Terms

Last Updated: May 29, 2021

If you are experiencing a critical or medical emergency, please seek emergency medical help from a hospital or an ambulance by calling 995 immediately. This platform is not suited for emergency medical situations. Please read our Terms of Use carefully before using our services or website.

1. GENERAL TERMS AND CONDITIONS

These terms of use (the “Terms”) describe your rights and responsibilities with regard to the Siena website and mobile application (the “Platform”) owned and operated by Siena Health. In these Terms, “we”, “our”, “us”, “Ark”, “Ark Health”, “Siena” and “Siena Health” collectively refer to Navisteps Pte. Ltd. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood and agreed to be legally bound by and comply with these Terms and our Privacy Policy. You also agree to be bound by any additional terms and conditions that are referenced herein or that otherwise may apply to the use of the Platform.  If you do not accept and agree to be bound by the Terms, you are not authorized to access or otherwise use the Platform.

You agree and consent to Siena, Siena affiliates or certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your registered contact number, registered address and email address.

2. INTRODUCTION OF SIENA

The Platform is intended to facilitate the provision of services (the “Services”) to registered users. The “Services” may include:

  1. providing users with information on health care and wellness (“Content”);
  2. development and, gathering of health care records and health care information with retention of the same for use in health care provider appointments communications, and scheduling arrangement of pharmacy services;
  3. administrative support in connection with scheduling, payment for health care provider services, payment for prescription medications and non-prescription products, and payment for diagnostic testing services;
  4. telecommunications support for using the Services as a means of direct access to health care providers provided; and
  5. delivery of products and medications through logistic services;

by Siena and health care providers associated with Siena and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care providers.

3. CHANGES TO TERMS

We reserve the right to change these Terms at any time by updating them on the Platform without liability to you or any third party. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms, which is indicated by the “Last Modified” date above. By continuing to access and use the Platform, you agree to be bound by the changed Terms. We may change, suspend, discontinue, or restrict access to the Platform without notice or liability. 

4. ELIGIBILITY

In order to use the Services through the Platform, you represent and warrant that:

  1. You are at least 18 years of age or older.
  2. You live in Singapore.
  3. You are legally capable and permitted to accede to these Terms of use.
  4. You must have compatible computing and/or mobile devices and access to the Internet, in order to use the Platform. Fees may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, Siena and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

5. SPECIAL CONSENT FOR TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

(a)  Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;

(b)  Interactions between a patient and health care provider via audio, video, and/or asynchronous data communications; and

(c)  Use of output data from medical devices, sound, and video files.

By registering as a User and accessing the Platform, you understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to you. You understand that while the use of telemedicine may provide potential benefits to you, as with any medical care service no such benefits or specific results can be guaranteed. Your condition may not be cured or improved, and in some cases, may get worse. You acknowledge and agree to this Telehealth Consent and a record of your acknowledgement will be retained in the medical record of the health care provider and professional entity providing such Services.

6. DESIGNATED REPRESENTATIVE

As applicable, you designate Siena as your designated representative to collect your prescription from the dispensing pharmacy and send your prescription to you at your designated address in our system.

7. USER DATA AND RIGHTS

The Services are available only to users who have registered with Siena and to other persons affiliated with Siena who have been granted accounts by us. Siena will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

You grant Siena, our service providers, our successors and assignees, and health care providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit through the Platform for the purposes of providing the Services to you.

You understand and agree that any user data provided to the Platform may be used, copied or displayed by Siena, and we may provide such data to our service providers, our successors and assignees, and health care providers in order to provide the said Services.

8. LICENSE, OBLIGATIONS, INDEMNITY & PROHIBITED ACTIVITIES

Subject to your compliance with this Terms of use, we grant you a limited, revocable, non-exclusive, non-transferable license to view, access, download and use the Platform solely for your own personal use.

By using this Platform, you agree to provide accurate, current and complete information in your communications with us, and to promptly update any change of information as required so that the information provided remains accurate, current and complete.

Users are required to keep their user access identity and password confidential and secure, and access to the platform is only for individual personal use. You are not to share your account information with anyone, or create multiple accounts. Should you become aware of any unauthorised use of your account, please change your password promptly and also notify us by sending an email to [email protected].

To the extent permitted by applicable law, you agree to indemnify and hold harmless Siena and its shareholders, employees, directors, business partners and suppliers against any and all third-party claims, demands, liabilities, costs or expenses, including legal fees, arising from or related to any breach of these terms by you.

You agree not to damage, harm or misuse the Platform infrastructure and content. You also agree not to engage in any inappropriate or undesirable activities including but not limited to the following: 

  1. using this Platform or its contents for any commercial purpose without our knowledge and/or consent; knowingly providing false or inaccurate information;
  2. unauthorised misuse of another person’s identity or information;
  3. sharing accounts or passwords;
  4. making any false, or fraudulent doctor’s consult;
  5. accessing, collecting, monitoring and/or harvesting data or any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any unauthorised purpose;
  6. violating the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
  7. taking any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  8. reverse engineering and disassembling any of the Software and code used in the Platform or in the provision of our services;
  9. reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling or participating in any sale of, or exploit in any way, in whole or in part, any such content for commercial use;
  10. inserting malware and/or using our Software to spread malware;
  11. posting or transmitting any information or conducting any activity that is illegal, defamatory, obscene, or racially or sexually offensive;
  12. deep-linking to any portion of this Platform for any purpose without our express written permission; or
  13. “frame”, “mirror” or otherwise incorporating any part of this Platform into any other website without our prior written authorization. 

Any violation of the above prohibitions would constitute a breach of the Terms and result in termination of your account. Such suspension or immediate termination shall be without prejudice to any other rights or remedies then or thereafter available to us at law. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us, including litigation costs and damages. To contest the suspension or termination of your account, please contact us at [email protected]

9. INTELLECTUAL PROPERTY RIGHTS

The Platform and its functionality, features, content and code are and will remain the exclusive property of Siena and our licensors. We are protected by copyright, trademark, and other laws of Singapore on intellectual property rights. Our trademarks are not to be used in connection with any product or service without our prior written consent.

10. DISCLAIMER AND LIMITATION OF LIABILITY

We disclaim all warranties and conditions that this Platform, its servers or any email sent from Siena are free of viruses and/or malware. By accessing the Platform, you acknowledge and agree that in no event shall Siena nor its employees, directors, business partners and suppliers be liable for any direct, indirect, incidental, special, punitive or consequential damages resulting from your access to, use of, or inability to access this Platform. 

For the avoidance of doubt, Siena does not take responsibility for any medical advice communicated by our affiliated health care providers and third parties through this Platform. Siena will not be liable for any actions of the health care providers and third parties of their failure to meet obligations and responsibilities in performing the services as independent contractors.

If you are dissatisfied with any portion of the Platform or with any provision in these Terms of use, your sole and exclusive remedy is to terminate the Terms and discontinue your access to the Platform.

To the extent our liability cannot be excluded but can be limited, the total liability of Siena and its related parties for any claims is limited to One Hundred Singapore Dollars (SGD 100).

11. FINANCIAL TERMS

You understand and agree that the use of the Platform may result in fees to you for the services you receive from Siena and its affiliated health care providers. You also understand that there will be additional charges for medications and products, and you agree that you are responsible for all fees due and to pay these fees. By entering your payment details and submitting your request, you authorize us, our affiliates, or our third-party payment processor to charge the amount due. You agree there will be no refund for medical consultation fees and we are not able to accept returns of prescription medications, all sales are final. In the case where we have mistakenly made an error in the filling of your prescription, please email us at [email protected] immediately.

In the event that Siena, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Siena and/or the health care provider have no obligation to provide any services unless full payment has been received and verified.

12. PRIVACY

Please see our Privacy Policy, which explains the use of information obtained by the Platform, and is incorporated by reference in this Agreement and Terms of use.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed in accordance with the laws of Singapore. Any claims or disputes arising out of or relating to the use of this Platform shall be subject to the exclusive jurisdiction of the courts of Singapore. Use of this Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. If any part of these Terms is found to be invalid, illegal or unenforceable by a court, the validity of the remaining provisions will not in any way be affected or impaired. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. 

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause.

14. GENERAL

No delay by Siena in exercising any right or remedy under these Terms shall operate as a waiver of such right, nor will any single or partial exercise of any right or remedy under these Terms preclude any other or further exercise thereof or the exercise of any other right or remedy. If any provision in these Terms shall be, or at any time become invalid or unenforceable in any respect, such invalidity or unenforceability shall not in any way affect or impair any other provision of these Terms.

You shall not assign, transfer or subcontract, or purport to assign, transfer or subcontract, any of your rights, interests or obligations under these Terms without the prior written consent of Siena. We shall be entitled to assign, transfer or subcontract any or all of its rights, interests and obligations under these Terms to any third party without your prior written consent.

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce or enjoy the benefit of any provision of these Terms.

15. CONTACT INFORMATION

If you have any questions or concerns, please contact [email protected].