Terms Of Use - Mobile App

 
Last Updated: 30.06.2020

These Terms of Use (“TOU” or “Terms”) contain the terms and conditions upon which EZIOM International Pte. Ltd. and Ouch Inc, (“we” or “us” or “our”), provide to our users with access and use of our:

(i) Our Mobile Application (“App”) - Ouch , that allows users to manage medical appointments

(ii) The tools and services are are accessible via the App.

(iii) The configuration and setup services offered by us, and

(iv) Our customer interface channels.

All of the above are hereinafter collectively referred to as the “App Services”.

These TOU, 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.

By 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.

Any 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 Terms of Use.

1. Definitions

a. “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.

b. “Account Information” is the information submitted during registration of your Account and thereafter entered into your Account.

c. “App” 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.

d. “Appointment” means the appointment made by you through the OUCH mobile app.

e. “Authorized 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.

f. “Content” means all information that is entered into by You, your authorised users or Other Users, and includes any communications, messages, etc.

g. “Device” means an iOS or Android mobile device and/or tablet.

h. “Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights.

i. “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.

j. “Patient” means an individual, seeking to utilise the App for the purpose of booking an appointment, either on their own or through an authorised user.

k. “Registration Process” means the registration process required to be completed in order to create an Account.

l. “Term” means the time period beginning from the date on which you have signified your acceptance to these Terms of Use.

m. “You” means the Patient and or User, that has Registered an account and uses our App and other App Services.

2. Permission to access and use the App

a. 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 terms of this Terms of Use and upon completion of the Registration Process. We reserve all other rights including the intellectual property rights in the App’s name, trademarks, copyrights, content and any other intellectual property.

b. 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.

c. 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.

d. In addition to these Terms of Use, you hereby also agree to abide by the Privacy Policy pertaining to the App.

e. 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, update or share any information that violates these Terms of Use of the App.

f. You may access the App using a single Account via multiple access points. You may book appointments for multiple patients through your Registered Account.

g. 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.

h. 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 payments.

i. 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.

3. Registration of Account and Account Information

a. 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.

b. 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.

4. Relationship between You and Us

a. 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.

b. 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 of us.

5. Acceptable Usage of the App and Restrictions

a. 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.

b. While using the App or App Services, You shall not, and not permit anyone to attempt to or otherwise do any of the following:

i. Cancel or reschedule the Appointment without good reason;

ii. Infringe any laws applicable to You, third-party rights or our policies.

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 content;

vi. remove any copyright, trademark or other proprietary rights notices contained in or on the App;

vii. Rent, 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.

viii. 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;

xiii. 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.

xvii. copy, modify or distribute rights or content from the App or its copyrights and trademarks; or

xviii. use the App to facilitate money exchange including, but not limited to, cryptocurrency.

c. 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.

d. 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.

6. Pricing and Payment Policy

a. 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.

b. 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.

i. Payment 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.

ii. Online Payment Mode (Credit Cards, Debit Cards, Net Banking)

1. We accept payments through modes of online payment. All online payments have to be made at the time of the appointment.

2. We have third Party affiliates who process financial transactions on our behalf, kindly read their terms https://stripe.com/payment-terms/legal.

3. You 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.

c. 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 regard.

7. Cancellations and Refunds

a. Cancellation

i. We shall verify your request for cancellation. All requests for cancellation shall be accepted at our sole discretion.

ii. You may cancel your normal appointment within the allowed hours of booking it by using the cancel option available on the App.

iii. A confirmed appointment may be cancelled and rescheduled for a future date. Should such cancellation occur, you shall be notified at the earliest.

b. Refund

i. 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.

ii. No refund shall be given for a rescheduled appointment.

iii. All refund requests have to be made within 7 days of cancellation of the appointment.

iv. All refunds are subjected to cancellation charges.

v. All payments made towards the appointment shall be refunded to you through the same mode of payment used at the time of booking the appointment.

vi. 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.

8. Ownership of Intellectual Property Rights of the App and Content

a. 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.

b. 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.

c. 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.

d. You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the App.

e. 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.

9. Communications with other Users

a. 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.

b. 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 purposes.

10. User Submissions (Reviews, Ratings etc.)

a. User submissions are an essential tool in determining the credibility and goodwill of a Medical Practitioner/ Health care provider listed on the App.

b. You 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 prejudice.

c. You may only review and rate the profile of the Medical Practitioner/ Health Care Provider whose services you have availed.

d. We do not verify and confirm every review made, but we do maintain a verification procedure in case the genuineness of a review is questioned.

e. All submissions made on the app shall remain the property of OUCH.

f. You 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.

g. If 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.

11. Disputes with Medical Practitioner/ Health Care Provider

a. 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 have.

b. 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 the matter.

12. Disputes with Us

a. 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 admin@ouchinc.com

b. For any claim, we may elect to resolve the dispute through alternative dispute resolution methods such as negotiation, mediation or arbitration.

c. All claims you bring against us must be resolved in accordance with the terms of these Terms of Use. All claims 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 claim.

d. 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.

13. Closing, Suspension and Termination of Your Account

a. This Agreement shall remain in the effect from the date of registration of the Account until termination by cancellation or suspension of the Account.

b. If You wish to delete your Account, you must do so through the option provided for through the App or contact our team at admin@ouchinc.com. Please note that once You delete your Account, it cannot be revived and all your Content will be permanently removed from our servers.

c. 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.

d. 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.

e. 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 Property, Indemnity.

14. Confidentiality between You and Us

a. All “Confidential Information” disclosed by you to us that is designated in writing as confidential as well shall not be used or disclosed for any purpose outside the scope of these TOU and our Privacy Policy, except 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.

b. 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.

c. 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 the our obligations under these Terms of Use and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this TOU.

d. You shall not disclose our Confidential Information to any third party without our prior express consent to disclose such information.

e. 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.

f. 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.

15. Confidentiality between You and Medical Practitioners / Health Care Providers


a. 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.

16. Listing Policy on Ouch

a. We 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.

b. We 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.

17. Disclaimer of Warranty

a. 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 and non-infringement.

b. 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 harmful components.

c. No advice or information, whether oral or written, obtained by you from the App or otherwise from us shall create any warranty not expressly stated in this Terms of Use.

18. No warranty as to Content

a. 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.

b. 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.

19. Limitation of Liability

a. Subject to other provisions as mentioned in this Terms of Use, we shall 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 fraudulent advertisements;

vii. unauthorized access to your Account by third parties or conduct of Patients or Other Users that we don’t have any control upon

viii. 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.

b. 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.

c. 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.

d. 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.

20. Indemnity

a. You shall indemnify us in case we face any injury due to any acts or negligence attributable to You or your authorised Users.

b. 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.

21. Modifications

a. We reserve the right, at our sole and reasonable discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments, and notify you through the App; provided that no such modification shall include reduction of Your rights or our obligations.

b. 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.

22. Contact Us

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 writing.

b. Notices to us shall be addressed as follows:

Email: anil.kumar@ouchinc.com