TERMS AND CONDITIONS
Last updated July 31, 2023
AGREEMENT TO OUR LEGAL TERMS
We are IGAKU PTE LTD, a company registered and headquartered in Singapore at 1 Scotts Road, #24-10 Shaw Centre Singapore, 228208 with subsidiaries and franchisees registered in Indonesia, collectively known as IGAKU (“Company,” “we,” “us,” “our”)
We operate the website https://www.igaku.co (the “Site”), the web application https://app.igaku.co, the mobile application IGAKU (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
We provide a platform to allow the use and purchase of services such as telemedicine and healthcare plans as well as the purchasing of physical healthcare goods (such as DNA test kits).
For Singapore enquires, you can contact us by phone at +65 8469 3173, email at email@example.com, or by mail to 1 Scotts Road, #24-10 Shaw Centre Singapore, Singapore 228208.
For Indonesian enquires, you can contact us by phone at +62 852-1169-9568, email at firstname.lastname@example.org, or by mail to Blok PA, Jl. Boulevard Raya No.1, RT.3/RW.14 (lantai 3), Pegangsaan Dua, Kelapa Gading, email@example.com, North Jakarta City, DKI Jakarta 14250, Indonesia.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and IGAKU PTE LTD or its subsidiaries and franchisees, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services unless they are directly supervised by their legal guardian.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual property:
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your use of our Services:
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: firstname.lastname@example.org. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions:
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our “PROHIBITED ACTIVITIES” section below and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT INFRINGEMENTS” section below.
By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and other product details are accurate, complete, reliable, current, or error-free.
TERMS AND CONDITIONS
1. GENERAL INFORMATION
Welcome to our website. These Terms and Conditions govern your use of the website. By accessing and using the website, you agree to be bound by these terms. If you disagree with any part of these terms, you may not access the website.
2. INTELLECTUAL PROPERTY
The content on the website, including text, images, graphics, and logos, is protected by intellectual property rights. You may not use, reproduce, or distribute the content without our permission.
3. LINKS TO THIRD-PARTY WEBSITES
The website may contain links to third-party websites. We are not responsible for the content of these websites or any damages caused by their use.
We strive to provide accurate and up-to-date information on the website. However, we cannot guarantee the accuracy, completeness, or reliability of the content. Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we reserve the right to discontinue products or change prices at any time.
5. PURCHASES AND PAYMENT
We accept various forms of payment, including Visa, Mastercard, PayNow (Singapore), Qris (Indonesia), and Bank Transfer (Indonesia). You agree to provide accurate purchase and account information and update it as needed. Sales tax will be added to the price of purchases. Payments will be in Singapore Dollars or Indonesian Rupiah. We may correct pricing errors even after payment.
6. PROHIBITED ACTIVITIES
You may only use the Services for their intended purpose. Do not retrieve data for unauthorized purposes or attempt to gain sensitive account information. Do not disable security features or harm our reputation or the Services.
7. RETURN POLICY
All sales are final, and no refunds will be issued.
8. LIMITATION OF LIABILITY
We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the website or any third-party websites.
You agree to indemnify us from any claims, losses, or damages resulting from your use of the website or violation of these Terms and Conditions.
We may update these Terms and Conditions at any time without notice. It is your responsibility to check for updates.
11. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of Singapore.
12. CONTACT US
If you have any questions or concerns about these Terms and Conditions, please contact us.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- PayNow (Singapore)
- Qris (Indonesia)
- Bank Transfer (Indonesia)
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Singapore Dollars or Indonesian Rupiah.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All sales are final, and refund will only be issued on a case by case basis.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
– Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
– Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
– Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
– Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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LICENSE AND RESTRICTIONS
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You may access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. However, you shall not:
1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.
5. Use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
6. Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
7. Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.
8. Use the App to send automated queries to any website or to send any unsolicited commercial email.
9. Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (“App Distributor”) to access the Services:
1. The license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
2. We are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law. Each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and they may refund the purchase price, if any, paid for the App. The App Distributor will have no other warranty obligation with respect to the App to the maximum extent permitted by applicable law.
4. You represent and warrant that you are not located in a country that is subject to a US government embargo or designated as a “terrorist supporting” country by the US government, and you are not listed on any US government list of prohibited or restricted parties.
5. You must comply with applicable third-party terms of agreement when using the App. For example, if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the App.
6. The App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and each App Distributor has the right to enforce the terms and conditions against you as a third-party beneficiary.
THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to Third-Party Websites as well as articles, photographs, text, graphics, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access the Third-Party Websites or use any Third-Party Content, you do so at your own risk, and these Legal Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. We do not endorse the products or services offered on Third-Party Websites, and we are not responsible for any harm caused by your purchase of such products or services. Additionally, we shall not be liable for any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right to:
1. Monitor the Services for violations of these Legal Terms.
2. Take appropriate legal action against anyone who violates the law or these Legal Terms.
3. Refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof.
4. Remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems.
5. Otherwise manage the Services to protect our rights and property and facilitate the proper functioning of the Services.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). You may be held liable for damages if you make material misrepresentations in a Notification.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason or no reason, including for breach of these Legal Terms or applicable laws. We may terminate your use or participation in the Services without notice or liability.
We may terminate or suspend your account and any content or information posted by you at any time without warning, at our sole discretion.
If your account is terminated or suspended for any reason, you are not allowed to register and create a new account using your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. Additionally, we reserve the right to take legal action, including civil, criminal, and injunctive remedies.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason without notice. However, we are not obligated to update any information on our Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice. We shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. We have no obligation to maintain and support the Services or provide any corrections, updates, or releases.
These Legal Terms shall be governed by and construed following the laws of Singapore. IGAKU PTE LTD and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.
To expedite the resolution and control the cost of any dispute related to these Legal Terms, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Singapore, Singapore. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Singapore.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. There is also no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that certain Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration. These Disputes include those seeking to enforce or protect intellectual property rights, Disputes related to allegations of theft, piracy, invasion of privacy, unauthorized use, and claims for injunctive relief. If this provision is found to be illegal or unenforceable, then such Disputes shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
THE ENTIRE LIABILITY OF IGAKU PTE LTD AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE LEGAL TERMS AND YOUR USE OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER THIRD-PARTY PROVIDER OF ANY PRODUCTS OR SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR THESE LEGAL TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
THESE LIMITATIONS AND DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE LEGAL TERMS OR YOUR USE OF THE SERVICES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Services or your breach of (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that your electronic signature provided in connection with any transaction or agreement entered into through the Services is valid and binding. Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
IGAKU may offer video consultation services for the provision of remote medical consultations, mental wellness consultations and other health and wellness services (“Remote services”)
IMPORTANT: DO NOT USE THE VIDEO CONSULTATION FUNCTIONALITY ON THE APPLICATION FOR A MEDICAL EMERGENCY. If you are experiencing a medical emergency, please consult a doctor in person or call the emergency medical services number of your country immediately.
Our Service connects you with licensed healthcare professionals, including doctors, nurses, and other medical practitioners (“Medical Professionals”). Medical Professionals providing services through our platform are independent healthcare providers solely responsible for the medical advice and treatment they provide.
The Service allows you to schedule telemedicine consultations with Medical Professionals for non-emergency medical conditions. Telemedicine consultations are conducted via secure video or audio communication.
Use of Third-Party Providers
We may utilize third-party e-pharmacy, laboratory, or delivery services to facilitate prescriptions, lab tests, or delivery of medications, as necessary. Your use of these third-party services is subject to their respective terms and conditions.
No Emergency Services
The Service is not for medical emergencies. If you are experiencing a medical emergency, call your local emergency services number immediately.
Telemedicine consultations have certain limitations compared to in-person visits, including the inability to conduct physical examinations. Medical Professionals will make decisions based on the information you provide and may recommend in-person evaluation when necessary.
MEDICATION DISPENSING AND DELIVERY SERVICE
1. Third-Party Involvement:
a. Our Medication Dispensing & Delivery Service (“Medication Service”) may, from time to time, utilize third-party e-pharmacies, delivery companies, or other partners to facilitate the dispensing and delivery of medications to our customers.
b. While we strive to collaborate with reliable and reputable third-party entities, please note that their services are subject to their own terms and conditions, privacy policies, and practices. We encourage you to review the terms of these third parties before engaging with their services.
2. Order Processing and Delivery:
a. The processing and delivery of medication orders placed through our Service may involve coordination with third-party entities. As a result, delivery times, availability, and fees may vary depending on your location and the specific third-party service involved.
b. While we make every effort to ensure timely and accurate delivery, we shall not be liable for any delays, errors, or damages caused by third-party e-pharmacies, delivery companies, or partners.
3. Medication Quality and Authenticity:
a. We are committed to ensuring the quality and authenticity of the medications dispensed through our Service. We only collaborate with licensed and accredited e-pharmacies and suppliers.
b. If you have any concerns about the quality or authenticity of the medication received, please contact our customer support team immediately.
4. Personal Information and Privacy:
a. When utilizing our Service, you may be required to share personal information with third-party entities involved in the medication dispensing and delivery process.
5. Service Modifications and Limitations:
a. While we strive to provide a seamless and reliable Service, there may be circumstances beyond our control that could impact the availability or performance of our Service and the involvement of third parties.
b. We reserve the right to modify, suspend, or terminate our Service, including its third-party components, without prior notice. We shall not be liable for any losses or damages arising from such modifications or interruptions.
6. Compliance with Applicable Laws:
a. Our Service, including the involvement of third-party entities, shall comply with all applicable local laws and regulations related to medication dispensing, delivery, and privacy.
b. We encourage you to comply with local laws and regulations when using our Service and any associated third-party services.
By using our Medication Dispensing & Delivery Service, you acknowledge and agree to the above terms and conditions, including the involvement of third-party e-pharmacies, delivery companies, or partners. If you do not agree with any of these terms, please refrain from using our Service.
IGAKU may offer standard laboratory tests including but not limited to blood tests, urine tests, NIPT (Non-Invasive Prenatal Testing) and DNA testing through a network of partner laboratories.
DNA Test Kit Purchase and Processing
By purchasing a DNA test kit (“Kit”) from IGAKU, you agree to the following terms and conditions. The Kit is intended for personal use. The Kit contains materials for collecting a DNA sample, which will be processed by our partner laboratories (“Partner Labs”) to generate genetic data. Once you have ordered a DNA test kit, it will be shipped to the address you provide. Please follow the instructions included in the kit to collect and return your DNA sample.
Partner Lab Services
By Purchasing lab services other than DNA test kits you agree to the following terms and conditions, your samples will be processed by our partner laboratories. The timeframes for processing and delivering the results may vary depending on the specific test.
Accuracy and Results
While our Partner Labs strive to provide accurate and reliable results, the outcome of the laboratory services may vary based on factors such as sample quality and other variables. IGAKU makes no guarantees regarding the accuracy, completeness, or reliability of the test results. The genetic information obtained through the Kit is for informational purposes only and should not be considered as medical advice.
Privacy and Data Security
Limitation of Liability
In no event shall IGAKU, its officers, directors, employees, or Partner Labs be liable for any indirect, incidental, consequential, or punitive damages arising from the use or misuse of the laboratory services, including but not limited to damages for loss of data, profits, or business opportunities. Our total liability, if any, shall not exceed the amount paid by you for the laboratory services.
Customers are advised to seek the guidance of a healthcare provider before making any medical decisions based on the laboratory test results.
The laboratory services provided by IGAKU are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Customers should always consult a qualified healthcare professional for any medical concerns. Any decisions based on the laboratory test results should be made in consultation with a healthcare provider.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:
IGAKU PTE LTD (IGAKU Singapore)
1 Scotts Road, #24-10 Shaw Centre Singapore 228208
Phone: +65 8469 3173
PT INOVASI JAYA UTAMA (IGAKU Indonesia)
Blok PA, Jl. Boulevard Raya No.1, RT.3/RW.14 (lantai 3), Pegangsaan Dua,
Kelapa Gading, North Jakarta City, Jakarta 14250, Indonesia
Phone: +62 852-1169-9568