terminated for any reason whatsoever; and
  3. you are not in arrears of any payment due to any HeartVoice Subsidiary.
3. In the event any of the criteria in Clause 3.2 has not been satisfied or ceases to be satisfied at any time whatsoever, and/or any provision of these Terms is not complied with, and/or you fail to successfully pass any identification check, due diligence and/or other check, screening and/or verification (including for antifraud, anti-terrorism, CFT and AML purposes) which HeartVoice in its sole and absolute discretion considers necessary, or if at any time, HeartVoice, at its sole and absolute discretion, suspects any fraud in relation to, and/or misuse of your HeartVoice Account and/or the HeartVoice Application, HeartVoice shall be entitled to suspend or terminate the availability to you of and/or your access to and/or use of your HeartVoice Account (in whole or in part), the HeartVoice Application (in whole or in part) and/or any Base Service, and/or procure the suspension or termination of the availability to you of and/or your access to and/or use of any other HeartVoice Service by the relevant HeartVoice Service Provider, in each case, without notice to you and without giving any reason.
HeartVoice Account
1. You may register for HeartVoice Account through any one of the following channels by submitting a request in such manner and form and accompanied by such information and supporting documentation as may be required from time to time:
  1. As an employee of a participating corporation in HeartVoice marketing promotion and/or programmes
  2. through third party providers
  3. such other channels as HeartVoice may make available from time to time;
2. HeartVoice retains the sole and absolute discretion to approve or reject any request to register HeartVoice Account in whole or in part, or to impose any conditions whatsoever to the registration of HeartVoice Account.
3. You may only register for HeartVoice Account, and access and use the HeartVoice Application and the HeartVoice Services, for (and only for) your own behalf and personal use, and not for the benefit or on behalf of any other person (including natural person or legal person). Without prejudice to the foregoing, you shall not assist, cause, permit or authorise any other person (including natural person or legal person) to access or use your HeartVoice Account to effect or obtain any HeartVoice Service, including making any payments or carrying out any transactions or other activity pursuant to any HeartVoice Service.
4. Any access or use of your HeartVoice Account in breach of these Terms or any access or use of your HeartVoice Account for any purpose which is prohibited by any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body shall be void and you shall have no rights under these Terms in respect of such access and/or use.
5. Where the mobile line linked to the mobile number and/or e-mail address you have provided to HeartVoice in order to register for HeartVoice Account is transferred, suspended or terminated for any reason whatsoever, you shall forthwith notify HeartVoice of the same and provide to HeartVoice the particulars of a new mobile line to replace such transferred, suspended or terminated mobile line (if any). If you do not provide a new mobile line to replace such transferred, suspended or terminated mobile line, HeartVoice shall be entitled to suspend (for such period as HeartVoice may in its sole and absolute discretion consider appropriate) or terminate your HeartVoice Account and/or your access to and/or use of the HeartVoice Application (in whole or in part), without notice to you. In such event, any e-Account for the time being standing to the credit of your HeartVoice Account shall, for the purposes of these Terms, be deemed to be Unused e-Account (as defined in Clause 6.8). Notwithstanding the foregoing, if you shall fail to promptly notify HeartVoice of your transferred, suspended or terminated mobile line and/or e-mail address, as herein required, you shall nevertheless be responsible and liable for all transactions carried out through your HeartVoice Account using the HeartVoice Application or such HeartVoice Service (as the case may be), notwithstanding that such transactions may have been carried out, and/or your Password or such details may have been used by any other person without your knowledge or authority.
6. You will need to use your Password and such other details relating to your HeartVoice Account as HeartVoice may from time to time require to access and use the HeartVoice Application (including to effect or obtain any HeartVoice Service). You are responsible for safekeeping and maintaining the confidentiality of your Password and all details of your HeartVoice Account. You must not disclose to any person your Password or any details of your HeartVoice Account, and shall not assist, cause, permit or authorise any person to use your Password or HeartVoice Account for any purpose whatsoever. You shall take such measures as may be necessary and all due care to protect your Password and HeartVoice Account against misuse by third parties.
7. You shall promptly notify HeartVoice upon discovering that there has been any:
  1. inappropriate or unauthorised disclosure of and/or use of your Password and/or any details of your HeartVoice Account;
  2. inappropriate or unauthorised access to and/or use of the HeartVoice Application and/or any HeartVoice Service effected using your Password and/or any details of your HeartVoice Account, and you shall promptly take such steps as may be specified by HeartVoice in relation to the foregoing matters (including to change your Password).
8. You are solely responsible and liable for any access to and use of the HeartVoice Application or any HeartVoice Service effected through the use of your Password and/or any details of your HeartVoice Account, notwithstanding that your Password or such details may have been used by any other person without your knowledge or authority.
HeartVoice Application and HeartVoice Services
1. Subject always to these Terms, HeartVoice grants you a limited, non-transferable and non-exclusive, revocable, free of charge, personal licence for the period during which (i) you have in force a valid HeartVoice Account and (ii) your HeartVoice Account and/or access to and use of the HeartVoice Application have not been suspended or terminated for any reason whatsoever, to access and use the HeartVoice Application to effect and obtain HeartVoice Services, provided that such access and use shall be made in Singapore on a mobile device that you own or control for non-commercial purposes.
2. You acknowledge and agree that the access to and use of the HeartVoice Application and HeartVoice Services is offered to you on an “as available, where available” basis. HeartVoice may, at its sole and absolute discretion, at any time add to, vary or limit the features and/or functions of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content which may be made available to you, and/or provide for, vary, supplement or amend and terms and conditions relating to your use of such the HeartVoice Application, any HeartVoice Service or any HeartVoice Content which may be made available to you without notice to you.
3. Any and all access and use by you of the HeartVoice Application and HeartVoice Services shall be governed by these Terms, where applicable, and is subject to such other guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by any applicable regulatory authority or law enforcement body from time to time.
4. Any and all access and use by you of any Additional Service, shall be dependent on your entry into and compliance with the terms and conditions of a separate agreement relating to such Additional Service with the relevant HeartVoice Service Provider, and to any and all other applicable terms, conditions and processes as may be introduced, amended and/or implemented by the relevant HeartVoice Service Provider and/or HeartVoice from time to time. Nothing in these Terms amounts to any representation or warranty that you will be able to access and use the HeartVoice Application to effect or obtain any Additional Service.
5. You must (and may only) pursue any claim, dispute or remedy which you may have in relation to a HeartVoice Service with the relevant HeartVoice Merchants / Service Provider.
  1. HeartVoice’s obligations are limited to taking instructions from you (which instructions shall be in such manner and form and accompanied by such information and supporting documentation as HeartVoice may require from time to time) and such HeartVoice Service Provider and relaying such instructions to you or the HeartVoice Service Provider, as the case may be, in connection with the relevant HeartVoice Service. HeartVoice shall have no other responsibility in relation to the relevant HeartVoice Service.
  2. Any instructions given by you to HeartVoice in connection with any HeartVoice Service may not be cancelled, withdrawn or amended unless HeartVoice in its sole and absolute discretion consents otherwise. HeartVoice shall not bear any liability or responsibility for any and all Losses if HeartVoice does not or is unable to stop or prevent the carrying out of the relevant HeartVoice Service or any transaction as a result of such instructions.
6. Notwithstanding any other provision of these Terms, HeartVoice shall be entitled, in its discretion, to refuse to carry out and/or complete any request submitted or transaction carried out by you or on your behalf pursuant to any HeartVoice Service.
HeartVoice Rewards Programme
1. HeartVoice Users earn rewards through completing task/activity in HeartVoice.
2. Rewards can be in the form of, and not limited to: i. Tickets (which Users can exchange for a chance to spin the wheel) ii. Healthpoints (which Users can exchange for coupon redemption or sweepstakes or purchase tickets)
3. Rewards can be earned from completing tasks / activities specified by HeartVoice system.
4. HeartVoice Users may buy more tickets using Healthpoints.
5. Rewards are not transferrable or exchangeable for cash or cheque.
6. You may top-up and add rewards to your HeartVoice Account through the tasks and/or exchange methods available, subject to any terms, conditions and processes as may be introduced, amended and/or implemented by HeartVoice from time to time in relation to the HeartVoice Application, provided that your HeartVoice Account can only hold, in aggregate, a maximum Tickets amount of 1,661 tickets per account and a maxium Healthpoints amount of 30,807 Healthpoints per account (or such other tickets and Healthpoints amount as HeartVoice may determine in its discretion from time to time) at any point in time.
7. Rewards are not transferrable and non-refundable.
8. The balance for the time being standing to the rewards of your HeartVoice Account (“Unused Balance”) is held on trust by HeartVoice for you, and does not earn any interest for you. Save as otherwise expressly provided in this Clause 6.2, no refunds or cash / cheque withdrawals may be made from your HeartVoice Account:
  1. You may at any time submit a request to HeartVoice through the HeartVoice email at www.ourheartvoice.com/contact for a termination of your HeartVoice Account. Such request shall be made in such manner and form and accompanied by such information and supporting documentation as may be required by HeartVoice from time to time. Upon receipt of your request, HeartVoice will provide, subject to verification and any termination as provided in Clauses 15.8, no refund of rewards and coupons to you, as whereupon your HeartVoice Account shall be terminated. The refund shall be made by HeartVoice in such manner and at such time as HeartVoice may determine in its sole discretion, as shall be advised by HeartVoice.
  2. Any case for refund for rewards will be assessed individually by HeartVoice.
  3. For avoidance of doubt, HeartVoice will not entertain any request for any refund of Rewards and/or Coupons.
  4. Where you have outstanding payments owing to any HeartVoice Subsidiary, HeartVoice shall be entitled to first set- off the outstanding payments due to such HeartVoice Subsidiary against the Unused Balance for the time being.
9. Notwithstanding any provision in these Terms, HeartVoice shall be entitled to, at any time and without notice to you:
  1. deduct from your HeartVoice Rewards any amount deemed by HeartVoice in its sole discretion to have been wrongly credited into your HeartVoice Account and/or reverse any transaction carried out using your HeartVoice Account, whether due to mobile networks or delivery systems error or otherwise;
  2. deduct from your HeartVoice Rewards any amounts which are payable by you to HeartVoice or any HeartVoice merchants, whether under these Terms or otherwise; and/or
  3. deal with and/or take any action in respect of, any Unused Balance for the time being, if required by and in accordance with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body.
  4. Change of rewards criteria, amount per task and list of tasks required to earn rewards
HeartVoice Coupons
1. Coupons available in HeartVoice system are issued or co-issued by HeartVoice and/or HeartVoice merchants.
2. Each coupon is subjected to its terms and conditions provided by the issuer.
3. Redemption of coupon can be done using rewards such as Healthpoints in the HeartVoice App and/or site.
4. Coupons can be presented to be used at issuer’s online or offline stores.
5. Coupons can be in the format of discount coupon codes, QR code, barcode, or all three formats, or simply a web URL link.
6. Information of HeartVoice Users may be shared with HeartVoice merchants who issue the coupon, upon coupon redemption.
7. Coupons are not transferrable and non-refundable.
8. HeartVoice reserves the right to change the coupons’ availability and redemption cost per corporation and at any point of time.
HeartVoice Spin the Wheel Programme
1. HeartVoice Users can use their tickets available to have a chance to spin the wheel in HeartVoice App.
2. The prizes available for Users to win are subjected to availability, while stock lasts, in the HeartVoice system.
3. HeartVoice reserves the right to change the prizes’ availability and chances per corporation and at any point of time.
Your General Obligations
1. Without prejudice to any other obligations which you may have (whether under these Terms, at law, in equity or otherwise), you represent, warrant and undertake that:
  1. any and all information provided by you to HeartVoice and/or any other HeartVoice Subsidiary in connection with your access to and use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content (including in the course of registering for a HeartVoice Account) shall be true, accurate and complete, and you shall promptly notify and update HeartVoice and/or the relevant other HeartVoice Subsidiary in the event of any change to such information (in such form and with such valid supporting documentation as may be required by HeartVoice and/or the relevant other HeartVoice Subsidiary from time to time);
  2. you are not and will not at any time be located in a country that is subject to embargo, or that has been designated as a “terrorist supporting” country by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
  3. you are not and will not at any time be listed on any list of prohibited or restricted parties by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
  4. you shall comply with: i. all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body; and ii. such policies, measures, guidelines, regulations and procedures (such as security and encryption standards, rules and procedures) as HeartVoice may specify from time to time in relation to the HeartVoice Application, including the provision of the HeartVoice Application by HeartVoice to you, and your use of the HeartVoice Application, any HeartVoice Service and any HeartVoice Content;
  5. you have taken, obtained and shall maintain in force all necessary action to authorise and all necessary permits, licences, approvals, consents, waivers and exemptions for your entry into and performance of your obligations under these Terms and to access and use your HeartVoice Account, the HeartVoice Application and the relevant HeartVoice Services and related HeartVoice Content, in each case, in accordance with all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body;
  6. you shall not at any time access or use the HeartVoice Application, any HeartVoice Service or any HeartVoice content for any unlawful or illegal activity or purpose or in any manner which will result in you or HeartVoice or any other HeartVoice Subsidiary breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body; and
  7. you shall render to each of HeartVoice and the other HeartVoice Subsidiaries any assistance and co-operation as HeartVoice or such other HeartVoice Subsidiary (as the case may be) may require in connection with any investigation undertaken and/or action taken by HeartVoice or such other HeartVoice Subsidiary (as the case may be) (including that referred to in Clause 11.3).
2. When using the HeartVoice Application, you agree not to do (or facilitate or attempt the doing of), and not to permit, cause or procure that any person to do (or facilitates or attempts the doing of), directly or indirectly, any of the following:
  1. compromising or undermining the security or integrity of the HeartVoice Application or any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the HeartVoice Application;
  2. accessing or using the HeartVoice Application via any means or interface without obtaining express authorised permission from the relevant party(ies), including using or launching any automated system;
  3. accessing, using or damaging, or disrupting or impeding the operation of, any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the HeartVoice Application (other than as expressly permitted in these Terms);
  4. renting, leasing, lending, trading, selling, reselling or otherwise charging any person for the use of the HeartVoice Application;
  5. breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any rule, regulation or policy applicable to any network, server, computer database, website or news group that you may access;
  6. infringing any intellectual property right, proprietary, privacy or publicity rights of any person, or breach any obligation of confidence or any other proprietary right;
  7. breaking into or accessing any computer hardware, software, system or procedure;
  8. relaying any material through any third-party equipment, systems, networks, sites, servers and/or infrastructure without authorisation;
  9. using or storing any bots on HeartVoice or any other HeartVoice Subsidiaries’ servers;
  10. carrying out any activities which HeartVoice may consider to be actually or potentially injurious to any person (including any HeartVoice Subsidiary);
  11. sending, posting (whether through the HeartVoice Application, on any website, mobile site, application, interface or platform that displays the “HeartVoice” mark, or otherwise), transmitting, distributing, linking to, soliciting, collecting or otherwise dealing with any content or service that: i. contains or constitutes unsolicited material (including unsolicited bulk mail messages, masses of electronic mail and other data) that could be expected to adversely affect any network or facilities; ii. does not meet acceptable standards of decorum and good taste; iii. contains or constitutes any material that is, or that HeartVoice considers, in its sole and absolute discretion, to be, obscene, offensive, defamatory, libellous, unlawfully threatening or harassing or otherwise actionable; iv. infringes any right of any person (including any proprietary or intellectual property right) or is in violation of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body; v. contains or constitutes any material that is, or that HeartVoice considers, in its sole and absolute discretion, to be, misleading; vi. compromises or undermines the security or integrity of HeartVoice or any of the equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with HeartVoice; vii. contains any errors, whether technical or otherwise; or viii. contains or constitutes any material in any form that would render HeartVoice or any other HeartVoice Subsidiary liable to any claim or proceedings whatsoever;
  12. transmitting or distributing any viruses, worms, defects, Trojan horses, cancelbots, sniffer, time bombs or any programming or code of a destructive nature;
  13. violating any person’s rights (including privacy rights), interfering with any person’s use of the HeartVoice Application, or causing any nuisance, annoyance or inconvenience to any person;
  14. interfering with the proper working, functionality or availability of the HeartVoice Application or any other computer program or database in relation to or required in using the HeartVoice Application;
  15. exploiting or abusing the HeartVoice Application;
  16. breaching, tampering with, circumventing or modifying any security measures used by or on behalf of HeartVoice in connection with the HeartVoice Application, including any encryption codes or technological protection measures in or used in connection with the HeartVoice Application; or
  17. imposing an unreasonably large load on the servers serving the HeartVoice Application.
General Rights of HeartVoice
1. HeartVoice shall be entitled to send, and you hereby consent to HeartVoice, sending and to you receiving, “push notifications” and e-mails relating to:
  1. your access to and use of the HeartVoice Application and your HeartVoice Account (including details of how and when to update the HeartVoice Application); and
  2. the Base Services and/or Additional Services.
2. Notwithstanding any other provision of these Terms, HeartVoice shall be entitled to, and hereby reserve all rights to, at any time disable any links to or frames of any website or mobile application containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any applicable proprietary, privacy, publicity or other rights of any person (including Intellectual Property Rights).
3. HeartVoice shall be entitled to at any time investigate complaints or reported breaches of these Terms or any matter referred to in these Terms, and to take any action HeartVoice may consider appropriate, including reporting any suspected unlawful activity to law enforcement officials or regulators and disclosing any information necessary or appropriate to such persons.
4. HeartVoice may, in its sole discretion, change, add or remove any feature or functionality of the HeartVoice Application at any time, including as a result of the acquisition and expiry of rights to any HeartVoice Content. Any such changes, additions and removals shall become part of the HeartVoice Application and shall apply immediately. Your continued access to and use of the HeartVoice Application shall be deemed to be your conclusive acceptance of such changes, additions and removals.
5. Notwithstanding any provision in these Terms which require HeartVoice to, or envisage that HeartVoice will, give notify or inform you of any matter, HeartVoice may nevertheless not notify or inform you of such matter if HeartVoice considers in its sole and absolute discretion that notifying or informing you of such matter will or may cause (i) HeartVoice or any other HeartVoice Subsidiary to be in breach of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body and/or (ii) any prejudice to any investigation or proposed investigation by any person (whether HeartVoice, any other HeartVoice Subsidiary, any regulatory authority or law enforcement body, or otherwise).
6. You hereby agree and accept that HeartVoice’s records of Payment Transactions and any other matter in relation to these Terms (including any communications transmitted electronically or telecommunications between HeartVoice and you) as final and conclusive and binding for all purposes, in the absence of manifest error.
7. Without prejudice to any of HeartVoice’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), HeartVoice is required to act in accordance with any and all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body relating to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities, and may be subject to sanctions in relation thereto. HeartVoice shall have the right to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.
8. Without prejudice and in addition to any right of set-off to which HeartVoice is otherwise entitled, HeartVoice may, at any time, upon written notice to you, set-off any amounts owing by you to HeartVoice against any amounts which HeartVoice owes to you. Notwithstanding the foregoing, in the event that you breach any provision of these Terms, HeartVoice may perform such set-off without notice to you.
Disclaimers, Indemnity and Liability
1. All HeartVoice Services are offered and provided from Singapore. All HeartVoice Content is directed at and restricted to natural persons resident in or entities having a place of business in Singapore ONLY. HeartVoice makes no representation that the HeartVoice Application, the provision of any HeartVoice Service or any HeartVoice Content is lawful, appropriate or available for use in other locations or jurisdictions.
2. You acknowledge and agree that the HeartVoice Application and all HeartVoice Services (and your access thereto and use thereof), and all HeartVoice Content, are provided on an “as is, as available” basis. Notwithstanding any other provision of these Terms, nothing in the HeartVoice Application constitutes or should be regarded as an offer or solicitation on the part of HeartVoice to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase of, subscription for or other use of such products or services
3. All HeartVoice Content are provided or made available to you for general information and reference only. In addition, HeartVoice Content relating to third parties and/or products and/or services provided by third parties or provided on behalf of third parties (including Third Party Content) are re-transmitted by HeartVoice to you in the ordinary course of business. Such products and/or services, and any act or omission of such third parties, shall be the sole responsibility of the relevant third party, and you must (and may only) pursue any claim, dispute or remedy in respect thereof with such third party.
4. HeartVoice Content may contain or comprise geographic, political, economic, statistical, financial and health-related data presented in approximate or summary or simplified form which may change over time, and may be based on material and/or information obtained from third parties which may not be accurate. You should not use any HeartVoice Content as a basis for making any decision, including whether to register for HeartVoice Account or to access or use a HeartVoice Service. HeartVoice Content should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You should obtain such professional advice where appropriate.
5. Your access to and use of the HeartVoice Application, any HeartVoice Service and any HeartVoice Content shall be solely at your own risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice and other information received with respect to the Payment Services in determining whether to access and/or use the HeartVoice Application, any HeartVoice Service and any HeartVoice Content.
6. In particular, without limitation, if you choose to access and/or use any Third Party Sites and/or Third Party Content, you acknowledge and agree that your access and/or use shall be subject to, and you shall review, accept and comply with, such terms and conditions (including any end user licence agreements) as may be applicable to such Third Party Sites and/or Third Party Content. You shall be solely responsible for any provision or submission of information by or on behalf of you on or through any Third Party Site.
7. None of the Indemnified Parties makes, and each of the Indemnified Parties hereby expressly excludes, any representation, warranty, guarantee, endorsement or undertaking of any kind, whether express or implied, statutory, arising from usage or custom or trade or by operation of law, or otherwise:
  1. in relation to these Terms, the HeartVoice Application, any HeartVoice Service or any HeartVoice Content, including: i. the provision of the HeartVoice Application, any HeartVoice Service and any HeartVoice Content to you; ii. the performance by HeartVoice of its obligations under these Terms; iii. any failure or delay in, interruption to or disruption of the provision of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content to you, or in the transmission or receipt of any data in connection with the provision of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content to you, howsoever caused or arising; iv. your access to and use of the HeartVoice Application, any HeartVoice Service and any HeartVoice Content (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such access and/or use), and any suspension, termination or discontinuance thereof; and v. any transaction or activity carried out pursuant to any HeartVoice Service.
  2. as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality, availability or ability of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content;
  3. as to the inter-operability of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content with any other system, infrastructure, interface, product, service, network or otherwise to any extent;
  4. as to whether the HeartVoice Application, any HeartVoice Service or any HeartVoice Content will meet your needs or requirements in any way or be uninterrupted, timely, secure, or free from computer viruses, Trojan horses, worms, malicious, destructive or corrupting codes or programmes, malicious activities of third parties, software bombs or similar items, defects, delays, errors, spyware, malware, adware, imperfections, faults, mistakes, misrepresentations, omissions, defects or inaccuracies;
  5. as to whether the service conditions on which your access to and/or use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content depend (as further described in Clause 12.8), will be met; and
  6. as to whether or not your access to and/or use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content will (i) breach any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body, (ii) contain any obscene, offensive, defamatory material, or (iii) breach or infringe any rights, including Intellectual Property Rights and other proprietary, privacy and publicity rights, of any person and any obligations of confidence, and save to the extent prohibited by applicable law, the Indemnified Parties do not accept and shall not bear any liability or responsibility arising directly or indirectly from or in connection with any or all of the foregoing matters, and you hereby waive claim you may now or in the future have against any Indemnified Party for the same. You shall fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
8. You acknowledge and agree that your access to and use of the HeartVoice Application, any HeartVoice Service and any HeartVoice Content is subject to the following service conditions being met:
  1. the availability to you of a suitable mobile handset or device that is compatible for use with the HeartVoice Application and the relevant HeartVoice Service and HeartVoice Content;
  2. the availability and connectivity of a suitable network infrastructure at the time when the HeartVoice Application or the relevant HeartVoice Service or HeartVoice Content is accessed and/or used by you;
  3. the geographic and technical capability of the mobile networks and delivery systems at the time and location when and where the HeartVoice Application or the relevant HeartVoice Service or HeartVoice Content is accessed and/or used by you.
9. You acknowledge and agree that HeartVoice has entered and may enter into agreements and arrangements with, and is and may be subject to certain obligations to, owners and operators of Apps (“App Providers”) in connection with the distribution of the HeartVoice Application as a mobile application. HeartVoice accepts no, and shall not bear any, liability or responsibility for any Loss arising from or in connection with any act or omission of any App Provider, or otherwise from the relationship between HeartVoice and such App Providers.
10. Save to the extent prohibited by applicable law, in no event shall any Indemnified Party be liable or responsible in any way whatsoever for, and you waive any claim you may now or in the future have against any Indemnified Party and hereby agree to fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Loss arising from or in connection with or by reason of:
  1. these Terms, the HeartVoice Application, any HeartVoice Service or any HeartVoice Content, including the matters described in Clauses 12.7.1(i), any breach of these Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise) and any exercise by HeartVoice or any HeartVoice Subsidiary of their respective rights under these Terms;
  2. any transaction or activity carried out through your HeartVoice Account or pursuant to any HeartVoice Service being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way for any reason whatsoever;
  3. any unauthorised, mistaken, unlawful or wrongful payments made through your HeartVoice Account or pursuant to any HeartVoice Service for any reason whatsoever;
  4. the performance by or on behalf of HeartVoice of its obligations under these Terms, including the fulfillment of or failure to fulfil any Payment Transaction Request or the performance of or failure to perform any Payment Transaction (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such fulfilment, performance or failure);
  5. any product or service obtained from any Payment Merchant pursuant to any Payment Transaction (or any description of such product or service);
  6. any breach of any Additional Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise);
  7. any failure, refusal, delay, error or other act of omission by or on behalf of any HeartVoice Service Provider or content provider;
  8. the use or disclosure, in any manner and for any purpose, by any Indemnified Party of any information obtained and/or provided by you in connection with your use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content, including where such information is (to your knowledge or otherwise) inaccurate, inadequate, incomplete, ambiguous, inconsistent or otherwise;
  9. any error, omission, inadequacy, incompleteness, ambiguity, inconsistency or inaccuracy in or of any information obtained and/or provided by you in connection with your use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content (including in any Payment Transaction Request); and
  10. any Force Majeure Event.
11. This Clause 13 shall survive any expiry, termination or other cessation of your relationship with HeartVoice and/or your access to and/or use of the HeartVoice Application, any HeartVoice Service or any HeartVoice Content. HeartVoice reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with HeartVoice in asserting any available defences.
Intellectual Property Rights
1. You agree that caching, hyperlinking to, and framing of the HeartVoice Application or any HeartVoice Content are strictly prohibited, and that you shall not, and shall not assist, procure or cause any person to do or omit to do any thing which may constitute any of such activities.
2. All Intellectual Property Rights in or relating to the HeartVoice Application, any HeartVoice Service and any HeartVoice Content, including information, communications, software, texts, graphics, links and sounds, belong to HeartVoice, the relevant HeartVoice Service Provider and/or their respective related corporations, content providers and/or their third party licensors. Nothing in these Terms nor the grant to you of a licence to access and use HeartVoice shall be construed as granting you, by implication, estoppel or otherwise, and you shall not in any event be entitled to, any licence or right to use any such Intellectual Property Rights without the prior written consent of the relevant holder of such Intellectual Property Rights. Any right not expressly granted herein is reserved.
3. You shall not, and shall not assist, cause, permit or authorise any person to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicense, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operates or supports, or create any derivative works based on, any HeartVoice Content (or part thereof) (including its user interfaces), in any form or by any means, without the prior written permission of the relevant copyright holder for any purpose whatsoever. For the purposes of these Terms, “reverse engineer” includes the examination or analyses of HeartVoice Content to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of such HeartVoice Content. The source and object code of the HeartVoice Application constitute a trade secret of HeartVoice and must not be accessed, examined or shared without HeartVoice’s prior written consent.
4. You acknowledge and agree that the HeartVoice Application, the HeartVoice Services, and all HeartVoice Content may not be used, and you shall not and shall not assist, cause, permit or authorise any person to use HeartVoice, any HeartVoice Service or any HeartVoice Content (or part thereof), for commercial purposes (including commercial distribution.
5. You hereby grant to HeartVoice a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in all information and material which you provide to HeartVoice in accessing and using the HeartVoice Application, any HeartVoice Service and/or any HeartVoice Content, for any purpose HeartVoice deems fit (including the copying, transaction, distribution and publication thereof).
Personal Data
1. HeartVoice and each other HeartVoice Subsidiary shall be entitled to request for, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of HeartVoice and each other HeartVoice Subsidiary, any and all Customer Information, in the manner and for the purposes set out in the HeartVoice Data Protection Policy, and for the following purposes:
  1. considering whether to approve and/or processing your request for registration for a HeartVoice Account and/or to provide you with any HeartVoice Service;
  2. administering and/or managing your HeartVoice Account and/or your relationship with HeartVoice and any other HeartVoice Subsidiary;
  3. offering, providing and making available to you and carrying out their respective HeartVoice Services;
  4. performing their respective obligations under these Terms and any Additional Terms;
  5. carrying out identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes);
  6. dealing in any matters relating to the HeartVoice Services and/or HeartVoice Content which you access and use (including the mailing of correspondence, statements, invoices, reports or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages);
  7. investigating fraud, misconduct, any unlawful action or omission, whether relating to your application, your claims or any other matter relating to your HeartVoice Account and/or your relationship with HeartVoice and any other HeartVoice Subsidiary, and whether or not there is any suspicious of the aforementioned;
  8. for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators (such as, without limitation, the Monetary Authority of Singapore), exchanges, clearing houses, markets or depositories); and
  9. providing you with information, offering rewards, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the HeartVoice Data Protection Policy, (collectively, the “Purposes”).
2. You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of Singapore (if applicable), by and on behalf of HeartVoice or any other HeartVoice Subsidiary, of your personal data, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by HeartVoice or any other HeartVoice Subsidiary, HeartVoice would be processing your personal data for HeartVoice or any other HeartVoice Subsidiary for any of the Purposes.
3. You hereby represent, warrant and undertake to HeartVoice and each other HeartVoice Subsidiary that where you or your representative is responsible for the provision of any information or data relating to any natural person to the HeartVoice and/or any other HeartVoice Subsidiary, or actually provides any such information or data to HeartVoice and/or any other HeartVoice Subsidiary, you have informed each such person and each such person has given consent to the HeartVoice’s collection, use and disclosure of their personal data as described under these Terms and the HeartVoice Data Protection Policy.
4. You agree that HeartVoice and each other HeartVoice Subsidiary may retain all Customer Information for the Purposes and in compliance with the applicable law.
5. If you wish to withdraw your consent given under this Clause 15, you are required to submit a request to HeartVoice (in such form as may be specified by HeartVoice from time to time), whereupon HeartVoice shall be entitled to take such action, or procure to be taken any such action, as HeartVoice may consider appropriate arising from or in connection with such withdrawal of consent (including suspending or terminating the provision of HeartVoice (in whole or in part) to you).
6. You hereby consent to HeartVoice and each HeartVoice Service Provider sending SMS notifications to you or contacting you in any other manner at any time and from time to time in relation to the HeartVoice Application (including in respect of your HeartVoice Account) or the relevant HeartVoice Service, respectively. If you contact HeartVoice or any HeartVoice Service Provider via email, HeartVoice or such HeartVoice Service Provider may keep a record of that correspondence.
7. You consent to HeartVoice’s use of the data files which are placed on your device when you access and/or use the HeartVoice Application and/or any HeartVoice Service (“Cookies”) and HeartVoice’s use of Cookies, as follows:
  1. to collect information about how you access and use the HeartVoice Application and HeartVoice Services;
  2. to identify your device for the following purposes: i. for the operation of the HeartVoice Application and the provision of the HeartVoice Services; ii. to temporarily allow you to carry information between pages or interfaces of the HeartVoice Application to avoid having to re-enter such information; and iii. to temporarily identify your device after you have logged in to a secure page on the HeartVoice Application in order for you to carry out certain transactions;
  3. to enable HeartVoice to improve the HeartVoice Application by tracking your access to and use of the HeartVoice Application and HeartVoice Services, so as to gather statistics on new and repeat visitors to evaluate effectiveness; 14.7.4. to enable HeartVoice to personalise HeartVoice Content for you and make the HeartVoice Application more relevant to your interests;
  4. to store and remember your login and preferences in accessing and using the HeartVoice Application and HeartVoice Services (for example, your choice of language and region) to avoid you having to re-enter such information when you return to the HeartVoice Application;
  5. to maintain access controls for you to view privileged pages without seeking further permission from you (provided that no additional personal data is collected); and
  6. to provide online advertisements or offers on the HeartVoice Application which are most likely to interest you, limit the number of times you see an advertisement or offer, and to evaluate the effectiveness of HeartVoice’s online marketing and advertising programs.
8. While you can choose not to accept Cookies by changing the settings on your device, you acknowledge and agree that if you ‘block’ or choose not to accept any Cookies, certain HeartVoice Services and features on the HeartVoice Application may not work as they otherwise would if you had not ‘blocked’ such Cookies.
9. You may from time to time give your agreement, consent or authority to all collection, use and disclosure by HeartVoice or any other HeartVoice Subsidiary of any Customer Information, for any purpose(s) requested by HeartVoice or such other HeartVoice Subsidiary, by any form of writing or by the acceptance by you of any relevant terms and conditions (including in these Terms and the HeartVoice Data Protection Policy) which refer to such consent or authority.
10. The provisions of this Clause 15 shall also constitute your consent for the purpose of the provisions of the Spam Control Act (Cap. 311A) and other applicable law, unless otherwise notified in writing by you in the procedure as determined by HeartVoice or any other HeartVoice Subsidiary from time to time, including as may be described in the HeartVoice Data Protection Policy.
Force Majeure
1. HeartVoice shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations (including the offering, provision and making available of any Base Service to you, or allowing you to access and use your HeartVoice Account to effect or obtain any HeartVoice Service) if the delay or failure was due to any Force Majeure Event.

Suspension and Termination
1. HeartVoice may at any time suspend (for such period as HeartVoice may in its sole and absolute discretion consider appropriate) or terminate these Terms and/or the availability to you of and/or your access to and/or use of the HeartVoice Application (in whole or in part), your HeartVoice Account and/or any of the HeartVoice Services (as the case may be), in each case, without notice to you and without giving any reason. HeartVoice may (but shall not be obliged to) post a notice of such suspension or termination on the HeartVoice Website or make such notice available in any other manner deemed appropriate by HeartVoice.
2. A HeartVoice Service Provider may at any time suspend (for such period as such HeartVoice Service Provider may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the relevant HeartVoice Service (or any part thereof), in each case, without notice to you and without giving any reason.
3. Without prejudice to the foregoing, HeartVoice and each HeartVoice Service Provider may at any time suspend (for such period as such HeartVoice or such HeartVoice Service Provider (as the case may be) may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the HeartVoice Application (in whole or in part), your HeartVoice Account and/or the relevant HeartVoice Service (or any part thereof) (as the case may be), including freezing any Unused Balance in your HeartVoice Account, without notice to you, if:
  1. HeartVoice or such HeartVoice Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have provided it with any false identification or otherwise misleading information;
  2. you have, or HeartVoice or such HeartVoice Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, committed a breach of any of the provisions of these Terms;
  3. HeartVoice or such HeartVoice Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have misused or are likely to misuse the HeartVoice Application or any HeartVoice Service (including for any unauthorised use or any criminal or illegal purpose);
  4. HeartVoice or such HeartVoice Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you are using the HeartVoice Application, your HeartVoice Account or any or all of the HeartVoice Services, or the relevant HeartVoice Service, respectively, on behalf of another party;
  5. HeartVoice or such HeartVoice Service Provider (as the case may be) is required to do so in order to comply with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
  6. there is a material security threat to the HeartVoice Application, your HeartVoice Account or any of the HeartVoice Services (as the case may be) (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code);
  7. HeartVoice or such HeartVoice Service Provider (as the case may be) is, in its sole and absolute discretion, of the opinion that you have perpetrated a fraud on HeartVoice or any HeartVoice Subsidiary, or such HeartVoice Service Provider or any of its related corporations, respectively, or have conducted yourself in a manner which may result in perpetrating or attempting to perpetrate such a fraud;
  8. you die, or become mentally incapacitated or suffer some other form of legal disability;
  9. any information provided by you to HeartVoice or such HeartVoice Service Provider (as the case may be) in connection with these Terms or the relevant HeartVoice Service, respectively, is found to be false, misleading or incorrect;
  10. you have, or HeartVoice or such HeartVoice Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, caused or attempted to cause failure, interruption, disruption or congestion in any network or system in connection with the HeartVoice Application or any or all of the HeartVoice Services, or the relevant HeartVoice Service, respectively; and/or
  11. any representation or warranty made by you to HeartVoice or such HeartVoice Service Provider (as the case may be) in connection with these Terms is incorrect or misleading.
4. If you wish to suspend or terminate your access to and use of any HeartVoice Service, you are required to submit a request to HeartVoice and the relevant HeartVoice Service Provider in such manner and form and accompanied by such information and supporting documentation as may be required by HeartVoice and/or the relevant HeartVoice Service Provider from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as HeartVoice and/or the relevant HeartVoice Service Provider may consider applicable to such suspension or termination.
5. You shall not be entitled to any payment, compensation or damages from HeartVoice or any other HeartVoice Subsidiary in relation to any suspension or termination of your access to and use of the HeartVoice Application, your HeartVoice Account or any HeartVoice Service for any reason whatsoever.
6. Any suspension or termination of your access to and use of the HeartVoice Application, your HeartVoice Account or any HeartVoice Service for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
7. The rights of suspension and termination of HeartVoice and the HeartVoice Service Providers under these Terms shall be without prejudice to any other rights or remedies which HeartVoice and each HeartVoice Service Provider (as the case may be) may have (whether under these Terms, at law, in equity or otherwise).
8. Upon any suspension or termination of these Terms, and/or the availability to you of and/or your access to and/or use of all (and not some) of the HeartVoice Services, your HeartVoice Account and/or the HeartVoice Application (as a whole):
  1. you shall not have any right, benefit or interest in connection with these Terms, the HeartVoice Application, your HeartVoice Account or any HeartVoice Service, and without prejudice to the foregoing: i. the licence granted by HeartVoice to you to access and use the HeartVoice Application shall cease and accordingly, you shall immediately cease all access to and use of the HeartVoice Application and all HeartVoice Services, and shall not, and shall not assist, cause or permit any person to, access or use the HeartVoice Application, your HeartVoice Account or any HeartVoice Service in any way (such licence, and your access to and use of the HeartVoice Application, your HeartVoice Account and the HeartVoice Services, shall only resume, in the case of a suspension, when such suspension ceases); and ii. any transaction which you have requested be carried out through the HeartVoice Application or pursuant to any HeartVoice Service that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
  2. none of HeartVoice and the other HeartVoice Subsidiary shall have any obligation to you in connection with these Terms, the HeartVoice Application, your HeartVoice Account or any HeartVoice Service;
  3. Any and all sums due or accruing due or payable to HeartVoice or any other HeartVoice Subsidiary in connection with these Terms and/or your access to and use of the HeartVoice Application, your HeartVoice Account and any HeartVoice Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to HeartVoice or such other HeartVoice Subsidiary; and
  4. For the avoidance of doubt, upon termination of the availability to you of and/or your access to and/or use of all (and not some) of the HeartVoice Services, your HeartVoice Account and/or the HeartVoice Application (as a whole), you may register for a new HeartVoice Account in accordance with these Terms, if desired. However, without prejudice to any of HeartVoice’s other rights and remedies (under these Terms, at law, in equity or otherwise), HeartVoice retains the sole and absolute discretion to approve or reject any such request to register a new HeartVoice Account in whole or in part, or to impose any conditions whatsoever to your registration of a new HeartVoice Account.
Modification
1. HeartVoice shall have the right in its sole and absolute discretion to amend, modify or vary these Terms (including any amendments made to the HeartVoice Data Protection Policy) by giving no less than 7 calendar days’ notice thereof to you, by posting on the HeartVoice Application and/or HeartVoice Website or in any other manner deemed appropriate by HeartVoice (which shall constitute good and sufficient notice thereof to you by HeartVoice and shall be deemed to have been received by you on the date of such posting or the making public of such notice, as applicable). If you continue to access and use the HeartVoice Application and/or any HeartVoice Service after such amendment, modification or variation, you shall be deemed to have agreed to be bound by such amended, modified or varied information, material and Terms.
Waiver
1. No failure to exercise or enforce, and no delay on the part of HeartVoice or any HeartVoice Subsidiary in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of HeartVoice or HeartVoice Subsidiary at any time.
Confidentiality
1. You agree that HeartVoice and/or any HeartVoice Subsidiary shall not be under any obligation of confidentiality to you regarding any such information or material provided by you accessing and using the HeartVoice Application and/or any HeartVoice Service, unless agreed otherwise in a separate direct contract between you and HeartVoice and/or the relevant HeartVoice Subsidiary, or otherwise required under applicable law.
Assignment
1. You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of HeartVoice.
2. HeartVoice may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer shall take effect upon posting on the HeartVoice Website or on such date as may be otherwise stated. In the event that HeartVoice assigns and transfers all its rights, interests and obligations under these Terms:
  1. all references to HeartVoice in these Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of HeartVoice; and
  2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of HeartVoice and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.
3. Without prejudice to Clause 13, HeartVoice shall be entitled to sub-contract and delegate any or all of its obligations under these Terms or any other matters contemplated in these Terms, to any third party (including any other HeartVoice Subsidiary) as HeartVoice deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, HeartVoice shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.
Notices and Correspondence
1. All notices and communications by HeartVoice and/or any HeartVoice Subsidiary to you may be sent or despatched to you by delivery, post, e-mail, SMS, eDM or facsimile transmission or any other means deemed appropriate by HeartVoice, to your e-mail or other address or mobile or facsimile number appearing in any of your records maintained by HeartVoice or from which any communication by you to HeartVoice was despatched or issued or otherwise last known to HeartVoice. Any such notice, demand or communication addressed and so despatched to you shall be deemed to have been received by you:
  1. in the case of despatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by HeartVoice and/or the relevant HeartVoice Subsidiary;
  2. in the case of despatch by delivery to your address, on the date and at the time it was so delivered or left at that address; and
  3. in the case of despatch by post: i. to any address in Singapore, on the next day after it was posted by HeartVoice and/or the relevant HeartVoice Subsidiary; or ii. to any address outside Singapore, on the seventh (7th) day after it was posted by HeartVoice and/or the relevant HeartVoice Subsidiary.
2. All notices and requests from you to HeartVoice shall be in writing unless otherwise specified by HeartVoice to you. HeartVoice shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by HeartVoice to you.
Severability
1. Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
Third Party Rights
1. Save for the HeartVoice Subsidiaries, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms.
Applicable Law and Jurisdiction
1. These Terms shall be subject to and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.

Part 3: OMRON connect Cloud and OMRON B2B DSP end user license agreement

OMRON connect Cloud and OMRON B2B DSP Terms of Use

These terms of use (Terms) create a binding legal agreement between you (End-user or you) and Omron Healthcare Singapore Pte Ltd and OMRON Healthcare Co., Ltd (Company, us or we) regarding the use of the OMRON connect Cloud and OMRON B2B DSP service. In addition to these Terms, your use of the Service (as defined in clause 1 below) is also subject to the OMRON connect software End-User Licence Agreement (EULA) (available at: http://www.omronconnect.com/eula/).

Your use of the Service is subject to compliance with these Terms and any applicable terms or policies of the app store provider (including without limitation, Apple App Store and Google Play).

It is important that you read and understand these Terms before clicking “I Agree”. By clicking the “I Agree” button below, you agree to the terms and conditions set out in these Terms and to be bound by them in consideration of your use of the Service. If you do not agree to these Terms, please click the “I Disagree” button below and discontinue your use of the Service.

1.DEFINITIONS

1.“Account Information” means the login ID, the token for authenticating the ID, the e-mail address, the password, and any other information relating to your account set by you to use the Service.

2.“App” means OMRON Connect, an application provided by us or a member of our company group.

3.“Attribute Information” means your date of birth, age, gender, height, body weight, and any other attribute information which are provided by you.

4.“Cookies” refers to the identification information that is sent from the web server when a browser accesses the website, and sent from the browser to the server during future access.

5.“Customer Information” collectively refers to Attribute Information, Registered Device Information, Vital Data, Account Information, and any other information provided by you in connection with the Services.

6.“Device” means a smart phone or a tablet device.

7.“Referrer information” refers to the URL information of the website accessed by you immediately prior, which information is sent by the browser.

8.“Registered Device Information” means: (i) information about the healthcare device from which Vital Data is transmitted to the App; or (ii) information entered in such device.

9.“Service” means the OMRON connect Cloud service, which allows users, by using the App, to store Customer Information located in a Device (other than passwords) in servers managed by us or our service provider and to remotely access such Customer Information from the user’s Device.

10.“Server-Stored Data” means such part of the Customer Information as stored in servers managed by us or our service provider.

11.“Vital Data” means blood pressure, body weight and blood sugar values and other measurement data measured using the healthcare device mentioned in the preceding paragraph.

2.ACKNOWLEDGEMENTS

1.These Terms, including any modifications and/or amendments to it, set out the terms and conditions of use of the Service and govern all activities in connection with your use of the Service.

2.We may amend these Terms at any time by notifying you of such amendments. The amended terms will be displayed when you next use the App and you may be required to read and agree to them to continue your use of the Service.

3.You are responsible for supplying your own Device, the download and installation of the App and any ancillary services (such as an internet connection) at your cost.

3.HOLDING OF ACCOUNTS

1.Only one account may be held per person. An account may not be shared or used by more than one person.

2.If we determine in our discretion that you have breached, or is likely to breach, these Terms, we may suspend your use of the Service or delete your account without prior notice to you.

3.We may, without prior notice to you, delete your account if has not been accessed for more than one year.

4.Your right to use the Service (including the right to view Server-Stored Data) will terminate upon the deletion of your account for any reason. If your account is deleted (including if you delete your own account by mistake) we will be unable to restore the deleted account nor the information.

5.Your rights under these Terms (including the right to use your account) may not be assigned, transferred, leased to, or inherited by, any third party. Any actual or suspected breach of this clause may result in suspension of your use of the Service or the deletion of your account without prior notice to you.

4.RESPONSIBILITY TO MANAGE ACCOUNTS AND PASSWORDS

1.You must not share your account password with any other person. You will be solely responsible for the use and management of your account and password.

2.We will not be responsible for any loss or damage incurred arising out of the unauthorised use of your account due to your breach of these Terms.

3.If you become aware that your account or password has been stolen or otherwise used by a third party without your authorisation, you must immediately notify us and follow any instructions given by us in connection with your account.

4.If you have forgotten your password, you should notify us and follow any instructions given by us to recover or reset your password.

5.SUSPENSION AND DISCONTINUATION OF SERVICE

1.We may suspend or discontinue all or part of the Service if we deem that any of the following events has occurred:

a.if we become unable to provide the Service due to any failure of telecommunication equipment, any act of God, incident or other emergency or any other force majeure event;

b.if it is necessary to conduct maintenance or construction work or other analogous event with respect to the servers or to any other device or equipment in connection with the provision of the Service;

c.if any malfunction or failure occurs in any server or in any other device or equipment used in the provision of the Service; or

d.if it is necessary to suspend the provision of all or part of the Service for operational or technical reasons.

6.EXCLUSION OF LIABILITY

1.To the extent permitted by law, we exclude all liability for any loss or damage that may arise as a result of or in connection with:

a.the suspension or discontinuation of the Service by us in accordance these Terms; and

b.any inability to access or use all or part of the Server-Stored Data due to the communication condition of your Device, due to any bugs contained in the App or the Service, or due to any other cause; and

c.the loss of Customer Information that may arise in connection with your use of the Service. We may reproduce Server-Stored Data to the extent necessary for the maintenance, improvement of the Service; and

d.deletion of all or part of the Server-Stored Data in accordance with these Terms; and

e.malfunction or any other problems associated with your Device, or the use of any other third party services not operated by us.

2.TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, PERFORMANCE OR UNINTERRUPTED SERVICE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE SERVICE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:

a.ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED;

b.ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SERVICE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SERVICE AND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO: i.LOSS OF INCOME OR REVENUE;

ii.LOSS OF BUSINESS;

iii.BUSINESS INTERRUPTION;

iv.LOSS OF BUSINESS OPPORTUNITY;

v.LOSS OF PROFIT OR CONTRACTS;

vi.LOSS OF ANTICIPATED SAVINGS;

vii.LOSS OF DATA;

viii.LOSS OF GOODWILL;

ix.WASTED MANAGEMENT OR OFFICE TIME;

x.INJURY OR DEATH,

WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

3.In the event that the use of the Service involves a “consumer transaction” as defined in the Consumer Protection (Fair Trading) Act (CPFTA), nothing contained in these Terms shall operate to exclude, restrict or modify any of the rights, benefits or protections conferred on a consumer pursuant to the CPFTA, provided that to the fullest extent permitted by law, the Company’s liability for any breach of its obligations herein will (in its sole discretion) be limited to supplying the Service again or paying the cost of having the Service supplied again.

4.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND MEMBERS OF OUR COMPANY GROUP HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR BREACH OF THESE TERMS, THE EULA OR YOUR USE OF THE SERVICE.

7.DELETION OF SERVER-STORED DATA

1.We may delete all or part of the Server-Stored Data in any of the following events: a.if you breach any provision of these Terms or the EULA;

b.if the Service is discontinued in accordance with clause 5.1;

c.if you have not accessed the Service for one year

d.if you withdraw your consent at any time in respect of the use, collection or disclosure of your personal data.

2.It is your responsibility to regularly backup the Vital Data to avoid the loss of such data.

8.USER HISTORY INFORMATION

1.We may collect non-personal or anonymous data such as your access history, operation history within the App, search history, IP address, dates, reference/exit pages and any other information about your use of the Service (User History Information) by using Cookies, Referrer information and/or other methods. If you deactivate Cookies or other methods tracking User History Information, your use of the Service may be restricted.

2.Your use of the Service requires transmission of data (including User History Information), which may incur communication charges from your internet or mobile service provider.

3.We may use third-party analytical services to analyse User History Information for the purpose of improving the Services or for other purposes. Information recorded using such analytical services will not contain personally identifiable information.

4.You acknowledge that we may obtain your information from third parties, including our service providers and their alliance partners, where such disclosure has been permitted by you through the privacy settings of such third parties.

9.HANDLING OF CUSTOMER INFORMATION

1.You acknowledge and agree that in order for us to provide the Service to you, the Server-Stored Data may be located in servers situated outside of Singapore and managed by our service providers. We will take reasonable steps to ensure that our service providers provide a standard of protection to personal data transferred to them that is comparable to the protection under the PDPA. By using this Service, you acknowledge that you have read and agree to our privacy policy (available at: http://www.omronconnect.com/privacy/) and duly consent to the transfer of your personal data comprised in any Server-Stored Data to any such service providers.

2.If you have any questions, feedback or requests about the App or the Service, or if you wish to give notice to us under these Terms, please contact us by e-mail to [email protected].

LAST UPDATED : 09/09/18

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