Terms & Conditions of Use of the Platform
This end user licence agreement is a legal agreement between me (“Licensee” or “you”) and K2 Tests Pte Ltd (Company Registration Number: 201723254K) (“K2 Tests”, “Licensor”, “us” or “we’) for the use of http://www.k2tests.com (the “Platform”),
K2 Tests provides website features and other products and services to you when you visit the Platform or its affiliated websites (including social media pages) (collectively the “Services”). K2 Tests licence use of the Platform to me on the basis of this agreement, and K2 Test remain the owners of the Platform at all times.
IMPORTANT NOTICE TO ALL USERS:
· BY SIGNING UP FOR A REGISTRATION ACCOUNT WITH THE PLATFORM, YOU ARE DEEMED TO HAVE READ AND AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU. THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN PARAGRAPH 8 AND AN INDEMNITY IN PARAGRAPH 10.
· IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF THE PLATFORM TO YOU AND YOU MUST NOT USE OUR PLATFORM.
You should print a copy of this agreement for future references.
These terms and conditions were last updated on 3 May 2018.
1.1. The terms set out in this agreement govern your access and use of the Platform and shall constitute a legally binding agreement between you and us. K2 Tests may modify this agreement from time to time without prior notice, including the rates it charges you. If you do not agree to such terms, you must not use the Platform.
1.2. Subject to you agreeing to abide by the terms of this agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use the Platform on the terms of this agreement.
1.3. By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using the Platform, you confirm that:
(a) You have read the terms set out in this Agreement and agree to be bound by and comply with them; and
(b) You are 18 years old and above. We may ask for proof of age before you can register for an account with us.
1.4. You are responsible for maintaining the confidentiality of your account, and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
1.5. We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to the Platform (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Platform or on any of our affiliated websites (including social media pages), or cancel any orders made or submitted by you.
1.6. K2 Tests reserves the right to add, change or discontinue all or any part of the Services, the Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us at any time and without notice, at our sole discretion. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.7. You understand that the terms and conditions set forth in this agreement are subject to changes and updates at any time. By choosing to visit this Platform, you are bound by the terms set forth in this agreement, and by such revisions as they are posted.
(b) Our Acceptable Use Policy (see Schedule 2) sets out the permitted uses and prohibited uses of our Portal. When using our Portal, you must comply with this Acceptable Use Policy.
Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Services, the Platform or any of the contents therein for any commercial or other purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of the Services or the Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available the Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of the Platform on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, the Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
3. Uploading Content to the Platform
3.1. Whenever you make use of a feature that allows you to upload content to our Platform, you must comply with the content standards set out in our Acceptable Use Policy.
3.2. You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Platform complies with our Acceptable Use Policy and the PDPA.
3.3. We will only use the content uploaded by you for the purposes of carrying out the Services, and for the purposes of carrying out our obligations in this agreement. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3.4. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under Singapore law.
3.5. We will not be responsible, or liable to any third party, for the content or accuracy of any content or data uploaded by you or any other user of our Platform.
3.6. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
4. Order Policy
4.1. We will attempt to be as accurate as possible in our description of the Services offered by us on the Platform. Notwithstanding the foregoing, we do not warrant that any such description or any other information, content or materials offered as part of the Services (including the price of any Services) is accurate, complete, reliable or current. You agree that we will not be liable for any disparities or errors in such description, information, content or materials.
4.2. All orders for products made by you on the Platform are subject to the stock availability of our vendors (the “Vendor”), and we reserve the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock for any reason. We also reserve the right to limit your order of a product to the quantity available at that time.
4.3. All appointments for health screening and other check-ups/services made by you (the “Appointment”) on the Platform are subject to the availability of the staff of K2 Tests and we reserve the right to cancel, amend or reject your Appointment in whole or in part, at any time and without liability or compensation, where any relevant staff is unavailable for any reason.
4.4. You agree to pay K2 Tests for any transactions made in connection with your account (“Service Fees”). K2 Tests will charge your credit or debit card according to the agreed rates for the Services, as modified from time to time. Any changes in rates will be communicated to you in accordance with this agreement. All Service Fees are due immediately upon confirmation of the scheduled Appointment. You agree to bear any related additional charges (if any) that the bank or other financial service provider may levy on you and/or K2 Tests for the Service Fees. K2 Tests will use third party services to process credit card information.
4.5. By placing your orders or Appointments on the Platform, you authorise us to transmit information about you from and to third parties from time to time, including but not limited to verification checks that we may be required to make involving payment in order to authenticate your identity, validate such payment, enable us to make delivery of the ordered product to you or secure the Appointment.
4.6. We will not process any orders or Appointments that attempt to use an expired, incorrect or otherwise non-functioning credit or debit card (including but not limited to cards that have exceeded their limit). In the event that any such order or Appointment is processed, we reserve the right to collect any unpaid sums from you through an alternate payment method, and to charge an administrative fee at our prevailing rates then in force for the same.
5. Delivery and Cancellation Policy
5.1. We will arrange for the delivery of any products purchased by you via the Platform. The timing for delivery of any product is subject to the availability of our personnel and we will let you have an estimated timeframe for delivery when requested. We will not be responsible for any delay in the delivery of a product unless such delay results directly from our negligence or omission.
5.2. To facilitate in the smooth delivery of products and services in relation to your Appointments, please ensure that your personal details in your account with us and any other information as requested by us are accurate and up-to-date. Please also ensure that you input the correct details whenever you place an order for a product or make an Appointment. Any change in your personal details, your order details or Appointment will be considered by us in our sole discretion and is subject always to the ability of K2 Tests to accommodate such changes. In the event that such change is accepted by us, this may be subject to an administrative fee. This administrative fee is subject to change at our sole discretion and may take effect with immediate notice.
5.3. Please note that all cancellations of orders shall be accepted by us on a case-by-case basis. If an order is cancelled after it has been submitted, we have to arrange for a re-delivery of the products for any reason whatsoever (including but not limited to the event where no one is at the delivery location to receive the products), we reserve the right to charge an administrative fee at our prevailing rates then in force.
5.4. We are not and will not become, at any point in time, the holder of any beneficial or legal interest in any product, nor do we at any time take possession of the products. We will not be responsible for any damage sustained by or the loss of any product during the delivery process or at any other time.
5.5. You understand and agree that you cannot cancel any Appointment once payment has been made. However, you may reschedule your Appointment by informing K2 Tests no later than 48 hours prior to the scheduled Appointment. In the event of any cancellation or rescheduling of any Appointment less than 48 hours, you agree that you will not be entitled to any refund of the relevant Service Fees.
6. Refund Policy
6.1. In the event that there is any dispute as to the quality, quantity, specifications, price and/or any other characteristic of a product or the services provided, you are responsible for contacting us directly.
6.2. We will generally not issue any refund to you with respect to the product unless the product fails to be delivered by the scheduled delivery time as a result of our negligence or an avoidable error that was caused by us. We are otherwise not liable for any other refund whatsoever relating to the quantity, specifications, price and/or any other characteristic of a product, but we will assist you to liaise with the relevant Vendor to provide a refund. However, we do not guarantee and/or warrant that the Vendor will issue a refund to you with respect to the product.
6.3. Similarly, we will generally not issue any refund to you with respect to the Services unless the Services fails to be delivered as scheduled as a result of our negligence or an avoidable error that was caused by us. We are otherwise not liable for any other refund whatsoever relating to the quantity, specifications, price and/or any other characteristic of the Services provided for each Appointment.
7.1. While we make all efforts to maintain the accuracy of the information on the Platform, we provide the Services, Platform and all information, content, materials, products (including the products, Appointments and any software) and other services included on or otherwise made available to you through the Services (the “Related Content”) on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and the Platform is at your sole risk.
7.2. To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
8. Limitation of Liability
8.1. We only supply the Platform for domestic and private use. You agree not to use the Services, the Platform and the Related Content for any commercial, business or re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement (including but not limited to the use of, or inability to use, the Services, the Platform or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
8.2. Nothing in this agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence; or
(b) fraud or fraudulent misrepresentation.
8.3. This agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Platform. Except as expressly stated in this agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and the Platform which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8.4. For your convenience, K2 Tests may include hyperlinks to websites on the Platform that are owned or operated by third parties. Such linked websites are not under the control of K2 Tests and K2 Tests does not accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided in the Platform should not be considered or construed as an endorsement or verification of such linked websites or the contents therein by K2 Tests. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
8.5. For providing the Services, K2 Tests shall from time to time have arrangements/tie-ups with the business partners of K2 Tests or such other third party for the offering of ancillary services to support K2 Tests’ Services and productsthat K2 Tests may from time to time deem fit (“Ancillary Services”). These Ancillary Services may be availed by you, at your option and expense. You hereby acknowledge and agree that you shall not make any claim against K2 Tests in relation to any deficiency or defect in the Ancillary Services provided by the business partners of K2 Tests or such other third party offering these Ancillary Services.
9. Force Majeure
K2 Tests shall not be liable for its failure to perform under the terms of this agreement if such non-performance results from the occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of K2 Tests.
You agree to indemnify and hold us, and our affiliated and associated companies and their respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney’s fees, resulting from or arising out of your act, default or omission, whether in your use of the Platform, Services and/or any websites or software in relation thereto or otherwise, and whether under this Agreement (including our Acceptable Use Policy), any laws or regulations or otherwise.
11. Collection and Storage of Information
11.1. You hereby represent and warrant that all information and documentation disclosed by you and/or contained in the membership registration form (including without limitation any medical reports and transcripts) are true and correct. You further acknowledge and agree that K2 Tests may, for the purposes of the providing the Services to you, use your medical/confidential/personal/familial information, history or condition or other records as disclosed through direct or mediated means by yourself to K2 Tests (“Information”). You agree that K2 Tests shall have the right to disclose the Information to the business partners of K2 Tests or such other third party and their employees as necessary in discharge of the desired Services, in such manner as K2 Tests may deem fit. You acknowledge that K2 Tests shall not be liable for non-disclosure or incomplete disclosure of any Information to the business partners of K2 Tests or such other third party and their employees.
11.2. K2 Tests may choose to maintain copies of the Information on a portal (of the Platform) wherein all such Information shall be stored and if so, K2 Tests may grant you a secured access to the portal created by K2 Tests to ensure easy access to the Information (“Portal”) and you agree your access to the Information on the Portal shall be in compliance with and subject to the terms and conditions of use of the Portal which may change from time to time. You also agree that you shall be solely responsible for any misuse of your access (log in rights) on the said portal. You agree to provide updated Information to K2 Tests and K2 Tests shall, based upon such updates, update the Information stored on the Portal.
11.3. You further acknowledge and agree that Information provided by you may be stored on third party storage facilities which may not be entirely within the control of K2 Tests. You hereby give your consent to the storage of Information on such third party storage facilities and shall hold harmless K2 Tests against any and all claims, costs, losses, expenses and demands arising out of or in connection with the storage of the Information in such third party storage facilities.
12. Other Important Terms
12.1. You agree that K2 Tests may give notice by means of a general notice on the Platform, electronic mail to your address in your account, or by written communications sent by paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing, by post, text messages or email.
12.2. We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or obligations under this agreement.
12.3. You may only transfer your rights or your obligations under this agreement to another person if we agree in writing.
12.4. No partnership or agency or employment relationship has arisen by reason of this Agreement.
12.5. This agreement and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this agreement or any document expressly referred to in it.
12.6. If we fail to insist that you perform any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.7. Each of the conditions of this agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.8. This agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within thirty (30) days, we both irrevocably agree to the exclusive jurisdiction of the courts of Singapore.