Welcome to www.healthbeta.co, cloud.healthbeta.co and/or the BETA mobile and web applications. Health Beta Pte. Ltd. and/or its Affiliates (collectively, “BETA”) provide website features, application features for mobile, functions and services from time to time through the Platform (collectively, the “Services”).
By accessing and/or using the Platform and/or the Services, you agree, as users of the Platform and/or the Services (collectively the “Users”, and each a “User”), that you are bound by these Terms of Service. These Terms of Service shall constitute an agreement made between BETA and each User.
These Terms of Service govern the User’s access and use of the Platform and/or the Services. The following terms and conditions shall also apply depending on the User’s access to the Platform and/or use of the Services:
a) display, store and transmit of health data, including but not limited to, genetic data, blood glucose, blood cholesterol from blood test results, blood pressure, electrocardiograms (ECG), nutritional intakes from diet archives and physical activity level;
b) employment of A.I. analytics to generate prognoses based on the health data collected. These prognoses are intended to provide insights and support healthcare professionals in their decision-making processes;
c) BETA may engage third-party service providers to perform medical data analytics on data collected through the Platform. These third parties are contractually obligated to adhere to strict data privacy and security standards as outlined in the BETA Privacy Notice. The user hereby grants the consent to the use of third-party service providers for this purpose;
d) While the Platform itself is not intended to diagnose any medical condition, healthcare professionals may use the data and reports generated by the Platform as part of their diagnostic process.
e) BETA reserves the right, at any time and without prior notice, to modify, alter or update these Terms of Service. The latest version of these Terms of Service shall be published on the Platform, and the User shall be deemed to have agreed to the changes or revisions to these Terms of Service upon having accessed and/or used the Platform and/or the Services after the latest version of these Terms of Service has been published.
DISCLAIMERS
a) THE BETA’S SERVICES IS NOT INTENDED TO DIAGNOSE ANY CHRONIC DISEASE CONDITION NOR ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS OR ABNORMAL CHRONIC DISEASE CONDITIONS.
b) UNLESS OTHERWISE EXPLICITLY SPECIFIED, BETA DOES NOT REVIEW, MONITOR, EVALUATE OR ANALYZE ANY INFORMATION GENERATED FROM THE SERVICES.
c) THE USER ACKNOWLEDGES AND AGREES THAT THE PROGNOSES GENERATED BY THE A.I. ANALYTICS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BETA BEARS NO LIABILITY FOR ANY DECISIONS MADE BASED ON THESE PROGNOSES.
d) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, BETA MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE AVAILABILITY OR ACCURACY OF INFORMATION TRANSMITTED BY THE SERVICES.
e) THE USER ACKNOWLEDGES AND AGREES THAT ANY DIAGNOSIS MADE USING THE DATA OR REPORTS FROM THE PLATFORM IS THE RESPONSIBILITY OF THE HEALTHCARE PROFESSIONAL AND NOT BETA. BETA BEARS NO LIABILITY FOR THE DIAGNOSTIC DECISIONS OR OUTCOMES RESULTING FROM THE USE OF DATA OR REPORTS GENERATED BY THE PLATFORM.
f) BETA DOES NOT WARRANT THAT THE SERVICES, THE PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
g) THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BETA OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
h) BETA SHALL NOT BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE USE OF THE SERVICE AND/OR PLATFORM.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions shall have the meanings set out against them:-
“Affiliates” means with respect to any specified person, any other person who, directly or indirectly, controls, is controlled by, or is under common control with such person, including without limitation any general partner, managing member, officer, director or trustee of such person, or any company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or investment adviser with, such person.
“A.I.” means artificial intelligence.
“BETA” means Health BETA Pte. Ltd., a legal entity incorporated in Singapore (Company Registration Number: 201328516M) and/or its Affiliates.
“Connected Sites” means links to other websites, systems or content on the Internet owned or operated by third parties that may be inter-operable with the Platform, or provided via the Services.
“Information” means, collectively, all web pages on the Platform, including the data, information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
“Intellectual Property Rights” means all rights to copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Personal Data” shall have the meaning ascribed to it in the Privacy Policy.
“Platform” means (a) both the web and mobile versions of the website operated and/or owned by BETA which is presently located at the following URL: www.healthbeta.co and cloud.healthbeta.co; and (b) the mobile applications made available from time to time by BETA, including the iOS and Android versions.
“Privacy Policy” means the privacy policy of BETA, as published on the Platform at, http://healthbeta.co/privacy
“Services” means the A.I. analytics, medical records analysis and reporting, website features, application features for mobile, functions and services provided from time to time through the Platform.
“Submissions” means the materials and/or information that the User has submitted to the Platform and/or to BETA directly, including but not limited to health data, questions, reviews, comments and submissions.
“Third-Party Systems” means systems (including hospital information system, laboratory information system, electronic medical record system, messaging systems), services, content, materials, products, applications, or programs of any third party.
“Trademarks” means the trademarks, service marks, trade names and logos uses and displayed on the Platform.
“Users” means the users of the Platform and/or the Services, each a “User”.
1.2 The headings used in these Terms of Service are for convenient reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms of Service.
2. USE OF THE PLATFORM AND THE SERVICES
2.1 Compliance: The User’s use of the Platform is conditional on the User’s compliance with these Terms of Service.
2.2 This User’s Representations: The User hereby represents, warrants and confirms that:
a) the User is of legal age and has the legal capacity to enter into and form contracts under any applicable law.
b) if the User is using the Platform on behalf of any entity, that the User is authorized to accept these Terms of Service on behalf of the said entity and that such entity will be responsible to BETA for any violation of these Terms of Service, and such entity shall be deemed as a User who has accepted these Terms of Service;
c) the information provided by the User to BETA is true, accurate, current and complete;
d) the User will maintain and update the information provided to BETA to keep it true, accurate, current, and complete;
e) information and content provided by the User belongs to the User or the User has all rights necessary for the use of such information and content, and does not infringe or violate any patents, copyrights, trademarks or other proprietary or privacy rights (including Intellectual Property Rights) of any third party; and
f) the User owns or has obtained the right to all of the Intellectual Property Rights subsisting in the information that the User has provided, and the User has the right to provide BETA the license granted herein to such information (if applicable); and
(i) a representation by BETA that it has performed due diligence on any one of the Users; or
(ii) a representation by BETA that any information provided by any of the Users is complete, accurate, clear, fair and not misleading.
2.3 User’s acknowledgment: The User acknowledges that:
(a) the Platform may only be used for lawful purposes and that the User failure to do so may subject the User to civil and criminal liability under any applicable law;
(b) whilst BETA shall utilise reasonable efforts to provide the Services to the User, the User shall be responsible for taking all actions that will be required on their end to gain access to the Services and/or the Platform, including but not limited to having reasonable internet access;
(c) the use or reliance on any information on the Platform is at the User own risk and BETA shall not be liable for any losses arising from or incurred by the User in connection therewith – BETA shall not be responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any decision made by the User after receipt of such information;
(d) the User is solely responsible for use of the Platform and will be solely liable for all consequences arising therefrom; and
(e) save as expressly stated in these Terms of Service, BETA does not undertake a review of the content data, information and/or materials that are published, posted, transmitted, transferred, distributed or uploaded on any content data, information and/or materials on the Platform, and BETA cannot ensure the prompt removal of content data, information and/or materials that are on the Platform from time to time.
2.4 User’s information: All information, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such information originated. This means that the User, and not BETA, are entirely responsible for all information that the User uploads, posts, emails, transmits or otherwise make available through the Platform. The User understands that by using the Platform, the User may be exposed to information that the User may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will BETA be liable in any way for any information, including, but not limited to, any mis-diagnosis, errors or omissions in any Information, or any loss or damage of any kind incurred as a result of the use of, or reliance on, health data and any Information posted, emailed, transmitted or otherwise made available on the Platform.
2.5 User’s undertakings: The User hereby undertakes that the User will not (and will not permit any third party to):
(a) impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;
(b) interfere with another User’s utilisation and enjoyment of the Platform or Services;
(c) use the Platform to defame, harass, discriminate or threaten another person/company or in any other way violate rights;
(d) distribute or reproduce all or any part of the Platform and/or the Services;
(e) alter, disassemble, decompile or reverse engineer any part of Platform and/or the Services, unless explicitly permitted by mandatory law;
(f) create a database by systematically downloading and storing any content on the Platform;
(g) use software that reads and/or collect data on the Platform and/or in respect of the Services automatically;
(h) use software to facilitate automated means of accessing the Platform;
(i) use the Platform and/or the Services to request or encourage other users to breach any provision of these Terms of Service, and/or any other terms and conditions pertaining to the Platform and the Services;
(j) manipulate the price of any item or interfere with other User’s listings; open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) take any action that may undermine the feedback or ratings systems;
(l) harvest or collect any information about or regarding other Users, including without limitation, any Personal Data;
(m) use the Services to violate the privacy of others or to stalk or otherwise harass another User;
(n) acting in a manner that negatively affects other Users’ ability to engage in real time exchanges on the Platform;
(o) abuse the Platform and/or the Services;
(p) use the Platform and/or the Services for any unlawful or unauthorized purpose or other than in conformance with the acceptable policies of any connected computer networks and any applicable Internet standards (which includes transmitting any viruses through the Platform, or using the Platform and/or the Services in a manner which violates or infringes the rights of anyone else);
(q) use any software or material or upload any materials which contains a virus or damaging component which may corrupt the Platform’s data or interfere with the operation of the Platform and/or the Services; or
(r) publish, post, transmit, transfer, distribute or upload any content data, information and/or materials on the Platform, be it through the User’s account or another User’s account, that:
(i) is or may be false, indecent, misleading, untruthful or inaccurate;
(ii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
(iii) promotes or encourages, or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements);
(iv) is or may be racially or ethnically or otherwise offensive; constitutes or may constitute agitation against a minority (such as a national or ethnic group);
(v) constitutes or may constitute defamation; contains or may contain pornography or is in any other way sexually explicit;
(vi) attacks or may attack sexual orientation or religion, or is or may be discriminating in any other way;
(vii) may not be lawfully disseminated under applicable laws;
(viii) the User knows or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Platform and/or the Services;
(ix) is or may in any way be harmful, abusive, offensive or illegal; or
(x) infringes the rights of BETA or any third party (including Intellectual Property Rights).
2.6 User’s compliance with laws: The User hereby undertakes to comply with all applicable laws, treaties, ordinances, codes and regulations in respect of its access and use of the Platform and/or the Services.
2.7 User’s cooperation with BETA: The User hereby undertakes to fully cooperate with BETA (including providing all requested information) to BETA to:
(a) facilitate the provision of the Services to the Users;
(b) enable BETA to comply with all applicable laws, regulations and other requirements; and
(c) enable BETA to comply with requests by any regulator and/or any requests made pursuant to these Terms of Service.
2.8 BETA’s reservation of rights: BETA reserves the right to, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services, and investigate any violation of these Terms of Services and may take any action BETA deems appropriate;
(b) immediately remove any information posted by the User that BETA, at its sole discretion, deems to be in breach of these Terms of Service and/or any other terms and conditions pertaining to the Platform and the Services, or would be harmful for BETA and/or the Users;
(c) terminate, suspend or limit the User’s access to the Platform and/or the Services for any reason, including breach(es) of these Terms of Services; or
(d) take the appropriate legal action against the User, including referral to law enforcement, in the event of breach(es) of these Terms of Services.
3. SECURITY AND ACCESSIBILITY OF THE PLATFORM
3.1 Accessibility of the Platform: There are situations when the Platform will be inaccessible, unavailable or disrupted, including:
(a) necessary maintenance;
(b) circumstances outside the control of BETA (i.e., external causes such as net access failure, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship); and
(c) modification, upgrading, suspension, discontinuation of the provision of or removal of the Platform (whether in whole or in part), from time to time,
in which BETA shall not be liable for any such inaccessibility, unavailability and/or disruption. BETA does not guarantee that any identified defects, errors and/or faults will be corrected immediately.
3.2 Security of the Platform: BETA shall use its reasonable efforts to ensure the security of any information transmitted by or to the User through the Platform. Save for risks that are within BETA’s reasonable control, the User accepts the risk that any information transmitted or received through the Platform may be accessed by unauthorised third parties and/or disclosed by BETA to third parties purporting to be the User or purporting to act under the User’s authority. The User acknowledges and agrees that transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet, and BETA shall not be held liable for any such circumstance.
4. BETA ACCOUNT
4.1 BETA Account: The Services and/or certain aspects of the Platform may only be available upon the User’s creation of an account with BETA. If the User requests to create an account on the Platform (“BETA Account”), the username and password may either be:
(a) determined and issued to the User by BETA; or
(b) provided by the User and accepted by BETA in its sole and absolute discretion in connection with the use of the Platform and/or the Services. BETA may at any time in our sole and absolute discretion, request that the User updates the User’s Personal Data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation. The User hereby agrees to change the User’s password from time to time and to keep the username and password confidential and shall be responsible for the security of the User’s account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. The User is to notify BETA immediately if the User has knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if the User’s Personal Data requires updating.
4.2 Use and/or access with BETA Account: The User agrees and acknowledges that any use of the Services and/or any access to the Platform and any information, data or communications referable to the User’s username and password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by the User; or
(b) information, data, or communications posted, transmitted and validly issued by the User.
4.3 Termination of the BETA Account: The User may terminate the User’s BETA Account if the User notify BETA in writing of the User’s desire to do so. Notwithstanding any such termination, the User remains responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), delivery of medical report, payment for the service, or the like, and Users must contact BETA after the User has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. BETA shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause 4.3. The Users waive any and all claims based on the actions taken in this Clause 4.3.
5. USER’S SUBMISSIONS
5.1 Non-exclusive licence: The User agrees and acknowledges that it is granting BETA with a non-exclusive licence to use materials and/or information that the User has submitted to the Platform and/or to BETA directly, including but not limited to images, questions, reviews and comments. BETA may, but shall not be obligated to publish, remove or edit the Submissions.
5.2 Use of the Submissions: The User consents to and authorises BETA’s use of the Submissions (including the User’s Personal Data) for the purposes of sending information and promotional e-mails to the User. The User’s agreement to this Clause 5.2 shall constitute the User’s consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere).
6. THIRD PARTY SITES
6.1 Connected Sites: The Platform may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties. Unless BETA expressly says otherwise, the User should assume that these Connected Sites are not under the control of BETA. BETA assumes no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing the Connected Sites, or any actions taken in reliance thereon, and BETA disclaims liability for any and all forms of loss or damage arising out of the use of the Connected Sites. Any link to the Connected Sites featured on the Platform does not constitute BETA’s endorsement, recommendation or verification of that Connected Site.
6.2 Third-Party Systems: Under no circumstances shall it be construed that, in case of the User’s access to and use of systems (including messaging systems), services, content, materials, products, applications or programs of any third party (“Third Party Systems”), BETA is a party to any transaction, if any, between the User and such third party or that BETA endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible on the Platform or through the Services. BETA shall not be liable in any way for the User’s access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and the User agrees that the same shall be the User responsibility or that of the relevant third party.
6.3 Responsibility for use of Third-Party Systems: The User acknowledges and agrees that the User will be solely responsible for any access to or use of Third-Party Systems through the Platform or the Services. If the User accesses or uses any Third-Party Systems through the Platform or the Services, the User must comply with the relevant terms and conditions for the access or the use of such Third-Party Systems and be responsible for the registration and use of any usernames, email addresses, phone numbers or passwords required to connect to any Third-Party Systems. In particular, should access to and use of Third-Party Systems through the Platform or the Services be prohibited (whether in full or in part) by such third-party terms and conditions, the User should discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Platform and the Information: The Intellectual Property Rights in and to the Platform and the Information are owned, licensed to or controlled by BETA, BETA’s licensors, or BETA’s service providers. By using the Services and/or accessing the Platform, the User agrees to comply with all applicable laws in relation to the Intellectual Property Rights in and to the Platform and the Information. BETA reserves the right to enforce its Intellectual Property Rights to the fullest extent of the law.
7.2 No reproduction: No part or parts of the Platform, or any Information may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without BETA’s prior written permission or that of the relevant copyright owners. Subject to Clause 7.3, permission will only be granted to download, print, or use the Information for personal and non-commercial uses, provided that the person requesting for such permission do not modify the Information and that BETA or the relevant copyright owners retain all copyright and other proprietary notices contained in the Information.
7.3 Trademarks: The Trademarks are registered and unregistered trademarks of BETA or third parties. Nothing on the Platform and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Platform, without BETA’s written permission or any other applicable trademark owner.
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 User’s association with BETA: Except where expressly stated otherwise, the Users are independent individuals or businesses and the Users are not associated with BETA in any way and BETA is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.
8.2 Indemnity: Without limitation to the indemnity at DISCLAIMERS, each and every User agrees to indemnify and hold BETA harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any Intellectual Property Rights infringement claim, complaint, or violation relating to any Information, and/or (b) any removal of such Information pursuant to or in relation to any Intellectual Property Right infringement claim, complaint, or violation.
9. EXCLUSIONS AND LIMITATION OF LIABILITY
9.1 Access to the Platform and/or use of the Services: The User acknowledges that the entire risk arising out of the access of the Platform or use of the Services remains with the. BETA shall in no event be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of Platform, or other content linked to the Platform, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not BETA has been advised of the possibility of such loss or damages.
9.2 Servicing, repair or correction: If the User’s access and/or use of the materials, Information or the Services results in the need for servicing, repair or correction of equipment or data, the User shall assume all costs thereof. For the avoidance of doubt, the User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Platform. BETA will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information. The foregoing shall not apply in the case of fraud, gross negligence or wilful misconduct by BETA.
10. GENERAL
10.1 Term and Termination
(a) BETA may suspend or limit User’s access to the Platform, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Terms of Service or any additional instructions, guidelines or policies issued by BETA.
(b) User may cancel its registration at any time in accordance with the procedures provided.
(c) BETA may terminate User’s registration, including its right to access and use the Platform, in whole or in part, as follows: (i) in order to comply with applicable Law or instructions from any governmental agency or authority; (ii) if BETA, in its sole discretion, suspects that User is using the Platform in a manner not permitted by these Terms of Service; or (iii) upon any breach of these Terms of Service by User.
(d) Upon the expiration or earlier termination of User’s registration or rights to use the Platform, for any reason (i) User will no longer be authorized to access or use the Platform or otherwise use any of the features or Service offered by or through the Platform; (ii) BETA may delete any data associated with the User or User’s account; and (iii) all rights and obligations under these Terms of Service shall expire unless explicitly expressed.
10.2 Electronic communications
(a) The User hereby consents to receiving communications from BETA electronically, and BETA shall communicate with the User by e-mail or by posting notices on the Platform.
(b) The User hereby agrees and confirms that all agreements, notices, disclosures and other communications that BETA provides to the User electronically shall satisfy any legal requirement that such communications be in writing.
(c) Unless otherwise informed by the User, BETA shall communicate with any person who is, or appears to be from the office or institution by which BETA was initially contacted, unless the User specifically requests otherwise.
10.3 Assignment and Transfers
User may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of BETA, which may be withheld at BETA's sole discretion. Any attempted assignment by User that does not comply with the terms of this Section 10.3 shall be null and void. BETA may assign these Terms of Service, in whole or in part, to any third party in its sole discretion.
10.4 Severability
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be rendered void, illegal or unenforceable to that extent and no further.
10.5 Entire Agreement
This Terms of Service and any additional instructions, guidelines or policies issued by BETA constitute the entire agreement for the use of the Platform. All prior agreements, letters, proposals, discussions and other documents regarding the Platform and the matters herein are superseded and merged into this Terms of Service.
10.6 Force Majeure
BETA will be excused from performance under this Terms of Service for any period that it is prevented from or delayed in performing any obligations pursuant as a result of an event or series of events caused by or resulting from any of the following:
(a) weather conditions or other elements of nature or acts of God;
(b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion;
(c) quarantines or embargoes,
(d) labor strikes;
(e) telecommunications, network, computer, server or Internet downtime;
(f) unauthorized access to BETA's information technology systems by third parties; or
(g) other causes beyond the reasonable control of BETA.
10.7 Jurisdiction and Governing Law
The User agrees that these Terms of Service shall be governed by, and construed in accordance with the laws of Singapore, and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.
Welcome to www.healthbeta.co, cloud.healthbeta.co and/or the BETA mobile and web applications. Health Beta Pte. Ltd. and/or its Affiliates (collectively, “BETA”) provide website features, application features for mobile, functions and services from time to time through the Platform (collectively, the “Services”).
By accessing and/or using the Platform and/or the Services, you agree, as users of the Platform and/or the Services (collectively the “Users”, and each a “User”), that you are bound by these Terms of Service. These Terms of Service shall constitute an agreement made between BETA and each User.
These Terms of Service govern the User’s access and use of the Platform and/or the Services. The following terms and conditions shall also apply depending on the User’s access to the Platform and/or use of the Services:
a) display, store and transmit of health data, including but not limited to, genetic data, blood glucose, blood cholesterol from blood test results, blood pressure, electrocardiograms (ECG), nutritional intakes from diet archives and physical activity level;
b) employment of A.I. analytics to generate prognoses based on the health data collected. These prognoses are intended to provide insights and support healthcare professionals in their decision-making processes;
c) BETA may engage third-party service providers to perform medical data analytics on data collected through the Platform. These third parties are contractually obligated to adhere to strict data privacy and security standards as outlined in the BETA Privacy Notice. The user hereby grants the consent to the use of third-party service providers for this purpose;
d) While the Platform itself is not intended to diagnose any medical condition, healthcare professionals may use the data and reports generated by the Platform as part of their diagnostic process.
e) BETA reserves the right, at any time and without prior notice, to modify, alter or update these Terms of Service. The latest version of these Terms of Service shall be published on the Platform, and the User shall be deemed to have agreed to the changes or revisions to these Terms of Service upon having accessed and/or used the Platform and/or the Services after the latest version of these Terms of Service has been published.
DISCLAIMERS
a) THE BETA’S SERVICES IS NOT INTENDED TO DIAGNOSE ANY CHRONIC DISEASE CONDITION NOR ALERT HEALTHCARE PROFESSIONALS OR PATIENTS TO POTENTIALLY SERIOUS OR ABNORMAL CHRONIC DISEASE CONDITIONS.
b) UNLESS OTHERWISE EXPLICITLY SPECIFIED, BETA DOES NOT REVIEW, MONITOR, EVALUATE OR ANALYZE ANY INFORMATION GENERATED FROM THE SERVICES.
c) THE USER ACKNOWLEDGES AND AGREES THAT THE PROGNOSES GENERATED BY THE A.I. ANALYTICS ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BETA BEARS NO LIABILITY FOR ANY DECISIONS MADE BASED ON THESE PROGNOSES.
d) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, BETA MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING THE AVAILABILITY OR ACCURACY OF INFORMATION TRANSMITTED BY THE SERVICES.
e) THE USER ACKNOWLEDGES AND AGREES THAT ANY DIAGNOSIS MADE USING THE DATA OR REPORTS FROM THE PLATFORM IS THE RESPONSIBILITY OF THE HEALTHCARE PROFESSIONAL AND NOT BETA. BETA BEARS NO LIABILITY FOR THE DIAGNOSTIC DECISIONS OR OUTCOMES RESULTING FROM THE USE OF DATA OR REPORTS GENERATED BY THE PLATFORM.
f) BETA DOES NOT WARRANT THAT THE SERVICES, THE PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
g) THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BETA OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.
h) BETA SHALL NOT BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM THE USE OF THE SERVICE AND/OR PLATFORM.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Terms of Service, unless the context otherwise requires, the following expressions shall have the meanings set out against them:-
“Affiliates” means with respect to any specified person, any other person who, directly or indirectly, controls, is controlled by, or is under common control with such person, including without limitation any general partner, managing member, officer, director or trustee of such person, or any company now or hereafter existing that is controlled by one or more general partners, managing members or investment adviser of, or shares the same management company or investment adviser with, such person.
“A.I.” means artificial intelligence.
“BETA” means Health BETA Pte. Ltd., a legal entity incorporated in Singapore (Company Registration Number: 201328516M) and/or its Affiliates.
“Connected Sites” means links to other websites, systems or content on the Internet owned or operated by third parties that may be inter-operable with the Platform, or provided via the Services.
“Information” means, collectively, all web pages on the Platform, including the data, information, images, links, sounds, graphics, video, software, applications, and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
“Intellectual Property Rights” means all rights to copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“Personal Data” shall have the meaning ascribed to it in the Privacy Policy.
“Platform” means (a) both the web and mobile versions of the website operated and/or owned by BETA which is presently located at the following URL: www.healthbeta.co and cloud.healthbeta.co; and (b) the mobile applications made available from time to time by BETA, including the iOS and Android versions.
“Privacy Policy” means the privacy policy of BETA, as published on the Platform at, http://healthbeta.co/privacy
“Services” means the A.I. analytics, medical records analysis and reporting, website features, application features for mobile, functions and services provided from time to time through the Platform.
“Submissions” means the materials and/or information that the User has submitted to the Platform and/or to BETA directly, including but not limited to health data, questions, reviews, comments and submissions.
“Third-Party Systems” means systems (including hospital information system, laboratory information system, electronic medical record system, messaging systems), services, content, materials, products, applications, or programs of any third party.
“Trademarks” means the trademarks, service marks, trade names and logos uses and displayed on the Platform.
“Users” means the users of the Platform and/or the Services, each a “User”.
1.2 The headings used in these Terms of Service are for convenient reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms of Service.
2. USE OF THE PLATFORM AND THE SERVICES
2.1 Compliance: The User’s use of the Platform is conditional on the User’s compliance with these Terms of Service.
2.2 This User’s Representations: The User hereby represents, warrants and confirms that:
a) the User is of legal age and has the legal capacity to enter into and form contracts under any applicable law.
b) if the User is using the Platform on behalf of any entity, that the User is authorized to accept these Terms of Service on behalf of the said entity and that such entity will be responsible to BETA for any violation of these Terms of Service, and such entity shall be deemed as a User who has accepted these Terms of Service;
c) the information provided by the User to BETA is true, accurate, current and complete;
d) the User will maintain and update the information provided to BETA to keep it true, accurate, current, and complete;
e) information and content provided by the User belongs to the User or the User has all rights necessary for the use of such information and content, and does not infringe or violate any patents, copyrights, trademarks or other proprietary or privacy rights (including Intellectual Property Rights) of any third party; and
f) the User owns or has obtained the right to all of the Intellectual Property Rights subsisting in the information that the User has provided, and the User has the right to provide BETA the license granted herein to such information (if applicable); and
(i) a representation by BETA that it has performed due diligence on any one of the Users; or
(ii) a representation by BETA that any information provided by any of the Users is complete, accurate, clear, fair and not misleading.
2.3 User’s acknowledgment: The User acknowledges that:
(a) the Platform may only be used for lawful purposes and that the User failure to do so may subject the User to civil and criminal liability under any applicable law;
(b) whilst BETA shall utilise reasonable efforts to provide the Services to the User, the User shall be responsible for taking all actions that will be required on their end to gain access to the Services and/or the Platform, including but not limited to having reasonable internet access;
(c) the use or reliance on any information on the Platform is at the User own risk and BETA shall not be liable for any losses arising from or incurred by the User in connection therewith – BETA shall not be responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any decision made by the User after receipt of such information;
(d) the User is solely responsible for use of the Platform and will be solely liable for all consequences arising therefrom; and
(e) save as expressly stated in these Terms of Service, BETA does not undertake a review of the content data, information and/or materials that are published, posted, transmitted, transferred, distributed or uploaded on any content data, information and/or materials on the Platform, and BETA cannot ensure the prompt removal of content data, information and/or materials that are on the Platform from time to time.
2.4 User’s information: All information, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such information originated. This means that the User, and not BETA, are entirely responsible for all information that the User uploads, posts, emails, transmits or otherwise make available through the Platform. The User understands that by using the Platform, the User may be exposed to information that the User may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will BETA be liable in any way for any information, including, but not limited to, any mis-diagnosis, errors or omissions in any Information, or any loss or damage of any kind incurred as a result of the use of, or reliance on, health data and any Information posted, emailed, transmitted or otherwise made available on the Platform.
2.5 User’s undertakings: The User hereby undertakes that the User will not (and will not permit any third party to):
(a) impersonate any person or entity or to falsely state or otherwise misrepresent the User’s affiliation with any person or entity;
(b) interfere with another User’s utilisation and enjoyment of the Platform or Services;
(c) use the Platform to defame, harass, discriminate or threaten another person/company or in any other way violate rights;
(d) distribute or reproduce all or any part of the Platform and/or the Services;
(e) alter, disassemble, decompile or reverse engineer any part of Platform and/or the Services, unless explicitly permitted by mandatory law;
(f) create a database by systematically downloading and storing any content on the Platform;
(g) use software that reads and/or collect data on the Platform and/or in respect of the Services automatically;
(h) use software to facilitate automated means of accessing the Platform;
(i) use the Platform and/or the Services to request or encourage other users to breach any provision of these Terms of Service, and/or any other terms and conditions pertaining to the Platform and the Services;
(j) manipulate the price of any item or interfere with other User’s listings; open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) take any action that may undermine the feedback or ratings systems;
(l) harvest or collect any information about or regarding other Users, including without limitation, any Personal Data;
(m) use the Services to violate the privacy of others or to stalk or otherwise harass another User;
(n) acting in a manner that negatively affects other Users’ ability to engage in real time exchanges on the Platform;
(o) abuse the Platform and/or the Services;
(p) use the Platform and/or the Services for any unlawful or unauthorized purpose or other than in conformance with the acceptable policies of any connected computer networks and any applicable Internet standards (which includes transmitting any viruses through the Platform, or using the Platform and/or the Services in a manner which violates or infringes the rights of anyone else);
(q) use any software or material or upload any materials which contains a virus or damaging component which may corrupt the Platform’s data or interfere with the operation of the Platform and/or the Services; or
(r) publish, post, transmit, transfer, distribute or upload any content data, information and/or materials on the Platform, be it through the User’s account or another User’s account, that:
(i) is or may be false, indecent, misleading, untruthful or inaccurate;
(ii) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorized form of solicitation;
(iii) promotes or encourages, or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements);
(iv) is or may be racially or ethnically or otherwise offensive; constitutes or may constitute agitation against a minority (such as a national or ethnic group);
(v) constitutes or may constitute defamation; contains or may contain pornography or is in any other way sexually explicit;
(vi) attacks or may attack sexual orientation or religion, or is or may be discriminating in any other way;
(vii) may not be lawfully disseminated under applicable laws;
(viii) the User knows or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Platform and/or the Services;
(ix) is or may in any way be harmful, abusive, offensive or illegal; or
(x) infringes the rights of BETA or any third party (including Intellectual Property Rights).
2.6 User’s compliance with laws: The User hereby undertakes to comply with all applicable laws, treaties, ordinances, codes and regulations in respect of its access and use of the Platform and/or the Services.
2.7 User’s cooperation with BETA: The User hereby undertakes to fully cooperate with BETA (including providing all requested information) to BETA to:
(a) facilitate the provision of the Services to the Users;
(b) enable BETA to comply with all applicable laws, regulations and other requirements; and
(c) enable BETA to comply with requests by any regulator and/or any requests made pursuant to these Terms of Service.
2.8 BETA’s reservation of rights: BETA reserves the right to, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services, and investigate any violation of these Terms of Services and may take any action BETA deems appropriate;
(b) immediately remove any information posted by the User that BETA, at its sole discretion, deems to be in breach of these Terms of Service and/or any other terms and conditions pertaining to the Platform and the Services, or would be harmful for BETA and/or the Users;
(c) terminate, suspend or limit the User’s access to the Platform and/or the Services for any reason, including breach(es) of these Terms of Services; or
(d) take the appropriate legal action against the User, including referral to law enforcement, in the event of breach(es) of these Terms of Services.
3. SECURITY AND ACCESSIBILITY OF THE PLATFORM
3.1 Accessibility of the Platform: There are situations when the Platform will be inaccessible, unavailable or disrupted, including:
(a) necessary maintenance;
(b) circumstances outside the control of BETA (i.e., external causes such as net access failure, internet service provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship); and
(c) modification, upgrading, suspension, discontinuation of the provision of or removal of the Platform (whether in whole or in part), from time to time,
in which BETA shall not be liable for any such inaccessibility, unavailability and/or disruption. BETA does not guarantee that any identified defects, errors and/or faults will be corrected immediately.
3.2 Security of the Platform: BETA shall use its reasonable efforts to ensure the security of any information transmitted by or to the User through the Platform. Save for risks that are within BETA’s reasonable control, the User accepts the risk that any information transmitted or received through the Platform may be accessed by unauthorised third parties and/or disclosed by BETA to third parties purporting to be the User or purporting to act under the User’s authority. The User acknowledges and agrees that transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet, and BETA shall not be held liable for any such circumstance.
4. BETA ACCOUNT
4.1 BETA Account: The Services and/or certain aspects of the Platform may only be available upon the User’s creation of an account with BETA. If the User requests to create an account on the Platform (“BETA Account”), the username and password may either be:
(a) determined and issued to the User by BETA; or
(b) provided by the User and accepted by BETA in its sole and absolute discretion in connection with the use of the Platform and/or the Services. BETA may at any time in our sole and absolute discretion, request that the User updates the User’s Personal Data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by the User or arising out of or in connection with or by reason of such request or invalidation. The User hereby agrees to change the User’s password from time to time and to keep the username and password confidential and shall be responsible for the security of the User’s account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password. The User is to notify BETA immediately if the User has knowledge that or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if the User’s Personal Data requires updating.
4.2 Use and/or access with BETA Account: The User agrees and acknowledges that any use of the Services and/or any access to the Platform and any information, data or communications referable to the User’s username and password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by the User; or
(b) information, data, or communications posted, transmitted and validly issued by the User.
4.3 Termination of the BETA Account: The User may terminate the User’s BETA Account if the User notify BETA in writing of the User’s desire to do so. Notwithstanding any such termination, the User remains responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), delivery of medical report, payment for the service, or the like, and Users must contact BETA after the User has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. BETA shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Clause 4.3. The Users waive any and all claims based on the actions taken in this Clause 4.3.
5. USER’S SUBMISSIONS
5.1 Non-exclusive licence: The User agrees and acknowledges that it is granting BETA with a non-exclusive licence to use materials and/or information that the User has submitted to the Platform and/or to BETA directly, including but not limited to images, questions, reviews and comments. BETA may, but shall not be obligated to publish, remove or edit the Submissions.
5.2 Use of the Submissions: The User consents to and authorises BETA’s use of the Submissions (including the User’s Personal Data) for the purposes of sending information and promotional e-mails to the User. The User’s agreement to this Clause 5.2 shall constitute the User’s consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere).
6. THIRD PARTY SITES
6.1 Connected Sites: The Platform may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties. Unless BETA expressly says otherwise, the User should assume that these Connected Sites are not under the control of BETA. BETA assumes no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing the Connected Sites, or any actions taken in reliance thereon, and BETA disclaims liability for any and all forms of loss or damage arising out of the use of the Connected Sites. Any link to the Connected Sites featured on the Platform does not constitute BETA’s endorsement, recommendation or verification of that Connected Site.
6.2 Third-Party Systems: Under no circumstances shall it be construed that, in case of the User’s access to and use of systems (including messaging systems), services, content, materials, products, applications or programs of any third party (“Third Party Systems”), BETA is a party to any transaction, if any, between the User and such third party or that BETA endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible on the Platform or through the Services. BETA shall not be liable in any way for the User’s access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and the User agrees that the same shall be the User responsibility or that of the relevant third party.
6.3 Responsibility for use of Third-Party Systems: The User acknowledges and agrees that the User will be solely responsible for any access to or use of Third-Party Systems through the Platform or the Services. If the User accesses or uses any Third-Party Systems through the Platform or the Services, the User must comply with the relevant terms and conditions for the access or the use of such Third-Party Systems and be responsible for the registration and use of any usernames, email addresses, phone numbers or passwords required to connect to any Third-Party Systems. In particular, should access to and use of Third-Party Systems through the Platform or the Services be prohibited (whether in full or in part) by such third-party terms and conditions, the User should discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Platform and the Information: The Intellectual Property Rights in and to the Platform and the Information are owned, licensed to or controlled by BETA, BETA’s licensors, or BETA’s service providers. By using the Services and/or accessing the Platform, the User agrees to comply with all applicable laws in relation to the Intellectual Property Rights in and to the Platform and the Information. BETA reserves the right to enforce its Intellectual Property Rights to the fullest extent of the law.
7.2 No reproduction: No part or parts of the Platform, or any Information may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without BETA’s prior written permission or that of the relevant copyright owners. Subject to Clause 7.3, permission will only be granted to download, print, or use the Information for personal and non-commercial uses, provided that the person requesting for such permission do not modify the Information and that BETA or the relevant copyright owners retain all copyright and other proprietary notices contained in the Information.
7.3 Trademarks: The Trademarks are registered and unregistered trademarks of BETA or third parties. Nothing on the Platform and in these Terms of Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Platform, without BETA’s written permission or any other applicable trademark owner.
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 User’s association with BETA: Except where expressly stated otherwise, the Users are independent individuals or businesses and the Users are not associated with BETA in any way and BETA is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Platform.
8.2 Indemnity: Without limitation to the indemnity at DISCLAIMERS, each and every User agrees to indemnify and hold BETA harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any Intellectual Property Rights infringement claim, complaint, or violation relating to any Information, and/or (b) any removal of such Information pursuant to or in relation to any Intellectual Property Right infringement claim, complaint, or violation.
9. EXCLUSIONS AND LIMITATION OF LIABILITY
9.1 Access to the Platform and/or use of the Services: The User acknowledges that the entire risk arising out of the access of the Platform or use of the Services remains with the. BETA shall in no event be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of Platform, or other content linked to the Platform, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not BETA has been advised of the possibility of such loss or damages.
9.2 Servicing, repair or correction: If the User’s access and/or use of the materials, Information or the Services results in the need for servicing, repair or correction of equipment or data, the User shall assume all costs thereof. For the avoidance of doubt, the User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Platform. BETA will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information. The foregoing shall not apply in the case of fraud, gross negligence or wilful misconduct by BETA.
10. GENERAL
10.1 Term and Termination
(a) BETA may suspend or limit User’s access to the Platform, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Terms of Service or any additional instructions, guidelines or policies issued by BETA.
(b) User may cancel its registration at any time in accordance with the procedures provided.
(c) BETA may terminate User’s registration, including its right to access and use the Platform, in whole or in part, as follows: (i) in order to comply with applicable Law or instructions from any governmental agency or authority; (ii) if BETA, in its sole discretion, suspects that User is using the Platform in a manner not permitted by these Terms of Service; or (iii) upon any breach of these Terms of Service by User.
(d) Upon the expiration or earlier termination of User’s registration or rights to use the Platform, for any reason (i) User will no longer be authorized to access or use the Platform or otherwise use any of the features or Service offered by or through the Platform; (ii) BETA may delete any data associated with the User or User’s account; and (iii) all rights and obligations under these Terms of Service shall expire unless explicitly expressed.
10.2 Electronic communications
(a) The User hereby consents to receiving communications from BETA electronically, and BETA shall communicate with the User by e-mail or by posting notices on the Platform.
(b) The User hereby agrees and confirms that all agreements, notices, disclosures and other communications that BETA provides to the User electronically shall satisfy any legal requirement that such communications be in writing.
(c) Unless otherwise informed by the User, BETA shall communicate with any person who is, or appears to be from the office or institution by which BETA was initially contacted, unless the User specifically requests otherwise.
10.3 Assignment and Transfers
User may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of BETA, which may be withheld at BETA's sole discretion. Any attempted assignment by User that does not comply with the terms of this Section 10.3 shall be null and void. BETA may assign these Terms of Service, in whole or in part, to any third party in its sole discretion.
10.4 Severability
If any provision of these Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be rendered void, illegal or unenforceable to that extent and no further.
10.5 Entire Agreement
This Terms of Service and any additional instructions, guidelines or policies issued by BETA constitute the entire agreement for the use of the Platform. All prior agreements, letters, proposals, discussions and other documents regarding the Platform and the matters herein are superseded and merged into this Terms of Service.
10.6 Force Majeure
BETA will be excused from performance under this Terms of Service for any period that it is prevented from or delayed in performing any obligations pursuant as a result of an event or series of events caused by or resulting from any of the following:
(a) weather conditions or other elements of nature or acts of God;
(b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion;
(c) quarantines or embargoes,
(d) labor strikes;
(e) telecommunications, network, computer, server or Internet downtime;
(f) unauthorized access to BETA's information technology systems by third parties; or
(g) other causes beyond the reasonable control of BETA.
10.7 Jurisdiction and Governing Law
The User agrees that these Terms of Service shall be governed by, and construed in accordance with the laws of Singapore, and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.