Terms Of Use | Mindside

Please read these terms of use ("terms of use") carefully before using the mindside.sg web app website, app, system, tool and/or its related materials and contents thereof (hereinafter referred to as the “mindside.sg web app”).

By accessing or using the mindside.sg web app, you unconditionally accept and agree to be bound by these terms of use. If you do not agree to these terms of use, do not use the mindside.sg web app.

In the event of a medical emergency please call emergency services. The mindside.sg web app is not designed or intended for use in the diagnosis or treatment of disease or other conditions, and the recommendations or information provided by the mindside.sg web app does not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. You will be solely responsible for all decisions and actions taken or not taken involving medical diagnosis, treatment and care resulting from or in any way related to the use of the mindside.sg web app.

The mindside.sg web app is only intended for use in Singapore.

1.1
The mindside.sg web app is made available, not sold, to you by Northeast Medical Group (NEMG) for use only under these Terms of Use. NEMG retains ownership of the mindside.sg web app itself and reserve all rights not expressly granted to you.
1.2
NEMG reserves the right to revise this Terms of Use at any time it deems fit by updating this page. You should visit this page from time to time and review the current Terms of Use. NEMG may modify any information that forms part of the mindside.sg web app any time, without the need of notice to you, and without any liability on the part of NEMG. Your use of the mindside.sg web app after such changes have been made available will constitute your unconditional agreement to the modified Terms of Use and all of the changes.
1.3
NEMG, at its discretion, may make available future updates to the mindside.sg web app itself. The mindside.sg web app updates, if any, may not necessarily include all existing mindside.sg web app features. The terms and conditions of these Terms of Use will govern any mindside.sg web app updates, unless such update is accompanied by a separate agreement, in which case you agree that the terms of that agreement will govern such update. NEMG further reserves the right, at NEMG’s sole discretion, to remove the mindside.sg web app from access or absorb it into other online capabilities.

2.1
The mindside.sg web app and its contents and materials made available on or through the mindside.sg web app, are protected by copyright, trademark and other forms of intellectual property rights. All rights in the mindside.sg web app are owned by, licensed to, managed and/or controlled by NEMG.
2.2
Other terms of use, as may be indicated to you may apply upon using this mindside.sg web app or in the event you are redirected to other contents including websites, apps and/or tools. Such content may be protected by rights, copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. The aforesaid third party sites, apps, tools, contents and materials, may not be owned or controlled by NEMG and NEMG shall have no responsibility for their correctness or availability. In addition, NEMG shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of such third party sites, tools and materials.

3.1
NEMG grants you a revocable, non-exclusive right to access and use the mindside.sg web app subject to the following conditions:
1. a
  The mindside.sg web app is not a medical device and should not be used as a substitute for qualified medical advice. It is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of any condition or disease. Please consult your healthcare provider prior to making any decisions related to your health. You will be solely responsible for all decisions and actions taken or not taken involving medical diagnosis, treatment and care resulting from or in any way related to the use of the mindside.sg web app.
2. b
  You may access and use the mindside.sg web app in the manner permitted in these Terms of Use only. Except as otherwise provided in this Terms of Use, the mindside.sg web app may not be copied, distributed, reproduced, republished, uploaded, transmitted, or otherwise modified in any way, without the prior written permission of NEMG.
3. c
  You may use the mindside.sg web app solely for your personal, non-commercial use. You shall not rent, lease, lend, sell, trade, distribute or license the mindside.sg web app.
4. d
  You shall not use the mindside.sg web app for the principal purpose of advertising or promoting a particular product or service without the prior written permission of NEMG.
5. e
  You shall not use the mindside.sg web app in a way that suggests any official status or that NEMG or NEMG’s contributors endorses you or your use of the mindside.sg web app without NEMG’s prior written consent.
6. f
  You shall not make any deletions, additions, adjustments, alterations, adaptations or modifications to the mindside.sg web app. You acknowledge and agree that any deletion, addition, adjustment, alteration, adaptation or modification of this the mindside.sg web app is a violation of intellectual property rights and other related rights subsisting therein.
7. g
  You must secure permission from NEMG prior to hyperlinking to, or framing, the mindside.sg web app or any of its contents, or engaging in similar activities. NEMG reserves the right to impose conditions when permitting any hyperlinking to, or framing of the mindside.sg web app or any of its contents.
8. h
  You agree that you will comply with the Personal Data Protection Act 2012 (“PDPA”) and/or any other applicable law relating to data privacy or confidentiality, and will not cause NEMG to be in breach of such laws.
9. i
  You may not, and you agree not to or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the mindside.sg web app or any part thereof.
10. j
  You agree to use the mindside.sg web app in compliance with all applicable laws.

4.1
The mindside.sg web app is provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, NEMG does not make any representations or warranties whatsoever and hereby disclaims all express, implied and statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to the following:
1. a
  any representations or warranties as to the accuracy, completeness, reliability, timeliness, currency, quality or fitness for any particular purpose of the mindside.sg web app; and
2. b
  any representations or warranties that the mindside.sg web app shall be error-free or shall be available without interruption or delay, or that any defects shall be rectified or corrected, or that the mindside.sg web app is and will be free of all viruses and other harmful elements.
4.2
NEMG shall not be liable to you or any third party for any damage or loss whatsoever, including but not limited to direct, indirect, punitive, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, modem or other property, arising directly or indirectly from:
1. a
  your access to or use of the mindside.sg web app;
2. b
  any loss of access to or use of the mindside.sg web app, howsoever caused;
3. c
  any inaccuracy or incompleteness in, or errors or omissions arising from the mindside.sg web app;
4. d
  any delay or interruption in the transmission of the mindside.sg web app, whether caused by delay or interruption in transmission over the internet or otherwise; or
5. e
  any decision made or action taken by you or any third party in reliance upon the mindside.sg web app, regardless of whether NEMG has been advised of the possibility of such damage or loss.
4.3
You shall not rely on the mindside.sg web app to claim or assert any form of legitimate expectation against NEMG, whether procedural or substantive in nature, in respect of any action that NEMG may or may not take in the exercise of its discretion.
4.4
CAUTION: YOU FURTHER ACKNOWLEDGE THAT THE MINDSIDE.SG WEB APP, RECOMMENDATIONS, AND RELATED SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE. AND THE MINDSIDE.SG WEB APP, RECOMMENDATIONS, AND RELATED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE RECOMMENDATIONS, CONTENT, DATA OR INFORMATION PROVIDED BY, THE MINDSIDE.SG WEB APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL HARM OR ANY FORM OF HARM OR DAMAGE.

5.1
You agree to hold harmless and to fully indemnify NEMG and/or NEMG contributors to the development and operation of the mindside.sg web app (such NEMG contributors as determined by NEMG), from any and all claims, demands, losses, liabilities, costs, and expenses (including but not limited to legal costs) against NEMG and/or NEMG contributors arising directly or indirectly from your use of this website, your breach of this Terms of Use, or any infringement claim by any third party resulting in damage and/or loss to NEMG and/or NEMG contributors, as the case may be.

6.1
NEMG may at any time terminate or suspend the availability, access, operation of the mindside.sg web app or all or any of its contents for any period of time without any prior notice, whether for the purposes updating and upgrading or system maintenance or otherwise.
6.2
NEMG reserves all rights to deny or restrict access to the mindside.sg web app by any person, or to block access from a particular internet address, at any time without prior notice and without ascribing any reason whatsoever.
6.3
The mindside.sg web app may be changed, modified, edited, removed or withdrawn by NEMG at its absolute discretion and at any time without prior notice.
6.4
You shall obtain your own professional and/or legal advice relevant to your particular circumstances and conduct all necessary due diligence, including but not limited to making such investigations or seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning the mindside.sg web app. The mindside.sg web app does not cover all information available on a particular issue. The mindside.sg web app is not intended to be responsive to, inclusive of, or consistent with, any other sources of information available on any matters that may be addressed by or referred to by the mindside.sg web app.
6.5
The mindside.sg web app may contain hyperlinks to websites which are not maintained by NEMG. NEMG is not responsible for the contents or reliability of those websites and does not necessarily endorse the views expressed in them. NEMG has no control over and cannot guarantee the accessibility or proper functioning of those websites. Further, NEMG shall not be liable to you or any third party for any damage or loss whatsoever arising from your access to or use of those websites or third party information and materials. Use of the hyperlinks and access to those websites and materials are entirely at your own risk.

7.1
NEMG, as appropriate, uses available technology for the protection of the security of any communications made via the mindside.sg web app . NEMG does not, however, accept any liability for the authenticity, confidentiality, integrity, and security of any communications and other transactions made through the mindside.sg web app. Internet communications may be susceptible to interception or interference by third parties.

8.1
The materials contained in the mindside.sg web app, including all the information and software programmes are protected by copyright, trademark, and other forms of proprietary rights. All rights, title, and interest therein are licensed to and/owned and controlled by NEMG.

9.1
The full version of the Data Protection Policy applicable to the mindside.sg web app, can be viewed at a link on its main screen.

10.1
These Terms of Use shall be governed and construed in accordance with laws of the Republic of Singapore. Subject to paragraphs 10.2 and 10.3 below, any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved in the Courts of the Republic of Singapore and the parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore. NEMG reserves the right to commence or maintain any proceedings for such dispute in the court of any country claiming or having jurisdiction in respect thereof and you irrevocably waive any objections you may have to such proceedings being brought before any such court.
10.2
NEMG may, at its sole discretion, refer any dispute referred to in paragraph 10.1 above to arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in Singapore in accordance with the Arbitration Rules of the SIAC ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. Further:
1. a
  The seat of the arbitration shall be Singapore.
2. b
  The tribunal shall consist of one (1) arbitrator.
3. c
  The language of the arbitration shall be English.
10.3
Where NEMG is the defendant or respondent, it shall be given at least 30 days before the commencement of any legal action against it to elect to exercise the right herein to have the dispute submitted to arbitration. This right to elect shall not prejudice NEMG’s right to a limitation defence and the period to exercise the right shall not be abridged by reason of any accrual of a limitation defence in favour of NEMG during the said period.