1 GENERAL TERMS AND CONDITIONS
1.1 By downloading and using the Application, you agree to be bound by this Agreement as posted on and accessible through the Application and our website, https://myclnq.co . 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 Application.
1.2 The Web is an evolving medium. We reserve the right to change or modify the terms and conditions of this Agreement. In the event that we change or modify the terms and conditions of this Agreement, we will publish the revised Agreement on the Application and on our website with the date of last revision duly recorded. You agree to review the latest version of the Agreement each time you use the Application so that you are aware of any changes or modifications. By continuing to use the Application following the date of the latest revision, you agree to be bound by the revised Agreement.
2 ELIGIBILITY
2.1 Eligibility. To be eligible to register for a customer user account (“Account”) with us, you must:
a) be at least 18 years of age and capable of entering into and performing legally binding contracts under applicable law;
b) have a mobile device owned and controlled by you and which meets our prevailing specifications for mobile devices; and
c) have the Application installed on your mobile device.
2.2 If you are under 18 years of age, please do not download or use the Application.
2.3 Creating an Account. When registering for an Account, you will be asked to provide us with certain information, including your name, mobile number, address and date of birth. Upon successful registration, we will provide you with an Account, accessible to you with an OTP (Onetime password).
2.4 Your Account enables you to access and use the Application on your mobile device in accordance with this Agreement. You must not transfer or share your Account or password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your Account. You must not at any time use the Account of any other person. You shall not allow a person under 18 years of age to receive the Services unless they are accompanied by you.
2.5 By registering for an Account, you represent, warrant and undertake that all information provided to us is truthful, accurate, up-to-date and complete.
2.6 Your failure to maintain accurate, up-to-date and complete information may result in your inability to obtain the Services and/or to access and use your Account and the Application, and our termination of this Agreement with you.
3 GRANT OF LICENSE
3.1 Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.
3.2 You shall not:
a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Application in any way;
b) modify, edit, copy, reproduce, create, attempt derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon the Application;
c) reverse engineer or access the Application in order to (i) design or build a competitive product or service, (ii) design or build a product using similar ideas, features, functions or graphics of the Application, or (iii) copy any ideas, features, functions or graphics of the Application;
d) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third-party or use the Application to provide time sharing or similar services for any third-party;
e) delete, alter or obscure the copyright and other proprietary rights notices on the Application;
f) violate any applicable laws, rules or regulations in connection with your access or use of the Application;
g) use the Application for any purpose for which it was not designed or intended;
h) launch an automated program or script or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Application; or
i) authorize or encourage any third party to do any of the foregoing.
4 USING THE APPLICATION
4.1 The application MyCLNQ does allow you to connect different healthcare services and act as a facilitator.
4.2 The application MyCLNQ allows you to place request only for non-emergency medical transport needs who are independent third-party service providers (“Service Providers”), for the Services.
4.3 If you are experiencing a critical or Emergency medical situation, please seek Emergency medical help (995) from an ambulance or hospital.
4.4 Geo-Location Terms: We make use of certain functionalities provided by third-parties to include maps, geo-coding, places and other content from Google, Inc. (“Google”) as part of the Application (the “Geo-Location Services”). To use the Application, you must allow the Application to use the Global Positioning System receiver installed on your mobile device to detect your location. Your use of Geo-Location Services is subject to Google’s prevailing Google Maps Terms of Use (http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s prevailing privacy policy (http://www.google.com/privacy.html).
4.5 Mobile Data: You acknowledge and agree that the use of the Application on your mobile device requires a mobile data plan, may consume a large amount of data through the mobile data plan. You agree that you are responsible for all mobile data charges you incur through your use of the Application.
4.6 Text Messaging: By creating an Account, you agree that we may send you information text messages as part of the normal business operation of your use of the Application and receipt of the Services.
4.7 Using the Services: To enable the Service Provider who has accepted your request for Services to locate you, you agree to remain at the location agreed with the Service Provider. You may be asked by the Service Provider to provide proof of identity and other relevant information (e.g. medical condition, special needs for medical transport, caregiver etc.). You agree to provide full and accurate information to the Service Provider. You acknowledge that the quality of the Services is heavily dependent on the information, which you provide to the Service Provider. You acknowledge and agree that you may be denied the Services if you refuse to provide proof of identify and other requested information to the Service Provider.
4.8 Telemedicine Services: For online video/tele consultation services, you are agreeing to comply
i) the local Ministry of Health regulation
ii) share the correct and accurate information to the doctor
iii) share the confidential health related info to the doctor/ registered medical practitioner
iv) all online consultation will be recorded and stored in encrypted form as per the country Ministry of Health regulation guidelines.
v) be punctual on time for the consultation
vi) in case of no-show for more than 15 minutes the booking will be cancelled by the doctor and there will be no refund until and unless there is a valid reason (mainly emergency case) provide by the patient with proof.
vii) Find more details on MOH Singapore guideline – https://www.moh.gov.sg/docs/librariesprovider5/resources-statistics/guidelines/moh-cir-06_2015_30jan15_telemedicine-guidelines-rev.pdf
viii ) Find more details on MCI India guideline – https://www.mohfw.gov.in/pdf/Telemedicine.pdf
4.9 By using the Services, you represent, warrant, agree and undertake that:
a) you will comply with all applicable laws;
b) you will not, in your use of the Services, cause nuisance, annoyance, inconvenience or property damage to the Service Provider or any other party; and
c) any complaint that you may have regarding the Services shall be taken up by you with the Service Provider directly.
4.10 You acknowledge and accept that the Application is a platform for access to Service Providers and we are not responsible, whether directly or indirectly, for the Services you receive or for the acts or omissions of any Service Provider you engage through the Application. You are solely responsible for any decision or selection made by you in relation to the Service Provider or the Services.
4.11 You knowledge and agree that we are not a medical or healthcare service provider. If an emergency or urgent medical situation arises, you understand that you should immediately seek emergency medical care at a hospital.
4.12 In the event of dispute between you and the medical transport Service Provider, you release us from any and all claims, demands, and damages arising out of or in connection with such disputes.
5 FINANCIAL TERMS
5.1 Charges: You understand that use of the Application may result in fees to you for the Services you receive from the Service Provider (“Charges”). You also understand that the Charges may include additional charges for special needs of transportation, procedures, miscellaneous items that are not included in the service fees.
5.2 Refund: i) For Video/Tele consultation in case of doctor/provider cancel the booking then the full amount will refund.
ii) For Medical Transport if provider did not turn up to pick up the patient there will be full amount will refund.
iii) For Medical caregiver if caregiver did not turn up for job then full amount will be refund.
iv) For Medical Product if supplier is failure to deliver the item then full amount will be refund.
v) The refund amount will take 10-15 days of processing time.
5.3 Cancellation Fee: You acknowledge and agree that if you elect to cancel requests for Services that have been accepted by a Service Provider through the Application
5.3.1 at any time after booking prior to the arrival of the Service Provider (in case of book now) or
5.3.2 less than 3 hours as per schedule time (in case of advance booking), we may charge you a cancellation fee of S$50 for Singapore, 40% of booking amount in India and 50% of booking amount for other countries.
5.4 Payment. After you have received the Services through your use of the Application, you may choose to pay for the Services by cash or credit/debit card (“Card”) using Red Dot Payment for Singapore/Malaysia/Indonesia and PayU payment for India. If you choose to pay for the Services by card using Red Dot Payment or PayU, you:
a) will need to register a valid Card which belongs to you in accordance with the instructions within the Application. If you register a Card, you agree that we may verify and authorize your Card details when you first register the Card with us and when you use the Application;
b) appoint us as your limited payment collection agent solely for the purpose of accepting the Charges and agree that payment made to us shall be considered the same as payment made directly by you to the Service Provider.
5.5 Charges paid by you are final and non-refundable, unless otherwise determined by us.
5.6 Third party Payment Processors. Payment processing services for Medical transport service provider on MyCLNQ are provided by Red dot/PayU payment and are subject to the Red dot/PayU connected account agreement, which includes the red dot/PayU payment terms of Service (collectively, the “Red dot payment services agreement”/ “PayU payment services agreement”). By agreeing these terms or continuing to operate as service provider, you agree to be bound by the Red dot/PayU payment services agreement as the same may be modified by Red dot/PayU payment from time to time. As a condition MyCLNQ enabling payment processing services through Red Dot/PayU payment, you agree to provide MyCLNQ accurate and complete information about you and your business and you authorize MyCLNQ to share it and transaction information related to your use of the payment processing services provided by Red Dot/PayU payment.
6 PERSONAL DATA PROTECTION
6.1 By using the Application and providing personal information to us, you agree that we may collect, use, process and disclose such personal information in accordance the provisions of this Section 6.
6.2 You may review and update your personal information within the Application by opening the Application and visiting the “profile” page for your Account.
6.3 You are under no obligation to provide personal information to us. However, if you choose to withhold the requested personal information, you may not be able to use certain aspects of the Application and you may not be able to receive the Services.
6.4 We use the personal information you provide to: (a) deliver the Application and to enable us to provide you with the produces, services and information offered through the Application which you request; (b) enable Service Providers to provide the Services; (c) administer your Account and communicate with you; (d) verify and carry out payments which you make through the Application; (e) improve the Application and customise the content shown to you; (f) develop, operate, improve, deliver and maintain our products and services; (g) send you information which you may find useful or which you have requested from us, provided you have indicated that you do not object to being contacted for such purposes; (h) enforce this Agreement and other policies; (i) perform functions or services as otherwise described to you at the time of collection.
6.5 We may share your personal information with: (a) Service Providers who may view certain information about you through the Application; (b) our affiliates and third party service providers who assist us in providing the Application and who perform certain functions on our behalf; (c) parties involved in a transaction involving the purchase, sale, lease, merger or amalgamation or any other acquisition, disposal, or financing of our business or a portion of our business; (e) other parties if required to do so by law or if we believe that such disclosure is necessary to prevent fraud or crime or to protect the application or the rights, property or personal safety of any person.
6.6 We have reasonable security measures in place to protect against the loss, misuse and alteration of personal information under our control. While we will use all reasonable efforts to prevent the loss, misuse or alteration of your personal information, you should bear in mind that submissions of information over the internet is never entirely secure. We cannot guarantee the security the personal information which you submit through the Application while it is in transit over the internet and any such submission is at your own risk.
6.7 If you have any questions or comments on our personal data protection practices, please contact us by email at support@myclnq.co
7 CONFIDENTIALITY
7.1 You shall keep confidential all information and materials about the Application, and all information of a secret, confidential or proprietary nature concerning our business or affairs and which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of this Agreement (“Confidential Information”).
7.2 In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we shall be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of the breach of this Agreement and to further protect the Confidential Information.
8 INTELLECTUAL PROPERTY
8.1 Rights to Application. You acknowledge and agree that the Application and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of MyCLNQ. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of MyCLNQ and its affiliates, licensors and suppliers. You are not granted any intellectual property rights in and to the Application not expressly granted in this Agreement and such rights are hereby reserved and retained by MyCLNQ.
8.2 Third Party Content. The Application may utilize or include third party content and software (“Third Party Content”) that is subject to open source and third party terms of service. You acknowledge and agree that your right to use such Third Party Content as part of the Application is subject to and governed by the terms and conditions of the open source and third party terms of service applicable to such Third Party Content, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this Agreement and the terms of such open source or third party terms of service, the terms of the open source or third party terms of service shall prevail with regard to your use of the relevant Third Party Content. In no event shall the Application or components thereof be deemed to be open source or publicly available software.
8.3 Company’s Marks. You are not authorized by MyCLNQ to use MyCLNQ’s trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of MyCLNQ, which may be withheld for any or no reason.
8.4 Infringement Acknowledgement. You acknowledge and agree that in the event of a third party claim against you that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not MyCLNQ) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify MyCLNQ in writing of such a claim.
9 DISCLAIMER
9.1 We make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the Application. The Application and any information contained in or provided through the Application are provided on an “as is” and “as available” basis.
9.2 We do not represent or warrant that: (a) the use of the Application will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data; (b) the Application will meet your requirements or expectations; (c) the Services which you received form a Service Provider would meet your medical needs or other personal requirements; (d) the quality of, information or other materials obtained by you through the Application will meet your requirements or expectations; (e) any stored data will be accurate or reliable; (f) errors or defects in the Application will be corrected; or (g) the Application or our servers are free of viruses or other harmful components.
9.3 All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
9.4 Your use of and reliance upon the Application and any information contained in or provided through the Application is at your sole risk and discretion.
9.5 The Application may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
10 LIMITATION OF LIABILITY
10.2 Without limiting the generality of the foregoing, the maximum liability of MyCLNQ for all claims of every kind arising out of this Agreement will not exceed SGD 1.00.
11.1 You agree to indemnify, defend, and hold harmless MyCLNQ, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with: (a) your access and use of the Application; (b) use of your Account other than in accordance with this Agreement; (c) your use of the Services; (d) your dealings with the Service Provider; (e) your breach of this Agreement; (f) your violation of law; (g) your negligence or willful misconduct; (h) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
12 MODIFICATIONS TO, OR DISCONTINUATION OF, THE APPLICATION
12.1 We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Application or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion thereof.
13 TERMINATION
13.2 We may terminate this Agreement immediately, without prior notice, if you fail to comply with any of the terms and conditions stipulated in this Agreement.
13.3 Notwithstanding the foregoing, we may terminate this Agreement and your use of the Application, or generally cease offering or deny access to the Application or any part thereof, at any time for no reason with or without notice.
13.4 Upon termination of this Agreement, the following shall apply:
a) you shall immediately settle all sum due and payable to us under this Agreement up to the date of termination of this Agreement; and
b) you shall cease all use of the Application and delete and fully remove the Application from your mobile device. However, your data on server will follow the local country regulatory data retention policy.
14 GOVERNING LAW AND JURISDICTION