2. Applicable Law
The agreement so entered into shall be governed by and interpreted in accordance with the laws of the Republic of Singapore. Any disputes concerning the agreement shall be referred to and resolved by arbitration in Singapore in the English language.
We may assign the agreement, in whole or in part, at any time without notice to you. You shall not assign this agreement in whole or in part, or transfer any rights to use the Web Site.
5. Proprietary Rights
The materials located on this Web Site including the information, images and works carried out in the performance of this Web Site (“Contents”), are protected by copyright, trademark and other forms of proprietary rights. All rights or title to, or interest in, the Contents shall be the sole or exclusive property of FindMyTCM.com.
6. Use of Web Site
You may view, download and print the content of the Web Site subject to the following conditions:
a. You may only do so for your own personal and non-commercial use;
b. You may not modify the Contents;
c. Neither title nor intellectual property rights are transferred to you; these remain with either FindMyTCM.com or the establishment owners listed on the Web Site;
d. You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Contents;
e. You may not use the Web Site for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
f. You may not send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing, in breach of copyright trademark, confidence privacy or any other rights, otherwise injurious to third parties, objectionable, consists of or contains software viruses, political campaigning, commercial solicitation, or any form of "spam";
g. You may not reproduce, prepare derivative works from, distribute or display the Contents, except as provided herein.
Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Contents or any portion thereof is strictly prohibited without the prior written permission of FindMyTCM.com.
FindMyTCM.com grants you a limited, revocable, and non-exclusive right to create a hyperlink to our Web Site as long as the link does not portray FindMyTCM.com, its affiliates, or any products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FindMyTCM.com logo or other proprietary graphic or trademark as part of the link without our prior written permission.
7. Warranty Disclaimer and Limitation of Liability
We do not provide medical services, professional advices or healthcare services of any sort, and nothing stated or posted on this Web Site should be interpreted as such. We do not recommend or endorse any physicians, Advertisers (refer to section on “Advertising Policy”), opinions or individuals described herein. If you rely on any information posted on this Web Site, you do so solely at your own risk.
We have no special relationship with or fiduciary duty to you. Your dealings or communications with, Advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser, and we will not be responsible or liable for any loss, damage or injury which you may sustain on account of any services provided to you by the Advertisers (or from any failure to provide services to you).
You acknowledge that we have no control over and no duty to take any action regarding:
a. which users gain access to this Web Site;
b. what content is posted by users on this Web Site;
c. what content you access via this Web Site;
d. what effects the content may have on you;
e. how you may interpret or use the content;
f. what actions you may take as a result of having been exposed to the content.
We make no representations concerning any content contained in or accessed through this Web Site, and we will not be responsible or liable in any way for such content, and you hereby release us from all liability for your having acquired or accessed content through or via this Web Site.
This Web Site and its Contents are provided on an "as is" basis without warranties of any kind. FindMyTCM.com expressly disclaims any and all warranties of merchantability or fitness for particular use, including all implied warranties. FindMyTCM.com hereby disclaims any warranty that the Contents of this Web Site or any functions associated herewith will be uninterrupted or error-free, or that defects will be corrected, or that this Wed Site or the server that makes it available is and will be free of all viruses and/or other harmful components. FindMyTCM.com does not warrant or make any representations regarding the use of or the result of the use of the Contents or as to the correctness, accuracy, reliability, timeliness, proprietary character or otherwise of the Contents.
You waive and covenant not to assert any claims or allegations of any nature whatsoever arising from or relating to your use of the Web Site, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of the Contents, or allegations that FindMyTCM.com has or should indemnify, defend or hold you harmless from any claim or allegation arising from your use or other exploitation of the site. You use the Web Site at your own risk and notwithstanding any provision herein or elsewhere, FindMyTCM.com and the parties who provide information and material for publication within the Contents (including but not limited to photos, comments and/or any other data) shall not in any event be liable for:
a. Any loss, damage or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect or malfunctions in equipment or software, delay in operation or transmission, or computer virus arising from the use of the Web Site;
b. Any loss, damage or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the material on the Web Site;
c. Any loss, damage or injury, including but not limited to, on account of relying on any statements, opinions, representations or information on the Web Site, or the conduct or views of any person who accesses or uses the Web Site.
Without limitation of the foregoing, we shall not be liable for any loss of profits, loss of use, or other economic loss or any form of damages, whether direct, indirect, special, consequential, punitive or otherwise, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this Web Site, the content or the materials contained in or accessible through this Web Site, including without limitation any damages caused by or resulting from your reliance on any content or other information obtained from or accessible via this Web Site.
8. Access to the Web Site
The accessibility and operation of the Web Site rely on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Web Site.
FindMyTCM.com reserves the right to deny or restrict access to this Web Site by any particular person, or to block access from a particular Internet address to this Web Site, at any time, without ascribing any reasons whatsoever.
FindMyTCM.com site contains links to third-party web sites. The linked sites are not under the control or possession of FindMyTCM.com, and we are not responsible for the contents of any linked site and shall not be liable for any damages or loss arising from access to those web sites. FindMyTCM.com provides these links as a convenience, and a link does not necessarily imply endorsement of, sponsorship of or affiliation with the linked site. Linked sites are owned and operated by independent retailers or service providers, and therefore, FindMyTCM.com cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
10. Advertising Policy
This Web Site carries advertisements (“Advertisements”) of healthcare practitioners, medical service providers and other product or service providers (“Advertisers”). All information associated with an Advertisement is provided by the Advertiser. We do not in any way endorse any Advertisement. You are solely responsible for accessing Advertisements and any reliance you may place on such Advertisements is done solely at your own risk. We take no responsibility and assume no liability for any Advertisement on this Web Site or for the accuracy of any information contained therein or associated therewith. Your dealings or communications with the Advertisers, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of Advertisements appearing on this Web Site.
11. Advertisement Materials on Web Site
The Web Site contains the following advertising material:
a. Sponsored Advertisements on homepage and other pages: These serve as an advertising platform for Advertisers to reach out to users who visit our site. This will be useful in spreading their companies’ messages;
b. What’s New on the homepage: This is to highlight new clinics and new articles from the Health Buzz. This service is free and its purpose is to provide updates of the latest registered clinics/physicians and development in the TCM domain;
c. Products and Events on the homepage: This is to draw attention to and inform the users of TCM products and upcoming TCM-related events.
FindMyTCM.com reserves the right to refuse, restrict, suspend or withdraw Advertisement by any Advertiser on this Web Site, at any time, without ascribing any reasons whatsoever.
12. Registration For Clinics
All clinics who register under FindMyTCM.com are expected to provide information and content that are truthful, reliable and accurate; and only if this information is representative of an establishment they own or officially represent.
FindMyTCM.com will endeavour to ensure that information and content uploaded are relevant and useful for users; however, we will not be responsible or liable for any inaccuracies of any content, or any injuries or damage caused by information or content submitted by the clinics.
FindMyTCM.com reserves the right to refuse, restrict, suspend or withdraw registration by any clinics on this Web Site, at any time, without ascribing any reasons whatsoever.
When you use this Web Site, we may log and use certain information as described herein.
13.1 Collection of Traffic Data
Our Web Site automatically tracks and logs the following information:
a. IP address
b. Domain server
c. Types of web browsers used to access the Web Site
d. Referring source which may have sent you to the Web Site
e. Email address and any information provided by you voluntarily when signing up for newsletter, filling up a contact form, taking part in a survey etc.
f. Other information associated with the interaction of your browser and the Web Site.
The information will be analysed for the following purposes:
a. Customising users’ experiences on this Web Site
b. Communication with users
d. Statistical analysis of users
e. Marketing research of future products or services
f. Improvement of the Web Site
g. Updating information on TCM development
h. Any other purposes with your consent
13.2 Personal Information collected
If you communicate with us, for example, by e-mail, any information provided in such communication may be collected as personal information. We may collect information which you voluntarily provide to us when you choose to use some of FindMyTCM.com features, such as search function and through responses to surveys, questionnaires etc.
13.3 Sharing of Information
Generally, FindMyTCM.com does not share, sell, rent or trade your personal information for any purposes with any third parties, other than our partners. We may aggregate personal information from all of our users and provide the information including traffic data to/for:
a. our agents or third parties including business partners who assist us to perform services related to our operations such as hosting, billing, fulfilment, or data storage and security;
b. parties who carry out statistical research;
c. advertisers and other parties for marketing or promotional purposes;
d. parties with whom we may be in negotiation concerning a possible merger;
e. a sale of our business or assets or a similar transaction.
13.5 Security and confidentiality
We follow generally accepted industry practices to safeguard the security of your personal information collected, both during transmission and storage. But we do not guarantee that there will be no unintended disclosures of your personal information.
All physicians and their employees, and their representatives should be particularly aware of their obligations of confidentiality when interacting with and in communication with FindMyTCM.com.
13.6 Updates and Changes
13.7 Controlling Your Personal Information
Registered clinics of FindMyTCM.com can request to modify some of the personal information in their profile by contacting us directly. Upon your request, FindMyTCM.com will use commercially reasonable efforts to delete your account and the personal information in your profile. But it may be impossible to remove your account without some residual information being retained by FindMyTCM.com. Registered clinics who wish to close their account should contact FindMyTCM.email@example.com.
13.8 Contact FindMyTCM.com