GENERAL TERMS AND CONDITIONS OF HEAPS’S WEBSITE

Welcome to the website of Heaps Global Health Holdings Pte. Ltd., (“HEAPS”), Heaps Health Solutions India Private Limited (Indian Subsidiary), and thank you for using our services (“Services”).

By using HEAPS’s Services, you as the user (“User”) are agreeing to these General Terms and Conditions (the “Terms”). Please read them carefully.

Some of our Services are subject to additional terms. Additional terms will be available with the relevant Services and those additional terms become part of your agreement with HEAPS if you use those Services.

If you are using HEAPS, then these Terms of Usage are applicable to you and you warrant that:

• You are of 18 years or above OR of appropriate legal age as defined by the home and destination country (if applicable)
• You are not and shall not violate any applicable law or regulation within the home and destination country (if applicable);
• All information (personal and medical) submitted on HEAPS is correct and accurate; HEAPS is not responsible for an incorrect diagnosis, treatment, recommendation, etc. provided by the service providers based on the information provided by you
• You are prohibited from decompiling, reverse engineering, or disassembling HEAPS
• You may not modify any content including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos of HEAPS, unless you have the permission from HEAPS in written to modify the content;
• The user shall ensure that access to HEAPS is in no way harmful or detrimental to HEAPS
• The user shall take utmost care so as to avoid the transmission of virus, malware, phishing software, or any other malicious software / programme

We may modify or terminate any portion of HEAPS for any reason, with or without notice and without liability to you or any third party. To keep a track of any such changes, we recommend you to review these Terms of Usage periodically.

Scope of HEAPS’s Services

HEAPS operates AI powered platforms for healthcare and wellness services provided in collaboration with healthcare service providers including but not limited to hospitals, wellness centres, insurance companies, corporates, diagnostics centres, pharmacies and clinics (“Service Providers”) The services may be provided by the Service Providers and may be availed by the user from service providers as well.

By Using HEAPS, the user agrees to share health information with HEAPS and this information may be further disclosed to service providers as required.

HEAPS discloses details and information on Service Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although HEAPS uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can HEAPS be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.

HEAPS is a communication channel between the user and the service provider. The user may use HEAPS to enquire about various services provided by the service provider and may also book the service via HEAPS. HEAPS is not responsible for any choice made by the user and it is at the sole discretion of the user to enter avail the services from a particular service provider. The user is responsible for obtaining all possible information regarding the service and the service provider from all possible sources. HEAPS does not assume any rights, obligations or liabilities vis-a-vis the User out of a contract concluded between a Provider (or another third party) and the User. HEAPS is not responsible for any deficiencies in the contract or the services as provided by the service provider.

No Liability for HEAPS

HEAPS does not accept any responsibility for any service, quotation or promise as provided by any service or third party provider. HEAPS shall try at all times, but is not responsible for any correctness, completion and updating of any information provided by service providers or any other third parties on the website / app.

The user, at all times, shall make an effort to ensure that appropriate information has been provided to the service provider so that the service provider may provide the best recommendation / service. HEAPS does not assume any responsibility for any miscommunication / misunderstanding between any parties.

The user and service provider shall mutually agree on any recommendation or treatment for the user or any other member. HEAPS shall in no way be responsible for any loss / damage.

The service provider shall provide a quote for the service which may be revised by the service provider based on the actual examination of the case or depending on the developments in the case. HEAPS shall not be responsible for any changes in the quotation made by the service provider.

HEAPS is not responsible for negligence / misinformation of any kind provided by the service provider. HEAPS shall not be responsible for the correctness of service

To the fullest extent permitted by applicable law, in no event shall the HEAPS parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or content from the services (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the HEAPS parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. In no event shall the HEAPS parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Cancellation Policy

Once confirmed, the user is bound by the cancellation policy as followed by the service provider or the third-party provider. The user and service provider may mutually agree to terms of cancellation if and when required.

Refunds and Cancellations for Parental Care Platform -
There will be no refund on cancellation of membership.

Additional Services

HEAPS shall provide additional services which shall be facilitated by a third-party advisor. For purchase of such services, the user shall have to make a prior payment to HEAPS upon which HEAPS shall proceed with a request for purchase of the service from a third party.

Alternatively, HEAPS may also introduce the user to a third party who may provide the required services.

In no case shall HEAPS be held responsible for any service to be provided by the third party. HEAPS shall try to conduct a prior check for the third-party, however, the user is expected to conduct a prior research about the service and service provider before purchase of such services. HEAPS shall not be responsible for any deficiency in service or any fraud, mishap, misconduct by the service provider or the service provided thereof.

For any queries regarding the service, the user is expected to contact the service provider directly

The cancellation policy for the service shall be as followed by the service provider.

Indemnification

You agree to indemnify, defend, and hold harmless the HEAPS Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Data Privacy

All content of HEAPS’s website is protected by copyright and intellectual property rights. All rights relating to the intellectual property in the website (including pictures, graphics, names, logo, software, sound, trademarks, etc) belong either to HEAPS or other service providers. The user is not granted any right for use of any material from the website or any communication with HEAPS / service provider for any use except personal use. Copying content from the website, including but not limited to download, is strictly prohibited.

Validity and Change of the Terms

HEAPS reserves all rights to amend, add or delete any clause as mentioned above.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Singapore. The place of jurisdiction shall be exclusively in Singapore.