The Site is owned and operated by TheraSmart.
The materials located on this Site, including the text, information graphics, audio, video, as well as any software programs available on or through the Site (collectively “Content”), are protected by copyright, trademark and other forms of proprietary rights. Unless expressly stated, all rights, title, benefit and interest in the Content are owned by, licensed to or controlled by TheraSmart.
Restrictions on Use of Content
Unless otherwise stated, all information made available on this Site are the property of TheraSmart and may not be disclosed, disseminated, or distributed to any unauthorized party. Except as otherwise permitted by TheraSmart, the Content must not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed or used in any way, without the prior written permission of TheraSmart.
Modification of any of the Content or use of the Content for any other purpose will be a violation of copyright and other intellectual property rights of TheraSmart. Graphics and images on the Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners and TheraSmart.
You agree not to use any device, software or routine to interfere, attempt to interfere with, or disrupt the proper operation of the Site or the integrity or performance of the data or software accessible on or through the Site. In particular, you agree not to:
- post, transmit or otherwise make available through or in connection with the Content any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs;
- remove any copyright, trademark or other proprietary rights notice from the Content;
- frame or mirror any portion of the Services, or otherwise incorporate any portion of the Content into any product or service;
- systematically download and store any part thereof of the Content;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any part thereof of the Site or the Content; or
- reproduce or circumvent the navigational structure or presentation of the Site or the Content.
Disclaimer of Warranties and Liability
The Content is provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. TheraSmart specifically disclaims implied warranties of title, fitness for a particular purpose, expectation of privacy, non-infringement of intellectual property or other violation of rights. To the fullest extent permitted by law, TheraSmart does not warrant and hereby disclaims any warranty:
- as to the accuracy, completeness, correctness, reliability, currentness, timeliness, non-infringement of the Content;
- that the Content is free from any technical, typographical, photographic or any other errors or omissions;
- that the Content or any functions associated with the Site will be uninterrupted or error-free, or that any errors or defects will be corrected or that the Site, the Site server and the Content are and will be free of all viruses, other malicious, destructive or corruption code/programme and / or other harmful elements.
TheraSmart shall also not be liable for any damage or loss of any kind, howsoever caused as a result (direct or indirect) of the access or use of the Site, including but not limited to any damage or loss suffered as a result of reliance on the Content.
The Content does not constitute medical, legal or professional advice. If medical, legal or other professional advice is required, services of a competent professional should be sought. In particular, we may make available general medical, therapy, coaching and other related information on the Site. These materials are for informational and educational purposes only and do not constitute professional advice, diagnosis or treatment. You assume full risk and responsibility for the use of information you obtain from or through this Site, and you agree that TheraSmart is not responsible or liable for any claims, losses, costs, damages, demands, proceedings, liabilities and expenses that you may incur or suffer, in connection with or arising from any use of the information.
TheraSmart reserves the right to update or modify the Site and the Content from time to time without notice.
TheraSmart further reserves all rights to deny or restrict access to the Site, the Content and/or any parts(s) thereof to any particular person (whether such person is a subscriber or otherwise), or to block access from a particular Internet address to the Site, at any time, for any reason whatsoever and without ascribing any reasons whatsoever.
Links from the Site to Other Sites
The Site may contain hyperlinks to websites which are not produced or maintained by TheraSmart. TheraSmart makes no representation and is not responsible for the content of those websites and shall not be liable for any damages or losses arising from access to those websites. Any content, services, representations made on such websites are solely the responsibility of the operator of those websites and TheraSmart assumes no responsibility for any content, the operation or the services provided thereon. Use of the hyperlinks and access to such linked websites are entirely at your own risk.
All hyperlinks to other websites are provided as a convenience to you as a user of the Site. In no circumstances shall TheraSmart be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the Site is linked.
Links to the Site from Other Sites
In no circumstances shall TheraSmart be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites that link to the Site or any part(s) thereof or any of the Content.
TheraSmart reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Site or any of the Content
Specific Terms and Conditions of Use by Clients of Practitioners
The terms and conditions contained in this Clause are applicable to the prospective, current and/or previous clients (“Clients”) of the practitioners who are registered with TheraSmart or have subscribed to TheraSmart for the use of our services (“Practitioners”).
(a) General Information & Registration
To register, you must be 18 years old and above and must complete the registration process, which includes completing the questionnaire and medical history form, as well as uploading any medical reports where applicable. You confirm that all information provided by you, in particular your medical information, are true, accurate, correct and up to date.
You are responsible for the confidentiality of your username and password and shall take ownership of all activity and transactions under your account.
(b) Restriction, Suspension or Deletion of Account
We shall have the right to restrict, suspend or delete your account or access to the Site at any time at our sole discretion for any reason or no reason. Where such restriction or suspension is due to planned downtimes for maintenance of the Site and the Content, this will be communicated in advance on or through the Site.
(c) Use of Site
You agree that you will not:
- use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, tortuous, obscene, indecent or unlawful topic, name, material or information;
- upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
- use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- violate any applicable laws or regulations; or
- create a false identity for the purpose of misleading others.
You acknowledge and agree that:
- you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
- information provided by you or your Practitioner will be used for the provision of services by the Practitioner to you, including but not limited to scheduling appointments, notification of any promotional and marketing materials, notifications of treatment plans and information;
- your use of the Site and reliance on the Content are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site or the Content;
- you are solely responsible for accessing and any reliance you may place on the promotions, offers and other advertising and marketing materials as provided by the Practitioners, and your dealings or communications with the Practitioners and any terms, conditions, warranties or representations associated with such dealings are solely between you and the Practitioner. We are not responsible for any loss or damage incurred as a result of any such dealings, communications or marketing or promotional materials on the Site;
- TheraSmart is not affiliated with and does not recommend or endorse any Practitioner or their services, and the appearance of materials on the Site relating to any such services is not an endorsement or recommendation of them;
- the tools provided on the Site for the booking of appointments are provided on an “as is” basis without warranties of any kind, either express or implied, and you acknowledge that we accept no liability for any failure, disruption, downtime, interruption, delay, inaccuracy, or any other non-performance of such tools;
- we reserve the right to review materials posted, to edit, refuse to post, or to remove any Content, or to terminate your access to the Site and Content in our sole discretion at any time, without notice, for any reason whatsoever;
- the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site.
- to enable the Practitioners to provide their services to you;
- to keep a record of your medical information, history and reports as provided to us by you or your Practitioners;
- for the scheduling and rescheduling of your appointments;
- for the Practitioners to share your treatment plan and other educational information with you;
- any other purpose reasonably related to the aforesaid.
(f) Limitation of Liability
We do not provide medical or healthcare services or advice of any sort, and nothing stated or posted on the Site should be interpreted as such. If you rely on any information posted on the Site or any Content, you do so solely at your own risk.
We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with your use of the Site or the Content.
(g) Representation and Warranty
You hereby represent and warrant that:
- all information provided by you is accurate, complete and up to date, including the completion of any questionnaire, medical information, history and medical reports;
- you will notify TheraSmart promptly of any unauthorised access or use to the Site or the Content.
(h) Proprietary Rights
- modify or copy the Content;
- use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software available on or through the Site;
- remove any copyright or other proprietary notations from the Content;
- transfer the Content to another person or device; or
- “mirror” the Content on any other server.
This license shall automatically terminate if you violate any of the restrictions above, breach any of the terms and conditions, or if your account or access to the Site is restricted, suspended, deleted or terminated by TheraSmart. This licence may be terminated by TheraSmart on written notice at any time. Upon termination of this licence, you must destroy any downloads or copies of the Content in your possession whether in electronic or printed format.
(j) Dispute Resolution between the Practitioners and the Clients
In the event either you or your Practitioner submits a notice of dispute to us in relation to the conduct of the corresponding party, you shall cooperate with us to resolve the dispute. You agree that we will use our best endeavours to resolve the dispute and do not guarantee that the dispute will be resolved. If we cannot resolve the dispute within thirty (30) days of our receipt of the dispute notice, then the party requesting relief may elect to resolve the dispute through other available dispute resolution.
All rights and obligations hereunder are personal to the Parties and each Party shall not assign any such rights and obligations to any third party without the prior consent in writing of us.
In the event parties are unable to resolve the dispute or differences between you and TheraSmart through the informal dispute resolution process stated above, you agree that the dispute or differences shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore Institute of Arbitrators (“SIArb Rules”) in force at the commencement of the arbitration which rules are deemed to be incorporated by reference to this Clause. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre. All arbitration proceedings shall be in the English language. The decision in writing of the arbitrator shall be final and binding on all parties.
The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
Notwithstanding the provisions of this Clause, and the arbitration provided for herein, actions initiated or maintained by either Party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either Party in any court which has jurisdiction. Actions may also be initiated or maintained by either Party where the same is relevant or necessary for such Party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
ANY ACTIONS BY YOU MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE FAILING WHICH THAT CAUSE OF ACTION SHALL BE WAIVED AND BARRED.