Last Updated: 30.06.2020
EZIOM International Pte. Ltd. and Ouch Inc, (“we” or “us” or “our”), provide
to our users with access and use of our:
Our Mobile Application (“App”)
- Ouch , that allows users to manage medical
The tools and services are are accessible via the App.
The configuration and setup services
offered by us, and
Our customer interface channels.
All of the
above are hereinafter collectively referred to as the “App Services”.
constitute a legally binding contract between You (a patient and/or a user),
and us and govern the use of and access to the App Services by You, your
representatives and/or affiliates irrespective of the nature of the usage of the
App. Please read this Agreement carefully as it contains important information
about your legal rights, remedies, and obligations.
accepting this Agreement, accessing and/or using any of the App Services or
permitting any of your representatives/ affiliates to access or use the
Service, you agree to be bound by this Agreement. If you are signing up as a
representative or affiliate of an individual you are agreeing to this agreement
for that individual and represent to us that you have the authority to enter
into this agreement and bind such individual to this agreement. If you do not
agree to these Terms, then you may not access or use any of the App Services.
new features that augment or enhance the current Mobile Application or Service,
including the release of new tools and resources, shall be subject to these
“Account” means your account registered on
the App after completion of the steps of registration and is the means to
access the App and its App Services. Each
Account has a unique login-password combination which you maintain with the App
in order to access the App Services.
“Account Information” is the
information submitted during registration of your Account and thereafter
entered into your Account.
means the mobile application developed by us for the management of your
medical appointments, known by the proprietary brand name of “OUCH” and tools
and App Services available and accessible through the same.
“Appointment” means the appointment made by you
through the OUCH mobile app.
User” means and includes an individual representing
the patient and managing the patient account on behalf of the patient such as a
parent, guardian or caregiver.
means all information that is entered into by You, your authorised users or
Other Users, and includes any communications, messages, etc.
means an iOS or Android mobile device and/or tablet.
shall mean any current or future worldwide rights under any patent, copyright,
trademark, or trade secret; any moral rights or any similar rights.
“Other Users” means other persons or legal
entities who are using the App, including the Doctors
and Health Care providers, and are contractually
bound with us.
means an individual, seeking to utilise the App for the purpose of booking an
appointment, either on their own or through an authorised user.
“Registration Process” means
the registration process required to be
completed in order to create an Account.
“Term” means the time period beginning
from the date on which you have signified your acceptance to these Terms of
“You” means the Patient and or User,
that has Registered an account and uses our App and other App Services.
to access and use the App
We hereby grant to You the limited, non-exclusive, non-transferable, a non-sublicensable, revocable license to download,
install and use the App in accordance with the
reserve all other rights including the intellectual property rights in the App’s name, trademarks, copyrights, content and any other
We reserve the right to make changes
to the functionality of the App from time to
time. We shall perform all necessary server management and maintenance
services with respect to the App at no
additional cost to you.
We shall use reasonable efforts to
make the App available to you,
at all times. We understand and agree that the App is accessible over the Internet, data and cellular
networks, the quality and availability of the same may be affected by factors
outside our control. Therefore, we shall not be liable for non-availability of
the App at any time. We may try and restore
access to the App on a best reasonable and
commercially viable basis.
You understand that we are an
intermediary and that we do not always monitor or control any data or content
uploaded by you or other users to the App.
You agree not to use or encourage, or permit others to store, upload, modify,
You may access the App using a single Account via multiple access points. You
may book appointments for multiple patients through your Registered Account.
You shall ensure that the Account is
used by You or your authorized users
through your account. You agree not to provide any access to your Account to
any third-party vendors.
You agree not to request or allow
another person to create an Account on your behalf, for your use, or for your
benefit, except that an authorized representative or affiliate may create an
Account on behalf of you. By granting other authorised Users permissions under
your Account, you represent and warrant that you are fully responsible and
liable for any action of any Authorised User to whom you have provided any
permissions and any other person who uses the Account, including making
You shall not nor permit authorised
Users resell the App to any third party
as a private label or with the inclusion of a mark-up fee.
of Account and Account Information
In order to access and use the App, you need to complete the Registration Process and create
an Account with OUCH which requires you to furnish certain information
(“Account Information”). You should keep this information updated at all times.
Upon completing the registration process, you
will be entitled to access and use the App.
You are entirely responsible for any
data/content that is entered into or sent from your Account such as your
medical information, communications with Medical Practitioners/ Health Care Provider, Other Users (Content). You are also responsible for all
the activity that occurs through or within the Account. Any abusive, fraudulent
or unauthorized use of the App shall warrant
termination of its right to access and use the App. You are fully liable for any fraudulent, abusive or
illegal activity or data storage that occurs through the Account.
between You and Us
The App is an appointment management App and is merely available
to enable patients to connect with clinics and manage appointments. We do not
introduce patients and clinics to each other.
You shall not make any
representation as our agent or employee nor make any representation that would
embellish your relationship with us. You shall
have no authority to bind us or incur other obligations on behalf
Usage of the App and Restrictions
You agree that You are responsible
for your own conduct (including that of Users authorized by You) and Content
while using the App and for any
consequences thereof. You agree to use the App
only for purposes that are legal, proper and in accordance with this Terms of
Use and any applicable policies or guidelines.
While using the App or App Services, You
shall not, and not permit anyone to attempt to or otherwise do any of the
or reschedule the Appointment without good reason;
ii. Infringe any laws applicable to You, third-party rights or
iii. post content or items in inappropriate areas on our App and services;
iv. defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others; upload, post,
email or transmit or otherwise make available any inappropriate, defamatory,
infringing, obscene, or unlawful content
v. upload, post, email or transmit or otherwise make available any
content that infringes any patent, trademark, copyright, trade secret or other
proprietary right of any party, unless You (or the user posting the content)
are the owner of the rights or have the permission of the owner to post such
vi. remove any copyright, trademark or other proprietary rights
notices contained in or on the App;
lease, lend, sell, sublicense, assign, distribute, publish, transfer or
otherwise make available the App or any features or functionality of the App, to
any third party for any reason.
circumvent or manipulate our fee
structure, the billing process, or amounts owed to the App;
ix. transfer your Account (including feedback) to another party
without our consent;
x. distribute or post spam, unsolicited, or bulk electronic
communications, chain letters, or pyramid schemes;
xi. distribute viruses, worms, defects, trojans or any other
technologies that may harm us, the App,
or the interests or property of Other Users (including their Intellectual
Property Rights, privacy and publicity rights) or is unlawful, threatening,
abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may
harass or cause distress or inconvenience to, or incite hatred of, any person;
xii. attempt to modify, translate, adapt, edit, decompile, disassemble,
or reverse engineer any software programs used by us in connection with the App;
distribute any file posted by
another that You know, or reasonably should know, cannot be legally distributed
in such manner
xiv. impersonate another person or entity, or falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material;
xv. restrict or inhibit any Other User from using and enjoying the App;
xvi. harvest or otherwise collect information about Other Users,
including email addresses, without their consent.
copy, modify or distribute rights or
content from the App or its copyrights and trademarks; or
use the App to facilitate money exchange including, but not limited
You agree that You will not, and
will not permit anyone under any circumstances to upload, post, host, or
transmit any Content that:
i. is in violation of laws in force or promotes unlawful activities;
ii. is defamatory, or fraudulent;
iii. is or contains sexually obscene content;
iv. false, inaccurate, misleading, deceptive, defamatory or offensive
(including personal information or Account Information);
v. is discriminatory or abusive toward any individual or group;
vi. contains or installs any active malware or exploits, or uses our App for exploit delivery (such as part of a command and
control system); or
vii. infringes on any proprietary right of any party, including patent,
trademark, trade secret, copyright, right of publicity, or other rights.
You explicitly agree to not attempt
or allow the misuse of Other Users' Personal Information and comply by privacy
and data protection laws applicable to You.
Pricing and Payment Policy
Your may register on the App free of charge. The
consultation fee charged by the Medical Practitioner/ Health Care Provider
shall be communicated to you at the time you book your appointment. The
Consultation fee charged may vary from one health care provider to another.
We offer you multiple payment options. You may
choose amongst the options available to you. We reserve the right to add or
delete any mode of payment without prior notice to you.
at Clinic: under this option you are required to make payment at the clinic
after your consultation. In case you are covered by insurance and wish to avail
benefits of the same, you are required to make payment of the entire
consultation fee through the Online Payment Mode described below.
Payment Mode (Credit Cards, Debit Cards, Net Banking)
accept payments through modes of online payment. All online payments have to be
made at the time of the appointment.
have third Party affiliates who process financial transactions on our behalf,
kindly read their terms https://stripe.com/payment-terms/legal.
represent and confirm that the credit/debit card that you use to make payments
on the App is yours or that you have been specifically authorised by the owner
of the Credit/debit card to use it.
There is a likelihood that our online prices
i.e. prices communicated to you at the time of booking of your appointment may
not match with the consultancy fee charged otherwise by a Medical Practitioner/
Health Care Provider, you agree and undertake not to raise any dispute in this
We shall verify your request for cancellation.
All requests for cancellation shall be accepted at our sole discretion.
You may cancel your normal appointment within
the allowed hours of booking it by using the cancel option available on the App.
A confirmed appointment may be cancelled and
rescheduled for a future date. Should such cancellation occur, you shall be
notified at the earliest.
You shall not be eligible to receive a refund if
you do not show up for the appointment and do not cancel the appointment within
the stipulated time period provided to you.
No refund shall be given for a rescheduled
All refund requests have to be made within 7
days of cancellation of the appointment.
All refunds are subjected to cancellation
All payments made towards the appointment shall
be refunded to you through the same mode of payment used at the time of booking
Refund request shall be processed within 15 days
of receipt of refund request. If the refund request is not processed within
time specified please contact us at the details provided herein under.
of Intellectual Property Rights of the App and Content
All intellectual property rights
relating to the App, its content,
materials including, but not limited to text, data, information, graphics,
logos, tools, photographs, images, illustrations, audio, video and animations
are intellectual property co-owned by or licensed to Eziom International Pte.
Ltd. And Ouch Inc Pte Ltd and/or third parties and are protected by the laws of
Singapore and international copyright laws. All trademarks, service marks, and
trade names are proprietary to the Eziom International Pte. Ltd. and Ouch Inc.
Pte Ltd and/or third parties.
You acknowledge and agree that all
Proprietary and Intellectual Property rights in App vest with the us and we
retain all ownership, rights, title and
interest in the App and that nothing in this
Agreement gives you any right, title or interest in or to the App or any of our
Intellectual Property. You agree that the App
remains our property and payments made to us are towards the use and access of
the App only and at no cost the App becomes your property.
You may not copy, modify, publish,
transmit, upload, participate in the transfer or sale of, reproduce, create
derivative works based on, distribute, or in any way exploit any of the App content, software, materials relating to the App in whole or in part.
You agree to abide by all copyright
notices, information, and restrictions contained in any content accessed
through the App.
You own and retain all right, title
and interest with respect to all Content that has been entered or generated by
You. All the rights of intellectual property to trademarks, trade names,
including but not limited to the information obtained through online forms,
which contain additional information such as personal information and business
information etc.are and will remain Your property. You grant permission to us to include your name in a list of
our customers online and in print and electronic marketing materials, for the
purpose of advertising and promotional events.
with other Users
Until the completion of the Appointment, You
agree to communicate with the Medical Practitioner/ Health Care Provider only
through the mode /messaging provided through the App.
We may read all communications and
correspondence posted to the App and download or
access (if necessary), all uploaded files, programs and websites related to
your use of the App for the purpose of
investigating fraud, regulatory compliance, risk management and other related
(Reviews, Ratings etc.)
submissions are an essential tool in determining the credibility and goodwill
of a Medical Practitioner/ Health care provider listed on the App.
shall undertake to post genuine and authentic reviews for services availed by
you through the App. You shall ensure that your review is free from bias and
may only review and rate the profile of the Medical Practitioner/ Health Care
Provider whose services you have availed.
do not verify and confirm every review made, but we do maintain a verification
procedure in case the genuineness of a review is questioned.
submissions made on the app shall remain the property of OUCH.
hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully
sub-licensable right to reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display reviews/ submissions for any
purpose whatsoever, without restriction for commercial use or otherwise and
without compensating you in any way.
we receive any complaints of your submissions being in violation of these Terms
of Use or otherwise harmful to the App or inconsistent with any law in force,
we may investigate the allegation and determine in good faith and at our sole
discretion whether to remove such submission.
with Medical Practitioner/ Health Care Provider
In the event that a dispute arises
between you and a Medical Practitioner
/ Health Care Provider in relation to any
Appointment, You agree to first attempt to resolve any differences that you may
If you continue to have any
difficulties or problems in relation to a dispute with the Medical Practitioner/
Health Care Provider in relation to an Appointment,
we encourage you to contact us and we will try our best to assist you in
If a dispute arises between You and
us, our goal is to address your concerns immediately and find a resolution
promptly. We strongly encourage you to first contact us directly to seek a
resolution by contacting us through means provided through the App or by emailing us at email@example.com
For any claim, we may elect to
resolve the dispute through alternative dispute resolution methods such as negotiation,
mediation or arbitration.
All claims you bring against us must
filed or brought contrary to these TOU shall be considered improperly filed and
a breach of these TOU. Should you file a claim contrary to the terms of these
TOU, we are entitled to
recover its legal fees and costs provided that we have notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw the
Our failure to act with respect to a
breach by You or others does not waive our right to act with respect to
subsequent or similar breaches.
Suspension and Termination of Your Account
This Agreement shall remain in the effect from the date of registration of the Account until termination by
cancellation or suspension of the Account.
If You wish to delete your Account,
you must do so through the option provided for through the App or contact our team at firstname.lastname@example.org. Please note that once You delete your Account, it cannot
be revived and all your Content will be permanently removed from our servers.
We reserve the right to immediately
suspend/terminate your Account, or restrict or prohibit Your access to the App immediately if (a) we determine that you have breached our
TOU or other policies, (b) if we are unable to verify or authenticate
your registration data, email address or other
information provided by You, (b) if we believe that Your actions may cause legal liability for you or for us, or all or some of Other Users, or (c) if we
believe that You have provided false or misleading registration data or other
information, have not updated the Account Information, or (d) You have
interfered with Other Users or the App.
We reserve the right to suspend or terminate
Your access to your Account if you have caused any
disruption or harm to the App or to any third
parties or violate the provisions of any of
the applicable laws. You hereby consent to let our employees and agents access
your Account and records on a case-to-case basis to investigate complaints or
other allegations or suspected abuse.
In case of Account deletion or
disabling, this Agreement shall be deemed terminated but the following
provisions will remain in place: Confidentiality, Ownership of Intellectual
between You and Us
All “Confidential Information”
disclosed by you to us that is
designated in writing as confidential as well shall not be used or disclosed
when required by the process of law or with your
prior permission. Confidential Information shall not include information which:
i. is known publicly;
ii. is generally known in the industry before disclosure;
iii. has become known publicly, without our fault; or
iv. has been otherwise lawfully known or received by us.
Except as otherwise expressly
permitted under this Agreement, we agree to keep confidential all information
entrusted to us and to protect it at all times by exercising a reasonable
degree of care.
You agree that we may disclose
Information to our employees, consultants, agents or advisors who have a strict
need to know such Confidential Information solely for the purpose of performing
obligated to maintain the confidentiality of such Confidential Information upon
terms at least as protective as those contained in this TOU.
You shall not disclose our
Confidential Information to any third party without our
prior express consent to disclose such information.
If in case we are required by law,
or upon receiving process from a court of law, to disclose Confidential
Information, it will be bound to disclose such information, without giving any
notice of the same to you.
You grant your consent to us to
disclose to our affiliates / partners / third parties the Account Information
and Content to the extent necessary for the purpose of performing its
obligations under this Agreement.
between You and Medical Practitioners /
Health Care Providers
To the extent that a Medical
Practitioner / Health Care Provider provides
Confidential Information to you, you will
protect the secrecy of the Patient’s Confidential Information with due care and
the same degree of care as it uses to protect your own Confidential
Information. Upon the Medical Practitioner/Health
Care Providers request, you shall immediately
destroy or return the Patient’s Confidential Information and any copies thereof.
Listing Policy on
collect and display on the website, profile of Medical Practitioners/ Health
Care Providers which contain information about their specialization,
experience, qualifications, location, fees, visiting hours etc. We make reasonable
efforts to ensure that such information is accurate and up to date. We cannot
be held liable for any inaccuracies or incompleteness represented from it.
do not play any role in the order of a medical practitioner/ health care
providers listing and such listing is solely based on the algorithms and
reviews given to them by patients.
The App is provided to You on an “as is” and “as available” basis without warranty of any kind. Without limiting
this, we expressly disclaim all warranties, whether express, implied or
statutory, regarding the App and App
Services including without limitation any warranty of
merchantability, fitness for a particular purpose, title, security, accuracy
We do not provide any warranty that
(i) the App will meet your
requirements; (ii) that the Service will be uninterrupted, timely, secure, or
error-free; that the information provided through the App is accurate, reliable or correct; (iii) that any defects
or errors will be corrected; (iv) that the Service will be available at any
particular time or location; or that the Service is free of viruses or other
No advice or information, whether
oral or written, obtained by you from the App or otherwise from us shall create any warranty not
warranty as to Content
We do not make any warranties or
representations about or guarantee the truth or accuracy of any advertisements,
posts, listings or Other User Content on the App and we shall not be responsible for any losses occurred to
You, should you decide to place reliance on such material.
You assume full responsibility and
risk of loss resulting from your downloading and/or use of files, information,
Content or other material obtained from the App.
Subject to other provisions as
not be liable to you for any indirect or consequential losses or
damages, costs, expenses or other claims for consequential compensation in
contract, tort (including negligence) or otherwise arising out of or in
connection with this Agreement or functioning of the App or for any direct or indirect loss of data, loss of
savings, loss of business and/or loss of profits resulting from:
i. the use, disclosure, or display of your Content;
ii. the use or the inability to use the App for any reason;
iii. reliance by You on information featuring on the App that is obtained from public sources or third parties,
including other users of the App;
iv. any security breach or any virus, bug, unauthorized intervention,
defect, or technical malfunctioning of the App;
v. the cost of procurement of substitute goods and services resulting
from any goods, data, information or services purchased or obtained or messages
received, or transactions entered into through or by use of the App;
vi. statements or conduct of any third party on the App including that of other users of the App, such as defamatory statements or misleading and
vii. unauthorized access to your Account by third parties or conduct of
Patients or Other Users that we don’t have any control upon
any Medical Practitioner/ Health
Care Provider or Other User interactions that you input or receive through your
use of the App; or
ix. for any amounts that exceed 100 SGD.
We shall not be responsible or
liable for failure to carry out any of its obligations under this Agreement or the functioning of the App if failure is
caused by (1) Acts of third parties those attributable to You, Medical Practitioner/
Health Care Provider or Other Users, (2) the
negligence or intentional acts or omissions attributable to You, Medical Practitioners/ Health Care Provider or Other Users, (3) Any other cause
which cannot be attributed as our acts or omissions.
Our liability is limited
to whether or not we have been informed of the
possibility of such damages, and even if a remedy set forth in this TOU is
found to have failed of its essential purpose. We will have no liability for
any failure or delay due to matters beyond our reasonable control.
Notwithstanding the above, in any
case, in any case, our maximum liability shall be equivalent to and in no event
shall our liability exceed 100 SGD. Remedies under this Agreement are exclusive and limited to
those expressly described in this Agreement.
You shall indemnify us in case
we face any injury due to any acts or negligence
attributable to You or your authorised Users.
Each party agrees to indemnify, keep
indemnified, defend and hold harmless the other Party and its directors,
officers, employees, assigns and agents against any and all losses, expenses,
claims, costs and damages suffered, directly or indirectly, arising out of, or
which may arise in connection with (i) any misrepresentation or any breach of
any representation or warranty contained in this Agreement; (ii) any breach of
or non-compliance with any covenant or any other term of this Agreement; and
(iii) any claims, demands, suits, litigation and proceedings of any nature in
respect of such indemnifying Party’s commitment under this Agreement.
We reserve the right, at our sole
through the App; provided that no
such modification shall include reduction of Your rights or our obligations.
By continuing to access or use the App after the effective date of modifications to these TOU
that do not include a reduction in your rights or our obligations hereunder,
you agree to be bound by such modifications.
a. You agree to receive electronically all communications,
agreements, documents, notices, and disclosures that we provide in connection
with the App. We may connect
and communicate with you in a variety of ways, including by e-mail, text, in-App notifications, or by posting them through the App. You agree that all such communications that we provide to
you electronically satisfy any legal requirement that such communications be in
b. Notices to us shall be addressed as follows: