The following Customer Agreement (the “Agreement”) constitutes an agreement between you and UEX Global Pte Ltd (“ UEX ”, “ We ”, or “ Us ”) the operator of UEX’s Website (the “ Site ”) and related websites, applications, Solutions, and mobile applications provided by UEX and on/in which these Agreements are posted or referenced (collectively, the “ Solutions ”). This Agreement governs your use of the Solutions. If you are agreeing to this Agreement not as an individual, but on behalf of your company or other legal entity, then “ Customer ”, or “ you ”, or “ your ” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to this Agreement and you are binding your company to this Agreement.
Please note that we offer the Solutions ‘As is’ and without warranties. If you create an account or use the Solutions on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
Section 1: About the Site
While we make reasonable efforts to provide you with accurate content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or any other content available through the solutions, in no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the solutions.
“ Content ” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Solutions and/or Site, including, without limitation, Content provided in direct response to your questions or postings.
Section 2: Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, and controlled by UEX.
You may use information on UEX products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by UEX for downloading from the Site, provided that (1) you do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information and (4) not make any additional representations or warranties relating to such documents.
Section 3: Your Use of the Site
You may not use any automatic device, program, algorithm, methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. UEX reserves the right to bar any such activity.
You may not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site, or any other systems or networks connected to the Site or to any UEX server, to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
Section 6: Your Personal Information
Protecting user privacy and keeping your information secure are among our biggest priorities. This section will help you understand what information we ask for and why.
When attempting to purchase a product from UEX, you will be required to create an account with UEX. By creating an account with UEX and purchasing your insurance policy from UEX, you agree to provide the necessary personal information to create an account and process your application. Your personal information may have to be passed on to our insurance providers or partners for them to complete processing your application (including the underwriting process).
By submitting such information to UEX, you authorise UEX, its employees, its agents, and others operating on behalf of UEX to use and/or disclose such information in accordance with our Data Protection Policy (DPP). Please review the DPP carefully, as your use of the Solutions constitutes your agreement to it.
Section 7: Your Responsibilities
Your General Responsibilities
You are responsible for all use of the Site and for all use of your Credentials, including by others to whom you have given your Credentials. You may only use the Site and Solutions for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Solutions. You may not attempt to gain unauthorised access to any of the solutions, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Solutions (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever. In addition to our rights in this Agreement, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder.
Changes to the Solutions/New Solutions
UEX may, from time to time, add new features to the Solutions, substitute a new service for one of the existing Solutions, or discontinue or suspend one of the existing Solutions. Under no circumstances will UEX be liable for any suspension or discontinuation of any of the Solutions or portion thereof, and the use of new Solutions will be governed by this Agreement.
Your Use of Content
All of the Content is owned by Us, our Partners, or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Solutions and any underlying technology or software used in connection with the Solutions contain UEX’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Solutions. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit, any of the Content, or exploit the Site or Solutions in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither UEX nor its suppliers grant you any express or implied rights, and all rights in the Site and the Solutions not expressly granted by UEX to you are retained by UEX.
Section 8: Disclaimer
You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Solutions, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you not having acquired, or your use of the Content. We make no representations or warranties regarding suggestions or recommendations of Solutions or products offered or purchased through the Site and/or the Solutions. We have no special relationship with or fiduciary duty to you. We provide the Solutions “As Is” and “As Available”. We make no express or implied warranties or guarantees about the Solutions. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Solutions and the Site, including, without limitation, any warranties that the Solutions are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Solutions will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Solutions (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Solutions or any other data or information provided or received through the solutions. Except as expressly set forth herein, UEX makes no warranties about the information systems, software, and functions made accessible through the Solutions or any other security associated with the transmission of sensitive information. UEX does not warrant that the site or the Solutions will operate error-free, bug-free or free from defects, that loss of data will not occur or that the Solutions, software, or Site are free of computer viruses, contaminants or other harmful items.
Section 9: General Limitation of Liability
In the event that you have an account with us, your sole and exclusive remedy for any dispute with UEX is the cancellation of your account. In the event that you do not have an account with us, your sole and exclusive remedy for any dispute with UEX is the termination of your service. In no event shall we be held cumulatively liable to you for any and all claims relating to or arising out of your use of the Solutions or the Site, regardless of the form of action.
In no event shall we be liable to you (or any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Site and/or the Solutions. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers utilised through use of the Solutions, even if we knew or should have known of the possibility of such damages.
Section 10: Termination
If you are not using the Solutions appropriately, UEX will want to work with you to come to an agreement. However, UEX reserves the right, if we determine it is best, to terminate and/or suspend services you have ordered immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Solutions by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account, should you have created one, for any other reason, including inactivity for an extended period. UEX shall not be liable to you or any third party for any termination, suspension, or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account). All sections of this Agreement shall survive any termination or expiration of this Agreement.
Section 11: Indemnification
Upon request by UEX, you agree to defend, indemnify, and hold harmless UEX, UEX’s employees, contractors, officers, directors, agents, parent entity, and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Solutions, or (b) the violation of this Agreement (including without limitation the Customer Agreement), or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
Section 12: Miscellaneous
Electronic Contracting/Copyright Dispute
Your affirmative act of using the Solutions and/or creating an account constitutes your electronic signature to this Agreement, which includes our Data Protection Policy (DPP), and your consent to enter into such agreements with us electronically.
Changes to this Customer Agreement
Choice of Law, Arbitration Clause, and Class Action Waiver
Please review this section carefully as it affects your legal rights.
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the Republic of Singapore as applied to contracts made and to be performed entirely within Singapore, without giving effect to the state’s conflicts of law statute.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including, without limitation, disputes related to this Agreement, your use of the Solutions and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the Singapore International Arbitration Centre (SIAC) Rules. Neither you nor UEX will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. You are waiving the ability to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.
This Agreement and any supplemental terms, policies, rules and guidelines posted through the Solutions, each of which are incorporated herein by reference , including the Data Protection Policy (DPP), constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of UEX to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.