IMPORTANT: DO NOT USE DEAR DOC FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or dial 995 immediately. Further, the Dear Doc site should not be used under any of the circumstances set out in Clause 8.1 below.
2.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:
"Consultation" means the real-time video and audio medical consultation with a Doctor via Dear Doc.
"Content" means articles, content, information, data, text, graphics, images, audio-visual material, news, advertisements, and other content.
"Dear Doc Content" means all Content that is made available on or accessible via any Dear Doc site.
"Dear Doc Site" means the domain www.dear-doc.com and all the pages, forms, and applications linked to this domain.
"Device" means the personal digital assistant, mobile phone, tablet, personal computer, notebook computer, or any other electronic device used to access and/or use Dear Doc site and/or the Services.
"Doctor" means a medical practitioner registered with Singapore Medical Council and providing Services via Dear Doc site.
"Marks" is defined in Clause 6.2.
"Servers" means the computer software, systems, and servers hosting, operating, managing, providing, or contributing to Dear Doc site and/or the Services.
"Services" is defined in Clause 3.2.
"Third Party Content" means all Content of third parties that is made available on or accessible via Dear Doc site, and shall include all third party website and all links to third party website.
"Virus" means any virus, worm, macro, adware, Trojan horse, time bombs, error, or other damaging or harmful program or components.
2.2 In this Agreement, unless otherwise stated, (i) words in the singular shall include the plural, and vice versa; (ii) clause headings are inserted for convenience only and shall not affect the interpretation of this Agreement; (iii) the words "include" and "including" shall not be construed as having any limiting effect; and (iv) any reference to any statute or legislation shall be deemed to be a reference to such statute or legislation as amended from time to time and be deemed to include any subsidiary legislation made thereunder.
3. Dear Doc site and Services
3.1 The Dear Doc site is owned and maintained by Wuum or its affiliates or related corporations.
3.2 Wuum may offer the following services on or through the Dear Doc site (the "Services") for sexual health and contraception: (i) Self-reported user health profile; (ii) Teleconsultation, where necessary; (iii) Medication advice and instructions, as medically appropriate (iv) Referral from a Doctor, when medically necessary; (v) sale and delivery of medication advised by a Doctor; (vi) and any other features, contents, or applications that Wuum may offer at the Dear Doc site from time to time in its sole discretion.
3.3 Access to and/or use of the Dear Doc site and/or the Services at charges to be stipulated from time to time, provided that you will be given an opportunity to decline or discontinue further access to and/or use of the Dear Doc site and/or the Services if you do not agree with the charges.
4. Data Protection
5. User’s Obligations
5.1 You shall not reproduce, modify, translate, publish, display, transmit, distribute, sell, trade, or exploit for any commercial or other purposes, any portion of, or any access to (i) Dear Doc site; (ii) any Services; (iii) any Dear Doc Content except with the prior written consent of Wuum or where expressly permitted in the Dear Doc site; or (iv) any Third Party Content except with the prior written consent of the owner of the specific Third Party Content.
5.2 You also hereby agree and undertake to comply with this Agreement, and such other notices or guidelines that may be posted on the Dear Doc site from time to time (which are hereby incorporated by reference into this Agreement).
You also hereby agree and undertake (if applicable) to be personally liable for, and to pay, all fees or charges in accordance with the fees, charges, and billing terms in effect at the time they are incurred, and in this regard (i) you hereby authorise Wuum to bill and charge the debit or credit card you provide for any fees or charges as they become due and payable; (ii) in the event that your credit card expires or Wuum is otherwise unable to debit the applicable amounts from your debit or credit card, you shall on request immediately furnish Wuum with a valid debit or credit card for payment or such information as Wuum may require; (iii) you agree that your request for the Services through the Dear Doc site will not be fulfilled until full payment has been received and/or verified; and (iv) in order to facilitate payment for your Consultation, you hereby consent to the disclosure by Wuum of your debit or credit card information and associated payment information to its designated payment processor. This information will be shared solely for the purpose of collecting the fees and charges.
You hereby agree and undertake not to use any Services or Dear Doc Content for any unlawful purpose, and to comply with all applicable laws and regulations, including copyright law.
You also hereby agree and undertake not to hack into, interfere with, distribute Viruses or other harmful computer code, or disrupt the Dear Doc site, Services, or Servers.
You also hereby agree and undertake not to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
5.3 Without prejudice to Wuum's rights of termination under Clause 9, Wuum reserves the right to terminate your access and/or use to all or any part of the Dear Doc site or Services if you are in breach of this Agreement, or if Wuum believes that you have been using any of the Dear Doc site, or any of the Services, for unlawful activity.
6. Intellectual Property
6.1 The copyright, patents, and all intellectual property rights in the Services, the Dear Doc site, and all Dear Doc Content, including the copyright in Wuum's compilations of all Dear Doc Content and Third Party Content, shall vest in and remain with Wuum and its licensors.
6.2 The trademarks, logos, and service marks (collectively, the "Marks") displayed on the Dear Doc site are the property of Wuum or other third parties, and all rights to the Marks are expressly reserved by Wuum or the relevant third parties. You are not permitted to use the Marks without the prior written consent of Wuum or such third party. Without limiting the generality of the above, (i) "Dear Doc" and the Dear Doc logo are trademarks of Dear Doc owned by Wuum; and (ii) all products and product logos are trademarks of Wuum and other owners, as applicable.
7. Use of Dear Doc Content
7.1 All Dear Doc Content is the copyrighted work of Wuum or its content or software providers, and Wuum reserves and retains all rights in the Dear Doc Content. Use of some Dear Doc Content may be governed by the terms of an accompanying end user license agreement.
7.2 You may not decompile, reverse engineer, decode, or decrypt the Dear Doc site or otherwise attempt to discover the source code of the Dear Doc site, or any Services or any Dear Doc Content available on the Dear Doc site.
8. Disclaimers & Limitations
8.1 Consultation & Treatment
Wuum does not warrant or make any representations that the Dear Doc site, in particular, any interactive video, audio, or text consultation, is the appropriate channel of consultation for your particular health care problem, or meets your specific requirements. Wuum prohibits, and disclaims any liability for, any use of the Dear Doc site for the provision of any emergency services or where diagnosis or treatment in-person is required. If you require urgent care or emergency treatment, you should consult a doctor in person or contact your local emergency services immediately. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions: (i) emergency conditions; (ii) non-minor conditions; (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a Consultation to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities.
You agree to comply immediately, with all instructions by any Doctor to consult a doctor in person, to seek emergency treatment, to consult a specialist, and/or to procure further examination, measurement, or testing, and you agree not to hold Wuum liable for any failure to so comply.
You may be issued with a medication advice by a Doctor and may also be prompted to use Dear Doc’s delivery services for delivery or fulfilment of prescription medicines. You acknowledge that this medication advice is not an e-prescription and will not be accepted by a pharmacy. You are under no obligation to purchase any advised medication. The Doctor will use his or her best endeavours, based on the health profile you have provided, to advise an appropriate medication for you. Wuum shall not be responsible for ensuring that you receive the medicine you are advised or that the medicine you receive is the same as that advised by the Doctor. Wuum shall also not be responsible for any instructions in relation to the medication provided by a Doctor, a pharmacist or anyone else associated with the provision of medication you have been prescribed.
You will comply with any instructions given in relation to any medication provided to you including, in particular, route, timing and dosages; you will promptly report any side effects of any medication to a doctor; you will protect anything advised and dispensed to you and not permit any other person access to the medication; and you will not use any medication after its expiry date.
The Dear Doc site may provide a referral to clinicians in situations where appropriate.
You acknowledge, and agree not to hold Wuum liable for, the potential and inherent risks associated with remote medical consultation and medication advice through an electronic medium, including the following risks: (a) the information transmitted by you or us may not be sufficient or accurate to allow for appropriate healthcare decision making, thus necessitating a face-to-face consultation with a doctor; (b) reliance on self-measurement and self-reporting may result in inaccurate evaluation and advice; (c) a lack of access to all your health records may result in adverse drug interactions, or allergic reactions, or other judgement errors; (d) software, hardware, or data transmission problems or failures may impede, or cause delays in, evaluation or advice; or (e) security protocols could fail, causing a breach of confidentiality or personal data protection.
8.2 Content, Dear Doc Site & Services
While we make every effort to ensure that all Dear Doc Content displayed on the Dear Doc site is accurate and complete, we provide the Dear Doc Content for informative purposes only and on an ‘as is’, ‘as available’ basis only and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Wuum disclaims all warranties, express or implied, including implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, and the warranty of non-infringement. Without limiting the foregoing, Wuum does not warrant that the functions contained in or access to the Dear Doc site, Services, Dear Doc Content or other content will be timely, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Dear Doc site, Services, Dear Doc Content or the Servers are free of Viruses. You (and not Wuum) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem, and damage in any Device that you access and/or use Dear Doc on. You agree not to hold Wuum liable for any loss, damage or expense.
Wuum does not warrant or make any representations regarding the access and/or use of, or the results of the use of, any Content or any Services, or the Dear Doc site, in terms of their correctness, accuracy, completeness, reliability, or otherwise. The Content, data, and information made available on the Dear Doc site (other than the medical advice received from a Doctor) are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or any expert advice. You should at all times consult a qualified expert or a professional adviser to obtain advice and independent verification of the information and data contained herein before making any decision.
The views and positions expressed in the Dear Doc site (as applicable) are personal views of the applicable authors and do not represent the views or positions of Wuum.
You acknowledge and agree that it is not Wuum's policy to exercise editorial control over, and to review, edit or amend any data, information, materials, or contents of any Third Party Content, or any posting or information that may be linked to, inserted or made accessible on or from the Dear Doc site and that Wuum does not endorse, has no control over and shall not be responsible for any Third Party Content. Wuum hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Content, including any Viruses contained in any Third Party Content.
You agree that all Third Party Content, and all statements, offers, information, opinions, and materials, from other users, and from advertisers and other third parties, where available on or accessible via the Dear Doc site, should be used, accepted, and relied upon only with care and discretion, and at your own risk, and Wuum shall not be responsible for any loss, damage, expense, or liability incurred by you arising from such use, acceptance or reliance.
8.3 No Liability for Changes to Dear Doc Content or Services
You agree that (i) Wuum shall be entitled at any time, at its sole discretion and without prior notice, to add to, vary, update, terminate, withdraw, or suspend the operation of the whole or any part or feature or Content of the Dear Doc site or Services without assigning any reason; and (ii) access to and/or use of the Dear Doc site, Servers, and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any of the foregoing events, Wuum shall not be liable for any loss, liability, or damage which may be incurred as a result.
In no event shall Wuum be liable to you for any damages, losses, expenses, and/or liabilities under any causes of action (whether in contract or tort, including negligence, or otherwise) caused through the access to or use of, or the inability to access or use, the Dear Doc Content, any Third Party Content, the Services, any Devices, the Dear Doc site, or any other website. In the event that Wuum is liable for damages despite the foregoing provision, you agree that Wuum's aggregate liability to you for any and all causes of action in relation to the Dear Doc Content, any Third Party Content, the Services, any Devices, the Dear Doc site, any other website and this Agreement, shall not exceed the total amount of fees and charges paid by you to Wuum for the Services from which such liability arose.
Under no circumstances shall Wuum be liable for any indirect, special, consequential, or incidental damages that result from the access to or use of, or the inability to access or use, the Dear Doc Content, any Third Party Content, the Services, any Devices, the Dear Doc site, or any other website, even if Wuum or a Wuum authorised representative has been advised of the possibility of such damages.
You agree that the above exclusions and limitations of liability enable the Services and the Dear Doc Content to be provided by Wuum at reasonable costs, or no costs, to you.
The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from Wuum's negligence.
9.1 You agree that Wuum has the right in its sole discretion and without notice to restrict, suspend, or terminate your access to and/or use of all or any part of the Dear Doc site and/or the Services, without assigning any reason. After such termination, Wuum will have no further obligation to provide the Services, except to the extent that Wuum may be obliged to provide you access to your health records.
9.2 Subject to applicable law, Wuum reserves the right to maintain, delete, or destroy all communications and materials uploaded to the Dear Doc site by you, pursuant to its internal record retention policies or applicable law.
You agree to indemnify and hold Wuum, and its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including legal costs on a full indemnity basis), awards, losses and/or expenses, whether occasioned by your negligence, breach of contract, breach of statutory duty, or otherwise, due to or arising from (i) your access to and/or use of the Dear Doc site or any Services; (ii) your connection to the Dear Doc site; (iii) your release of your account information on the Dear Doc site to a third party; (iv) your breach of any terms and conditions of this Agreement; or (v) your violation of any rights of another person or entity.
If any provision of this Agreement is found to be illegal, void, or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force, save that such provision shall be deemed to be deleted.
12. Relationship of Parties
Nothing in this Agreement shall constitute or be deemed to constitute an agency, partnership, or joint venture between Wuum and you, and neither party hereto shall have any authority to bind the other in any way.
13. No Waiver
13.1 A failure by Wuum to exercise or enforce any rights conferred upon it by this Agreement shall not be deemed to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time(s).
13.2 No waiver of any rights under this Agreement by a party hereto shall be effective unless made in writing and signed by such party hereto.
14. Rights of Third Parties
14.1 A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description, except to the extent set out in Clause 14.2 below.
14.2 Any subsidiary or related corporation of Wuum may enforce this Agreement to the same extent as if it were a party hereto.
15. Force Majeure
15.1 No party hereto shall be liable for any failure to perform its obligations under this Agreement (other than payment obligations) if the failure results from a Force Majeure Event (as defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
15.2 For purposes of this Agreement, a "Force Majeure Event" is an event, which is a circumstance or event beyond the reasonable control of a party which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
16.1 If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Dear Doc site, please send us an email at firstname.lastname@example.org.
17. Governing Law & Jurisdiction
17.1 This Agreement and all matters relating to your access to, or use of, the Dear Doc site and the Services shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any principles of conflicts of law.
17.2 You hereby submit to the jurisdiction of the Singapore courts.
1. Data Collection and Use
1.1 We collect and use your personal data to allow us to provide Services to meet your healthcare needs, and to customise and improve our Services to make your experience more secure and convenient (including improving the quality of our Services through the performance of quality reviews and similar activities). We only collect personal data about you that we consider reasonably necessary for achieving these purposes.
1.2 If you choose to access and/or use the Dear Doc site and/or our Services, we may require you to provide contact and identity information, medical history, information on medication & supplement use, allergies, preferences, and other personal data as indicated on the forms in the relevant Dear Doc Site.
1.3 We will maintain a file about you and your use of the Dear Doc site and/or our Services. We will collect, use and retain the data in your file, and such other data that we may obtain from time to time in connection with your current and past activities on the Dear Doc site, for as long as the purpose for which the data is collected continues or where otherwise necessary for legal purposes or the purposes of our normal business operations.
1.4 We may also look across multiple users to identify problems, and in particular, we may examine your personal data to identify users using multiple user-IDs or aliases. We may also compare and review your personal data for errors, omissions and/or accuracy.
1.5 Under some circumstances, we may require certain financial information from you. We will use your financial information (including credit card information) to verify the accuracy of your name, address, and other information, to detect any fraud or other criminal activity, and to bill you for your use of our Services.
1.6 We may track certain information based upon your behaviour on the Dear Doc site. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users in general and you in particular. This information may include your IP address and your physical location.
2. Sharing with and Disclosure to Third Parties
2.1 As a matter of policy, your personal data will not be shared or disclosed to third parties (whether for their marketing purposes or otherwise) without your consent. However, we reserve the right to disclose your personal data to our third party service providers (including any third party service provider which hosts or manages data from the Dear Doc site, credit, debit and charge card companies, banks or other entities processing payment instructions given by you through the Dear Doc site, lawyers, auditors, any other agents or subcontractors acting for and on our behalf), and/or government or regulatory authorities (including the Ministry of Health of Singapore), whether within or outside of Singapore, to the extent required in the normal course and scope of our business in the provision of our Services, and/or where required by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.
2.2 We may also disclose your anonymised data to data analytic platforms, technical support providers, and delivery service providers.
3.1 Your privacy is important to us. We have put in place reasonable security arrangements (which shall at least be equivalent to industry standard practices) to protect your privacy and personal data, in such manner and to such extent as we deem reasonably appropriate in our sole discretion to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. However, there is no such thing as "perfect security" and we do not guarantee in any way, and you should not expect, that your personal data or private communications will always remain private and/or safe from any abuse or misuse by third parties.
3.2 Your personal data to be used by Wuum is stored on Wuum's servers located within the premises of its data service providers. We will use such procedural and technical safeguards as we deem reasonably necessary in our sole discretion to protect your privacy and to protect your personal data against loss, theft and unauthorised access, collection, use, disclosure, copying, modification or disposal. We will also employ such security techniques deemed appropriate at our sole discretion, to reasonably protect data against loss, theft, and unauthorised access, collection, use, disclosure, copying, modification or disposal by users inside and outside Wuum. If we transfer any data outside Singapore, we will take appropriate steps to ascertain whether, and ensure that, the recipient of your transferred personal data is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection at least comparable to the Singapore Personal Data Protection Act 2012 (No. 26 of 2012). We will also transfer your personal data outside Singapore only if such transfer is necessary for the performance of a contractual obligation between Wuum and you, or where such transfer is necessary to respond to a life-threatening or health-threatening emergency.
3.3 Wuum's employees are required, as a condition of their employment, to treat personal data held by Wuum as confidential, and to maintain the confidentiality of that personal data.
3.4 As "perfect security" does not exist, each of Wuum and its affiliates, related companies, and third party service providers and their respective officers, directors, employees and agents do not represent or warrant that there will not be, and hereby disclaim any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorised access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any data held or maintained by any of the aforesaid entities or persons.
4. Accessing and Updating your Data
If you wish to access, update or otherwise change or remove any personal data that you provide for Dear Doc’s use, please send us an email at email@example.com for assistance. However, if you remove any personal data, which is necessary for us to provide you with Services, our provision of our Services to you may become impossible, impeded or deficient.
6. Governing Law
7. Contact Dear Doc