TERMS AND CONDITIONS INCORPORATING END USER LICENSE AGREEMENT AND TERMS OF SERVICE

IMPORTANT – DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR URGENT SITUATIONS, IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 995 OR GO TO YOUR NEAREST HOSPITAL. TELEMEDICINE SERVICES ARE NOT INTENDED TO REPLACE THE DOCTOR-PATIENT RELATIONSHIP. RATHER, IT IS A SERVICE OFFERING THE ADVANTAGES OF CONVENIENCE AND ACCESSIBILITY TO A BROAD RANGE OF HEALTHCARE SERVICES. THE HEALTHCARE PROVIDER IS ONLY OBLIGED TO PROVIDE YOU TELEMEDICINE CONSULTATIONS AND REMOTE PATIENT MONITORING SERVICE DETAILED IN THE PACKAGE YOU HAVE SUBSCRIBED FOR.  YOUR ELIGIBILITY TO USE THE HEALTHCARE PROVIDER TELEMEDICINE CONSULTATIONS AND REMOTE PATIENT MONITORING SERVICE IS SUBJECT TO THE DOCTOR’S ASSESSMENT OF YOUR SUITABILITY IN ACCORDANCE WITH THE TELEMEDICINE NATIONAL GUIDELINES 2015.

PLEASE BE AWARE THAT WE MAY ASK YOU TO CONFIRM YOUR IDENTITY IN A CONSULTATION BY PROVIDING SUITABLE FORMS OF VERIFICATION WHICH INCLUDE BUT IS NOT LIMITED TO A PHOTOGRAPH, NRIC AND PASSPORT.

PLEASE READ THE TERMS AND CONDITIONS (AS DEFINED BELOW) CAREFULLY. YOU CONFIRM AND AGREE THAT THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HEARTVOICE AND /OR HEALTHCARE PROVIDER. THESE TERMS AND CONDITIONS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY.

YOUR AGREEMENT TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS (INCLUDING OUR END USER LICENSE AGREEMENT AND TERMS OF SERVICE) AND PRIVACY POLICY IS DEEMED TO OCCUR UPON FIRST USE OF OUR APPS AND WEBSITES AND BY EXPLICIT AGREEMENT UPON REGISTRATION.

YOUR PERSONAL DATA WILL BE RETAINED IN ACCORDANCE WITH THE MINISTRY OF HEALTH’S GUIDELINES ON THE RETENTION OF PATIENT DATA. FURTHER, YOU ARE DEEMED TO HAVE ACCEPTED OUR TERMS AND CONDITIONS, PRIVACY POLICY AND ANY MEDICAL CONSENT REQUIRED BY THE HEALTHCARE PROVIDER (COLLECTIVELY “OUR POLICIES”) WHEN ACCESSING OUR CONSULTATION SERVICES. BY EXPLICITLY ACCEPTING OUR POLICIES, YOU AUTHORIZE HEARTVOICE TO USE YOUR PERSONAL INFORMATION INCLUDING YOUR HEALTH INFORMATION AND DETAILS OF ALL YOUR PAST CONSULTATIONS, COLLECTIVELY YOUR “ELECTRONIC HEALTH RECORD” WHICH INCLUDES “PERSONAL DATA” AND “SENSITIVE PERSONAL DATA”.

YOU ALSO CONSENT AND AGREE THAT HEARTVOICE MAY RELEASE YOUR ELECTRONIC HEALTH RECORD FOR THE PURPOSES OF YOUR TREATMENT AND ONGOING HEALTHCARE TO YOUR DOCTOR (GENERAL PRACTITIONER “GP” OR SPECIALIST), PREFERRED (NOMINATED) PHARMACY, NEXT OF KIN AND/OR PERSONS AUTHORIZED TO MAKE DECISIONS IN RELATION TO YOUR HEALTHCARE IF YOU DO NOT WISH US TO RELEASE YOUR ELECTRONIC HEALTH RECORD, PLEASE NOTIFY THE DOCTOR IN YOUR CONSULTATION. YOU WILL STILL BE DEEMED TO HAVE EXPLICITLY ACCEPTED TO OTHER PARTS OF OUR POLICIES. WE MAY ALSO DISCLOSE YOUR PERSONAL INFORMATION TO INSURANCE AGENCIES, WHERE YOU HAVE SELECTED ANY ONE OF OUR TELEMEDICINE PACKAGES WHICH INCLUDE INSURANCE COVERAGE.

IF YOU ARE ENTITLED TO FREE OR SUBSIDIZED CONSULTATIONS THROUGH GOVERNMENT SUBSIDIES AND/ OR YOUR INSURER, EMPLOYER OR A GROUP MEMBERSHIP, WE WILL SHARE WITH THEM YOUR DATE OF CONSULTATION, NAME, CONTACT DETAILS, NRIC, PASSPORT NUMBER, DATE OF BIRTH, AND POLICY OR MEMBERSHIP NUMBER TO ASSIST WITH REIMBURSEMENT. WE WILL NOT SHARE INFORMATION FROM CONSULTATION WITHOUT YOUR EXPLICIT CONSENT. PLEASE CONTACT [email protected]TO REQUEST FOR ASSISTANCE.

View Our Privacy Policy

INTRODUCTION

When accessing our HeartVoice Services using Mobile Applications and Websites we ask that you make, a few commitments to us to ensure that you receive care personalized to you, and to protect you against the risk of receiving treatment that is inappropriate or unsafe. For feedback: [email protected].

It is important for you to read and fully understand those commitments, so we have outlined the most important immediately below.

We ask that:

1. you commit you are the person registering and are not presenting yourself as someone else or acting as an agent for somebody else;
2. you will only register once with HeartVoice unless you are registering for a dependent or a person in your care;
3. you are advised to call or message the Healthcare Provider not later than 3 hours prior to the Scheduled Appointment if you wish to cancel the Scheduled Appointment;
4. you agree to protect the privacy and security of all Users (Patients, Doctors, Our Healthcare Providers and HeartVoice Employees) and not to make independent recordings of consultations, capture images, or take screen shots or record voice or data or similar of the consultation. All necessary details of your consultations are stored for your benefit in your own Consult History and Patient Information (Personal and Health Information) (collectively “Electronic Health Record”). We may record your telephone calls with HeartVoice helpdesk who will assist you with general and technical enquiries;
5. you commit that any information you provide HeartVoice and its Healthcare Providers will be accurate and not to omit anything of relevance or importance, which for the avoidance of doubt includes, current and past, medications and conditions;
6. you will maintain and ensure that your Patient Information (Personal and Health), is current and correct at the time of any appointment or consultation;
7. you will keep your Patient Information (Personal and Health), current and add any relevant advice, opinions, tests, prescriptions or imaging you have received from all sources;
8. you will comply with all instructions and advice given to you by Healthcare Providers, subcontractors and third parties for your continuing care;
9. you will comply with the manufacturers’ instructions and guidance as to the use of any medicine (OTC or Prescription) including method, timing, dosages, potential adverse reactions or side effects, expiry dates etc., and the instructions of any Pharmacist dispensing the prescription following a consultation;
10. you will promptly report any side effects of any prescription to an appropriate Healthcare Provider;
11. you agree, HeartVoice may use Anonymised Data in the improvement of its Products and Services;
12. you agree that HeartVoice is not in the business of providing medical consultation or services. All medical consultation will be conducted by our Healthcare Provider, and accordingly there will be no medical advice provided to you by HeartVoice. There will be no doctor-patient relationship formed by using the Service. Any medical advice will only be provided to you during your telemedicine consultation with the licensed medical practitioner. HeartVoice shall not be responsible or liable for any action, omission, advice, services, products provided to you by the Healthcare Provider; and
13. you agree that the Healthcare Provider shall provide delivery medicine (where prescribed) to the appointed address. Delivery of the aforesaid to you will be done in accordance with the Singapore Standard Guidelines for the supply and delivery of medication.

1. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, the following words and expressions shall have the following meanings:

1.1. “Account” means an account required for a User to access and/or use certain areas of Our Apps and Websites;

1.2. “Advice” means any communication, diagnosis, discharge, advice or other Services in any form provided or facilitated by HeartVoice or its Healthcare Providers through the Apps and Websites;

1.3. “Affiliate” means, any person, firm, corporation, association, organization, or unincorporated trade or business that directly or indirectly, controls, is controlled by, or is under common control with the Company

1.4. “Anonymised Data” is as defined in the PDPC Guidelines. Anonymised Data refers to data from which the patient cannot be individually identified. Our use of Anonymised Data is in conformity with best practice and Personal Data Protection Commission Guidelines and only in the improvement and promotion of HeartVoice Products and Services and in the development of its business including with Third Parties;

1.5. “Apps and Websites” means the mobile application (IOS or Android) or website at https://www.ourheartvoice.com/and any sub-domains of these websites unless expressly excluded by their own terms and conditions;

1.6. “Content” means all files, documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored in an application (IOS or Android) or on a computer that appears on, or forms part of Our Apps and Websites;

1.7. “Contract” means a contract for the purchase and sale of Products and Services, as explained in Clause 20;

1.8. “Data Protection Acts” (DPA) means the Personal Data Protection Act No. 26 of 2012 (“PDPA”) and any regulations, codes and guidance issued by the Data Protection Commission of Singapore such as the PDPC Guidelines;

1.9. “Electronic Health Record” means your account in our cloud-based storage holding your Personal Information and your Consultation record in accordance with the Ministry of Health’s guidelines on the retention of Patient Data. (“Consult History”);

1.10. “Healthcare Providers” means any registered healthcare professional providing HeartVoice Services through its Apps and Websites including any persons/entities registered under the Private Hospitals and Medical Clinics Act Cap 248 (“PHMC”) as registered general practitioners;

1.11. HeartVoice/Our/Us” means HeartVoice Pte Ltd (UEN: 201836383D), a Company incorporated in Singapore;

1.12. “Indemnified Parties” means HeartVoice, the other HeartVoice subsidiaries and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives;

1.13. “Order” means your order for the Products and Services which may or may not require a payment of monies;

1.14. “Order Confirmation” means Our HeartVoice acceptance and confirmation of your Order;

1.15. “Personal Data” means the definition given to it in the PDPA including any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a name, address, contact number, an identification number, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

1.16. “Products” means any physical item Ordered including but not limited to Blood Pressure Monitors and Body Composition Monitors.

1.17. “Products and Services” means the Products and Services provided by or via HeartVoice to you as specified in your Orders;

1.18. “Sensitive Personal Data” means any data which may reveal any racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life and sexual orientation; genetic data or biometric data; medical history, symptoms, complaints, allergies and medications;

1.19. “Services” means any Service to a User including Advice, telemedicine, remote patient monitoring and any other Services to a User;

1.20. “Subsidiaries” means companies controlled by HeartVoice as defined in the Companies Act Cap 50;

1.21. “Third Parties” means any entities providing Products and Services through HeartVoice or its Apps and Websites, including independent healthcare providers, subcontractors, agencies and suppliers other than HeartVoice and its subsidiaries or affiliates;

1.22. “Third Party Apps and Websites” means Apps and Websites not owned by HeartVoice or any of its subsidiaries or affiliates;

1.23. “User” means any patient, customer, third party, healthcare provider, general practitioners that access the Apps and Websites or orders Products and Services from HeartVoice or its subsidiaries or affiliates and is not directly employed by HeartVoice or acting during their HeartVoice employment; and

1.24. “User Content” means any content submitted to Our HeartVoice Apps and Websites by Users including, but not limited to Sensitive Personal Data including name, date of birth, state of health, ailments, allergies, blood pressure readings, diseases or disabilities, medications, physical and mental characteristics, past medical records, photographs, family information, medical diagnoses and notes, details of past consultations; and financial information such as credit and debit card numbers.

2. REGISTRATION, FIRST AND SUBSEQUENT USE

What information we collect, store and process when you register with HeartVoice and use our Services:-

2.1. On registration and first use of Our Apps and Websites we ask for certain “Personal Data” including biographical and demographic information such as; name, email, contact numbers, NRIC, passport number address, date of birth, gender and location. We may also collect insurer, employee, group or membership numbers where appropriate.

2.2. We may also ask for Sensitive Personal Data. Optionally you may also share and/or store with us Medications and Allergies and your Patient Information (Personal and medical history) in your personal Electronic Health Record.

2.3. In order to have a consultation with a doctor, you must explicitly agree to our current Terms and Conditions (incorporating our End User Licence Agreement and Terms of Service) and Privacy Policy at which point we will store that Sensitive Personal Data in your personal information and your Consultation record (“Consult History”) (collectively your “Electronic Health Record”). HeartVoice also provides the ability for your Healthcare Providers to add notes to your Electronic Health Record. Any information provided as part of a video, telephone, secure chat session and/or email consultation becomes part of your Electronic Health Record. At any point you can update your Personal Information, but we will keep a record of those changes if you have had a consultation.

2.4. Your agreement to comply with and be bound by these Terms and Conditions (incorporating our End User Licence Agreement and Terms of Service) and Privacy Policy is deemed to occur upon your first use of Our Apps and Websites and updated at the point of a consultation.

3. ACCESS TO OUR APPS AND WEBSITES

3.1. You may access Our Apps and Websites from anywhere subject to Singapore Law and the applicable laws in your location. It is your responsibility to confirm that you comply with all applicable laws and regulations.

3.2. Our Services may not work well with older versions of browsers. Please check for regular updates, including security updates from your device manufacturer, operating system and browser. Please download Our Apps and Websites in the Apple and Google Play Stores.

3.3. Access to Our Apps and Websites is provided “as is” and on an “as available” basis. HeartVoice may alter, suspend or discontinue Our Apps and Websites (or any part of it) at any time and without notice. HeartVoice will not be liable to you in any way if Our Apps and Websites (or any part of it) is unavailable at any time and for any period. Any technical issues are to be raised to [email protected]

4. ACCOUNT

4.1. Certain parts of Our Apps and Websites (including the ability to purchase Products and Services may require that you create (“register”) an Account to access them.

4.2. You may not register an Account if you are not legal age of majority to contract (i.e you are below 21 years of age) unless your parent, guardian or carer should provides consent and/ or register their own “Master” Account and add you as their Dependant. Dependants must only access the Master Account with the supervision of their parent, guardian or carer and always at the discretion of the medical practitioner. For the avoidance of doubt, HeartVoice takes no responsibility of any actions and conduct of the medical practioner in his/ her consultation with patients of any age.

4.3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes later, you can update it in your patient information page in our Apps and Websites. Falsely provided information may lead to suspension of the Account.

4.4. HeartVoice requires that you choose a strong password for your Account. It is recommended to combine characters in lowercase and uppercase as well as numbers.

4.5. It is your responsibility to keep your password safe. You must not share your password or Account with anyone else. If you believe your Account has or is used without your permission, please contact HeartVoice immediately at [email protected]. HeartVoice will not be liable for any unauthorized access to your Account.

4.6. Any personal information you provide or store in your Account will be collected, used, and held in accordance with Our data protection policies which follow Singapore Law and Industry best practices.

4.7. If you wish to close your Account, you may do so at any time, contacting us by email at [email protected].Closing your Account will result in the removal of your access to your Electronic Health Record. It will not remove any information we have already collected which we are required to maintain in line with Our data retention policies, best practice, the relevant PDPA and to use in Anonymised form.

5. INTELLECTUAL PROPERTY RIGHTS AND TRADE MARKS 

5.1. HeartVoice and its Apps and Websites contain, embody and are based upon worldwide patented or patentable inventions, trade secrets, copyrights and other intellectual property rights (collectively “Intellectual Property Rights”) owned by or under license by HeartVoice and its licensors.

5.2. All logos and trademarks on our Apps and Websites are owned by or licensed to HeartVoice. HeartVoice hereby reserves all rights to their respective use.

5.3. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner, re-use Content from Our Apps and Websites unless given express written permission to do so by HeartVoice. To request authorization contact [email protected].

5.4. This Agreement does not convey to you title or ownership of HeartVoice Apps and Websites. You shall not remove, replace or obscure trademarks or proprietary notices contained in or displayed by HeartVoice.

5.5. Any printouts made of content obtained through HeartVoice must include a recognition and Our copyright notice, © HeartVoice Pte Limited. This Agreement does not confer any license or right to use any trademark of HeartVoice or its licensors or suppliers without the express written permission of HeartVoice. This permission can be requested to [email protected]

5.6. With these restrictions, HeartVoice grants you a limited license to access and make personal use of the Apps and Websites and not to modify, any portion, except with express written consent. This license does not include any resale or commercial use of the Apps and Websites or content; any derivative use of the Apps and Websites or contents; or any use of data mining, robots, or similar data gathering and extraction tools.

5.7. The Apps and Websites or any portion of the Apps and Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HeartVoice. Any unauthorized use terminates the permission or license granted by HeartVoice. You may not use any logo or other proprietary graphic or trademark of insurer, employer or Ggroup or HeartVoice as part of the link without HeartVoice’s prior permission. This permission may be requested to[email protected]

5.8. Subject to sub-Clause 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Apps and Websites unless given express written permission to do so by HeartVoice.

5.9. You may:

5.9.1. Access, view and use Our Apps and Websites in an application (IOS or Android) or web browser (including any web browsing capability built into other types of software or app);

5.9.2. Download Our Apps and Websites (or any part of it) for caching;

5.9.3. Print pages from Our Apps and Websites;

5.9.4. Download extracts from pages on Our Apps and Websites; and

5.9.5. Save pages from Our Apps and Websites for later and/or offline viewing.

5.10. Our status as the owner and author of the Content on Our Apps and Websites (or that of identified licensors, as appropriate) must always be acknowledged, © HeartVoice Pte Ltd.

5.11. You may not use any Content saved or downloaded from Our Apps and Websites for commercial purposes without first obtaining a license from HeartVoice(or Our HeartVoice licensors, as appropriate). This does not prohibit the normal access, viewing and use of Our Apps and Websites for general information purposes. A license may be requested to [email protected]. Nothing in these Terms and Conditions limits or excludes the provisions of the copyright and related rights, covering the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. USER CONTENT 

6.1. An Account is required if you wish to submit User Content. For terms and conditions pertaining to Accounts, please refer to Clause 4.

6.2. You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.3. You agree that you will be liable to HeartVoice and will, to the full extent permissible by law, indemnify HeartVoice for any breach of the warranties given by you in these Terms and Conditions. You will be responsible for any loss or damage suffered by Heart Voice Pte Limited from a breach.

6.4. You retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant HeartVoice an unconditional, fully transferable, royalty-free, worldwide licence to use, store, archive your User Content for the purposes of operating and promoting Our Apps and Websites and for providing you with and improving Our HeartVoice and HeartVoice healthcare products and services including the use of that data in anonymized form. We will not share your Personal Data with a third party other than your Healthcare Provider or without your permission other than set out in Our Privacy Policy.

7. DISCLAIMERS 

7.1. Apps and Websites are not suitable for any condition that should reasonably require face to face analysis, diagnosis or treatment, or for sourcing any Product and Service urgently for a medical emergency or acute condition.

7.2. HeartVoice cannot guarantee continuity of care through the same Healthcare Provider.

7.3. The Content on Our Apps and Websites does not constitute advice on which you should rely. It is provided for general information purposes only.

7.4. HeartVoice makes no representation, warranty, or guarantee that Our Services or Apps and Websites will:

7.4.1. meet your requirements;

7.4.2. be of satisfactory quality;

7.4.3. be fit for a purpose;

7.4.4. not infringe the rights of third parties;

7.4.5. be compatible with all software and hardware; or

7.4.6. that it will be secure.

7.5. HeartVoice makes reasonable efforts to ensure that the displayed Content on Our Apps and Websites is complete, accurate, and up-to-date. HeartVoice does not make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8. DISCLAIMERS, INDEMNITY AND LIABILITY

 8.1. HeartVoice is not responsible for any loss or damage caused by its Healthcare Providers (except to the extent the Healthcare Provider is an employee of HeartVoice or acting within the scope of their employment), or Third Parties unless caused by the negligence, material breach or wilful default of HeartVoice.

8.2. To the full extent permissible by law, HeartVoice accepts no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.

8.3. To the full extent permissible by law, HeartVoice excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Our Apps and Websites or any Content included on Our Apps and Websites.

8.4. HeartVoice takes all reasonable steps to ensure that Our Apps and Websites are free from viruses and other malware, however HeartVoice accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Apps and Websites (including the downloading of any Content from it) or any other Apps and Websites referred to on Our Apps and Websites.

8.5. HeartVoice neither assumes nor accepts responsibility or liability arising out of any disruption or non-availability of Our Apps and Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, pandemics, acts of war, or legal restrictions and censorship.

8.6. The liability of the Company from its Products and Services whether under contract, tort/delict, statute, common law or otherwise (and including for negligence or wilful default) shall not in any circumstances exceed:

8.6.1. the legal minimum in aggregate in relation to any products; and

8.6.2. the legal minimum in aggregate otherwise

8.6.3 the aggregate liability to you or any third party arising from, relating to or connected with these terms notwithstanding clauses 8.6.1 and 8.6.2 shall not exceed the sum of Singapore Dollars one hundred (S$100).

8.7. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability, which cannot be excluded or restricted by law.

8.8. All HeartVoice User Content are provided or made available to you for general information and reference only. In addition, HeartVoice User 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.

8.9. HeartVoice User 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 User Content as a basis for making any decision, including whether to register for a HeartVoice Account or to access or use HeartVoice Products and Services. HeartVoice User 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.

8.10. 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:

8.10.1. in relation to these Terms, the HeartVoice Application, any HeartVoice Products and Services or any HeartVoice User 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 User Content to you, or in the transmission or receipt of any data in connection with the provision of the HeartVoice Application, any HeartVoice Products and Services or any HeartVoice Content to you, howsoever caused or arising; iv. your access to and use of the HeartVoice Application, any HeartVoice Products and Services and any HeartVoice User 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.

8.10.2. 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 User Content;

8.10.3. 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;

8.10.4. as to whether the HeartVoice Application, any HeartVoice Products and Services or any HeartVoice User 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;

8.10.5. as to whether the service conditions on which your access to and/or use of the HeartVoice Application, any HeartVoice Products and Services or any HeartVoice User Content depend will be met; and

8.10.6. as to whether or not your access to and/or use of the HeartVoice Application, any HeartVoice Products and Services 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.

8.11. 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:

8.11.1. the availability to you of a suitable mobile handset or device that is compatible for use with the HeartVoice Application and the relevant HeartVoice Products and Services and HeartVoice Content;

8.11.2. 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;

8.11.3. the geographical 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 Products and Services or HeartVoice Content is accessed and/or used by you.

8.12. 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.

8.13. 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:

8.13.1. These Terms, the HeartVoice Application, any HeartVoice Service or any HeartVoice User Content, 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;

8.13.2. 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;

8.13.3. any unauthorised, mistaken, unlawful or wrongful payments made through your HeartVoice Account or pursuant to any HeartVoice Service for any reason whatsoever;

8.13.4. 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);

8.13.5. any product or service obtained from any payment merchant pursuant to any payment transaction (or any description of such product or service);

8.13.6. 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);

8.13.7. any failure, refusal, delay, error or other act of omission by or on behalf of any HeartVoice Service Provider or content provider;

8.13.8. 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;

8.13.9. 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

8.13.10. any Force Majeure Event.

8.14. This Clause 8 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 User 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.

9. THIRD PARTY APPS AND WEBSITES 

9.1. As a convenience to Our Users, the Apps and Websites may include links (including hypertext) to Third Party Websites or material, which is beyond Our control. When you activate any of these you will leave Our Apps and Websites and HeartVoice has no control over and will accept no responsibility or liability for the material on any App and Website, which is not under the control of HeartVoice

10. ADVERTISING AND SPONSORSHIP 

10.1. Part of the Apps and Websites may contain advertising and sponsorship, including advertising and sponsorship by HeartVoice. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and regulations and codes such as the Private Hospitals and Medical Clinics Advertisement Regulations. HeartVoice will not be responsible for any error or inaccuracy in advertising and sponsorship material.

10.2. To the full extent permissible by law, HeartVoice accepts no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or about the use of (or inability to use) Our Apps and Websites or the use of or reliance upon any Content included on Our Apps and Websites.

11. VIRUSES, MALWARE AND SECURITY 

11.1. HeartVoice takes all reasonable steps to ensure that Our Apps and Websites are secure and free from viruses and malware. HeartVoice does not, however, guarantee that Our Apps and Websites are secure or free from viruses or other malware and accepts no liability in respect of the same.

11.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks. You must not deliberately introduce viruses or other malware, or any other material, which is malicious or technologically harmful either to or via Our Apps and Websites.

11.3. You must not attempt to gain unauthorized access to any part of Our Apps and Websites, the server on which Our Apps and Websites is stored, or any other server, computer, or database connected to Our Apps and Websites.

11.4. You must not attack Our Apps and Websites by means of a denial of service attack, a distributed denial of service attack, or by any other means.

11.5. By breaching the provisions of sub-Clauses 11.3 and 11.4, you may be committing a criminal offence. All, breaches will be reported to the relevant law enforcement authorities and HeartVoice will cooperate fully with those authorities by disclosing your identity to them. Your HeartVoice right to use Our Apps and Websites will cease immediately in the event of such a breach.

12. ACCEPTABLE USAGE POLICY 

12.1. You may only use Our Apps and Websites in a manner that is lawful and that complies with the provisions of this Clause 12.

12.2. You agree that HeartVoice may limit, restrict or remove your right to any or all, of its Services, without reason or notice, where in HeartVoice’s sole opinion your usage of the HeartVoice Services breaches HeartVoice’s current Acceptable Usage Policy, as determined from time to time.

12.3. Specifically when submitting User Content (or communicating in any other way using Our Apps and Websites), you must not submit, communicate or otherwise do anything that is; sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory; promotes violence; promotes or assists in any form of unlawful activity; discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organizations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.

12.4. You must not infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks, designs and database rights) of any other party; or is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.5. HeartVoice reserves the right to suspend or terminate your access to Our Apps and Websites without notice if, in Our sole opinion, you materially breach the provisions of this Clause or any of the other provisions of these Terms and Conditions.

12.6. HeartVoice hereby excludes all liability arising out of any actions (including, but not limited to those set out above) that HeartVoice may take in response to breaches of these Terms and Conditions.

13. COOKIES 

13.1. This Clause should be read in conjunction with our Privacy Policy.

13.2. All Cookies and tracking tools used on our Apps and Websites are used in accordance with current legislation relating to Cookies.

13.3. We may place and access certain first party Cookies on your computer. First party cookies are those placed directly by HeartVoice via this Website and are used only by HeartVoice. HeartVoice uses Cookies to improve your experience of using the Website and to improve our range of products and services.

13.4. Before any Cookies are placed on your computer, you will be presented with a message bar requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling HeartVoice to provide the best possible experience and service to you. 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.

13.5. Certain features of the Website depend upon Cookies to function.

13.6. You can choose to enable or disable Cookies in your Internet browser. Most Internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. By default, most Internet browsers accept Cookies, but this can be changed. For further details, please consult the help menu in your Internet browser. You may delete all cookies from your browser.

13.7. You can choose to delete Cookies at any time however you may lose any information that enables you to access the Website more quickly and efficiently including, but not limited to, personalization settings.

13.8. It is recommended that you ensure that your Internet browser is up-to-date and that you consult the help and guidance provided by the developer of your Internet browser if you are unsure about adjusting your privacy settings.

14.      HEARTVOICE REWARDS PROGRAMME

14.1. HeartVoice Users earn rewards through completing tasks and/or activities in HeartVoice.

14.2. Rewards can be in the form of, and are 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). Please note that coupon redemption is only for selected coupons that are reflected under the “Rewards” Section of the “Market” Tab on the HeartVoice mobile application. If you are unsure, please write in or speak to our helpdesk team for assistance.

14.3. HeartVoice Users may buy more tickets using Healthpoints.

14.4. Rewards are not transferrable or exchangeable for cash or cheque.

14.5. 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 Apps and Websites, provided that your HeartVoice Account can only hold, in aggregate, a maximum Tickets amount of 1,661 tickets per account and a maximum Healthpoints amount of 30,807 Healthpoints per account (or such other tickets and Healthpoints as HeartVoice may determine in its discretion from time to time) at any point in time.

14.6. To participate in HeartVoice Rewards Programme, you must be aged 17 or older.

14.7. For coupons that are obtained through a purchase of one of our Health Programme packages, please refer to https://www.ourheartvoice.com/back-on-track-terms-and-conditions/ for the terms and conditions.

15.     REWARDS ARE NOT TRANSFERRABLE AND NON-REFUNDABLE.

15.1. 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 15.1, no refunds or cash / cheque withdrawals may be made from your HeartVoice Account:

15.1.1. You may at any time submit a request to HeartVoice through the HeartVoice email at [email protected] 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 of your termination, no refund of rewards and coupons to you.

15.1.2. Any case for refund for rewards will be assessed individually by HeartVoice.

15.1.3. For avoidance of doubt, HeartVoice will not entertain any request for any refund of Rewards and/or Coupons.

15.1.4. Where you have outstanding payments owing to any HeartVoice Affiliate, HeartVoice shall be entitled to first set- off the outstanding payments due to such HeartVoice Affiliate against the Unused Balance for the time being.

15.2. Notwithstanding any provision in these Terms, HeartVoice shall be entitled to, at any time and without notice to you:

15.2.1. 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;

15.2.2. 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

15.2.3. 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.

15.2.4. Change of rewards criteria, amount per task and list of tasks required to earn rewards

16.   HEARTVOICE COUPONS

16.1. Coupons available in HeartVoice system are issued or co-issued by HeartVoice and/or HeartVoice merchants.

16.2. Each coupon is subjected to its terms and conditions provided by the issuer.

16.3. Redemption of coupons can be done using rewards such as Healthpoints in the HeartVoice Apps and Websites.

16.4. Coupons can be presented to be used at issuer’s online or offline stores.

16.5. Coupons can be in the format of discount coupon codes, QR code, barcode, or all three formats, or simply a web URL link.

16.6. Anonymised information of HeartVoice Users may be shared with HeartVoice merchants who issue the coupon, upon coupon redemption.

16.7. Coupons are not transferrable and non-refundable and cannot be exchanged for cash in part or in full.

16.8. HeartVoice reserves the right to change the coupons’ availability and redemption cost per corporation and at any point of time.

17. HEARTVOICE SPIN THE WHEEL PROGRAMME

17.1. Users can use their tickets available to have a chance to spin the wheel in HeartVoice Apps and Websites.

17.2. The prizes available for Users to win are subjected to availability, while stock lasts, in the HeartVoice system.

17.3. HeartVoice reserves the right to change the prizes’ availability and chances per corporation and at any point of time.

17.4. HeartVoice Spin the Wheel Programme is an independent programme conducted by HeartVoice and/or co-issued by HeartVoice merchants and has not been authorised and/or sponsored by Apple Inc.

17.5. To participate, you must be aged 17 or older.

DATA PROTECTION AND PRIVACY: HOW WE COLLECT, STORE AND USE YOUR DATA AND YOUR ELECTRONIC HEALTH RECORD 

18. HEARTVOICE’S POLICIES ON DATA PROTECTION AND PRIVACY

18.1. How we collect, store and use your data and your Electronic Health Record are contained in our Privacy Policy.

TERMS OF SERVICE 

19. PRODUCTS AND SERVICES, PRICING AND AVAILABILITY 

19.1. HeartVoice makes all reasonable efforts to ensure that all general descriptions of the Products and Services correspond to the actual Products and Services that will be provided to you, however please note that the exact nature may vary depending upon your individual requirements and circumstances.

19.2. HeartVoice neither represents nor warrants that all Products and Services will be always available and cannot necessarily confirm availability until your Order is completed. Availability indications are not provided on Our Apps and Websites.

19.3. HeartVoice makes all reasonable efforts to ensure that all prices shown on Our Apps and Websites are correct at the time of going online. HeartVoice reserves the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Changes in price will not affect any Order that you have already placed (please note sub-Clause 19.4.3 regarding GST).

19.4. HeartVoice checks all prices when HeartVoice processes your Order. In the unlikely event that HeartVoice has shown incorrect pricing information, please note the following:

19.4.1. HeartVoice will contact you in writing or by telephone to inform you of the mistake and to ask you how you wish to proceed. HeartVoice will give you the option to purchase the Products and Services at the correct price or to cancel your Order (or the affected part thereof). HeartVoice will not proceed with processing your Order until you respond. If HeartVoice does not receive a response from you within 1 day, HeartVoice will treat your Order as cancelled and notify you of the same in writing;

19.4.2. if the price of Products and Services you have ordered changes between your Order being placed and HeartVoice processing that Order and taking payment, you will be charged the price shown on Our Apps and Websites at the time of placing your Order; and

19.4.3. all prices on Our Apps and Websites include GST where applicable. If the GST rate changes between your order being placed and HeartVoice taking payment, the amount of GST payable will be automatically adjusted when taking payment.

19.5. Subscriptions in our Apps and Websites are calculated annually or monthly and payable in advance.

19.6. You acknowledge that subscriptions will automatically be renewed upon the end of the agreed term, unless you provide an email or written request to cancel the subscription prior to the end of the relevant subscription period. Please contact: [email protected]

20. ORDERS – HOW CONTRACTS ARE FORMED 

20.1. Our Apps and Websites will guide you through the ordering process. Before submitting your Order to HeartVoice, you will be either requested to confirm it by accepting Our Terms and Conditions (and possibly Privacy Policy) or given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.

20.2. No part of Our Apps and Websites constitutes a contractual offer capable of acceptance. Your HeartVoice Order constitutes a contractual offer that HeartVoice may, at Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that HeartVoice has accepted it. Our acceptance is indicated by an order confirmation that will appear on Our mobile application. A telephone order confirmation is a legally binding contract. In the case of an email; only when HeartVoice has sent you an Order Confirmation will there be a legally binding contract between HeartVoice and you (“the Contract”).

20.3. Order Confirmations shall contain the following information:

20.3.1. Confirmation of the Products and Services ordered including full details of the main characteristics of those Products and Services;

20.3.2. Fully itemized pricing for the Products and Services ordered including, where appropriate, taxes and other additional charges;

20.4. If you change your mind, you may cancel your Order or the Contract before or after HeartVoice begin providing the Products and Services subject to these Terms and Conditions. For details of your cancellation rights, please refer to Clauses below.

20.5. HeartVoice may cancel your Order at any time before HeartVoice begin providing the Products and Services in the following circumstances;

20.6. The required personnel and/or required materials necessary for the provision of the Products and Services are not available; or

20.7 An event outside of Our control (please refer to Clause 25 below for events outside of Our control).

If HeartVoice cancels your Order and HeartVoice has taken payment any such sums will be refunded to you as soon as possible and in any event within 60 days. If HeartVoice cancels your Order, you will be informed by email or text as appropriate.

21. PROVISION OF THE PRODUCTS AND SERVICES 

21.1. HeartVoice will begin providing the Products and Services on the date agreed when you make your Order (which HeartVoice shall confirm in the Order Confirmation), save for the teleconsultation service which you shall arrange separately with the Healthcare Provider.

21.2. HeartVoice will make every reasonable effort to provide the Products and Services in a timely manner. HeartVoice cannot be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 24, for events, outside of Our control.

21.3. If HeartVoice requires any information or action from you to provide the Products and Services, HeartVoice will inform you as soon as is reasonably possible. Depending upon the nature of the Products and Services you have ordered, HeartVoice may require prior information or action such as confirmation of the details or your preferred pharmacy, primary GP and Personal Health Information.

21.4. If the information you provide or the action you take under Clause 21, is delayed, incomplete or otherwise incorrect, HeartVoice will not be responsible for any delay caused.

21.5. In certain circumstances, for example where there is a delay in you providing HeartVoice information or taking-action required under Clause 21, HeartVoice may suspend the Products and Services (and will inform you of that suspension by SMS, Our mobile chat interface, whatsapp ,email, phone call or other methods of communication ).

21.6. In certain circumstances, for example where HeartVoice encounters a technical problem, HeartVoice may need to suspend or otherwise interrupt the Products and Services to resolve the issue. Unless the issue is an emergency that requires immediate action HeartVoice will inform you in advance by email before suspending or interrupting the Products and Services.

21.7. If the Products and Services are suspended or interrupted under Clauses 21, you will not be required to pay for them during the period of suspension if you access those Products and Services. You must, however, pay any sums that may already be due by the appropriate due date(s).

21.8. If you do not pay HeartVoice for the Products and Services as required by Clause 21, HeartVoice may suspend the Products and Services until you have paid all outstanding sums due. If this happens, we will inform you by SMS, Our mobile chat interface, whatsapp, email, phone call or other methods of communication. An administrative fee of Singapore Dollars 50.00 may be added.

22. CANCELLATION

22.1 If you wish to cancel under this Clause 22, you must inform HeartVoice of your decision to do so. You may do so by emailing us [email protected] 

22.2. HeartVoice may ask you the reason for cancellation and may use any answers you provide to improve Our Services in the future, however please note that you are under no obligation to provide any detail if you do not wish to.

22.3. You may be entitled to cancel immediately by giving HeartVoice written notice in the following circumstances:

22.3.1. HeartVoice goes into liquidation or have a receiver or administrator appointed over Our assets;

22.3.2. HeartVoice are adversely affected by an event outside of Our control that continues for more than 30 calendar days.

22.4. Eligibility for refunds may vary per the Products and Services ordered. Subject to the approval from HeartVoice. you will be required to pay for Products and Services supplied up until the point at which you inform HeartVoice that you wish to cancel (please note that this may include charges in full for any work and services that HeartVoice have undertaken or already provided where HeartVoice have reasonably incurred costs. Such sums will be deducted from any refund due to you or, if no refund is due, HeartVoice will invoice you for the relevant sums. Details of the relevant terms will be provided at the time of cancellation. For the avoidance of doubt, in the event the Products and Services ordered and/or purchased involving Third Parties either by way of partnership and/or joint promotion with HeartVoice, you are not allowed to cancel any part of the Products and Services either in part or in full and the purchase are not transferrable and non-refundable and cannot be exchanged for cash in part or in full.

22.5. Refunds approved by HeartVoice under Clause 22 will be issued to you within 60 (sixty) calendar days’ after the date on which you inform HeartVoice that you wish to cancel. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that HeartVoice make a refund using a different method.

22.6. For cancellations before we begin providing the Products and Services, please refer to Clause 20.

22.7. HeartVoice may cancel the Products and Services after HeartVoice have begun providing them due to an Event outside of Our control that continues for more than 30 (thirty) calendar days’, or due to the non-availability of required personnel and/or required materials necessary for the provision of the Products and Services. In such cases, you will only be required to pay for Products and Services that HeartVoice have already provided up until the point at which HeartVoice inform you that HeartVoice are cancelling the contract. Such sums will be deducted from any refund due to you or, if no refund is due, HeartVoice will invoice you for the relevant sums or no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.

22.8. Once HeartVoice has begun providing the Products and Services, HeartVoice may cancel the Contract at any time and will give you at least 30 calendar days’ written notice of such cancellation. You will only be required to pay for Products and Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, HeartVoice will invoice you for the relevant sums.

22.9. Refunds due under this Clause 22 will be issued to you no later than 60 (sixty) calendar days’ after the day on which HeartVoice inform you of the cancellation. Refunds will be made using the same payment method you used when ordering the Products and Services unless you specifically request that HeartVoice make a refund using a different method.

22.10. HeartVoice may cancel immediately by giving you written notice in the following circumstances:

22.10.1. You fail to make a payment by the due date as set out in Clause 23. This does not affect Our right to charge you interest on any; or

22.10.2. You breach the contract in a material way and fail to remedy the breach within 7 calendar days’ of HeartVoice asking you to do so in writing.

23. PROBLEMS WITH THE PRODUCTS AND SERVICES 

23.1. HeartVoice always uses reasonable endeavour to ensure that Our Products and Services are trouble-free. If, however, there is a problem with the Products and Services please contact HeartVoice as soon as is reasonable possible via Our contact details.

23.2. HeartVoice will use reasonable endeavor to remedy problems with the Products and Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, HeartVoice will use reasonable endeavor to remedy problems within 24 hours.

23.3. HeartVoice will not charge you for remedying problems under this Clause 23 where the problems have been caused HeartVoice, or any of Our agents or sub-contractors, or where nobody is at fault. If HeartVoice determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, HeartVoice may charge you for the remedial work.

.

24. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE) 

24.1. HeartVoice will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any event that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.

24.2. If any event described under this Clause 24, occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

24.2.1. HeartVoice will inform you as soon as is reasonably possible;

24.2.2. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that HeartVoice are bound by will be extended accordingly;

24.2.3. HeartVoice will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products and Services as necessary;

24.2.4. the event outside of Our control continues for more than 30 calendar days’ HeartVoice may cancel the Contract and inform you of the cancellation. Any refunds due to you because of that cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days’ after the date on which HeartVoice inform you of the cancellation; and

24.2.5. If an event outside of Our control occurs and continues for more than 30 calendar days’ and you wish to cancel the Contract thus, you may do so. Any refunds due to you because of cancellation will be paid to you as soon as is reasonably possible and, in any event, no later than 14 calendar days’ after the date on which you inform HeartVoice that you wish to cancel.

GENERAL PROVISIONS.

25. OTHER IMPORTANT TERMS 

 25.1. Cross-Border Data Transfers. We may process your data outside the Singapore . Where we do we rely on legally-provided mechanisms to lawfully transfer data across borders and to process your data.

25.2. We do not store any credit or debit card information on Our servers. Payments are processed via a third-party payment provider that is fully compliant with data security standards. Any payment transactions are encrypted using proprietary or recognised third party technology.

25.3. HeartVoice Limited may transfer or assign Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business). If this occurs, HeartVoice will inform you in writing. Your HeartVoice rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

25.4. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

25.5. The Contract is between you and HeartVoice Pte Limited. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

25.6. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The rest of these Terms and Conditions shall be valid and enforceable.

25.7. No failure or delay by HeartVoice in exercising any of Our rights under these Terms and Conditions means that HeartVoice has waived that right, and no waiver by HeartVoice of a breach of any provision of these Terms and Conditions means that HeartVoice will waive any subsequent breach of the same or any other provision.

26. COMMUNICATIONS FROM HEARTVOICE 

26.1. If HeartVoice has your contact details, HeartVoice may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Policies.

26.2. HeartVoice will never send you marketing emails of any kind without your consent. If you do give such consent, you may opt out at any time. All marketing emails sent by HeartVoice include an unsubscribe link. If you opt out of receiving emails from HeartVoice at any time, it may take up to 7 business days for your new preferences to take effect. Please contact: [email protected] 

26.3. For questions or complaints about communications from HeartVoice (including, but not limited to marketing emails), please contact HeartVoice by email: [email protected]

27. COMMUNICATION AND CONTACT DETAILS 

27.1. If you wish to contact HeartVoice with general questions or complaints, you may contact HeartVoice at [email protected]

28. LAW AND JURISDICTION AND DISPUTE RESOLUTION

28.1. These Terms and Conditions, and the relationship between you and HeartVoice (whether contractual or otherwise) and HeartVoice Pte Limited shall be governed by and construed in accordance with the Law of Singapore.

a. Any dispute arising out of or in connection with this agreement must be submitted for mediation at the Singapore Mediation Centre (SMC) in accordance with SMC’s Mediation Procedure in force for the time being. Either party may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within 45 days thereof. Every party to the mediation must be represented by senior executive personnel, of at least the seniority of a Head of Department or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the parties, the Mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the parties agree to be bound by any settlement agreement reached.

b. If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the mediation within 90 days of the commencement of the mediation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and determined by arbitration in accordance with the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated in reference to this clause.

c. The Seat of the Arbitration shall be Singapore

d. The tribunal shall consist of 1 arbitrator/

e. The language of the arbitration shall be English.

29. CHANGES 

29.1. HeartVoice will attempt to keep the information and the resources contained on or accessible through its Apps and Websites timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation, about its accuracy, relevance, timeliness, completeness, or appropriateness for a purpose.

29.2. HeartVoice may change or modify the information, services and any other resources contained on or accessible through its Apps and Websites, or discontinue its Apps and Websites altogether, at any time without notice.

29.3. HeartVoice reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the App and Website and you will be notified on the website that the policy has been altered. You will be required to confirm that you accept the changes to the Policy prior to using certain services.

29.4. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

30. MARKETING MATERIAL AND YOUR RIGHTS TO OPT-OUT

30.1. If you no longer wish to receive informational or promotional material from us by alerts, texts and similar messages, email and post please contact our data protection officer at [email protected]

31. CONTACT 

31.1.  We want to improve our products and services through your feedback. If you have any enquiries, questions, comments or even complaints please feel free to contact us at [email protected] 

31.2. Should you have any feedback, enquiries or complaints relating to your personal data or if you wish to stop receiving promotional or marketing messages please contact us at [email protected]

32. COMPLAINTS AND FEEDBACK 

32.1. HeartVoice always welcome feedback from Our Users and, whilst HeartVoice always use all reasonable endeavor to ensure that your experience is a positive one. HeartVoice nevertheless wants to hear from you if you have any cause for complaint: contact us at [email protected] 

32.2. All complaints are handled in accordance with our complaints handling policy and procedure, available from us on request.

33. VERSION DATE 

33.1. These Terms and Conditions, and the relationship between you HeartVoice are dated 21.09.2020 and should be construed in conjunction with HeartVoice’s Privacy Policy.