RESPIREE PTE LTD
TERMS & CONDITIONS OF USE
1.1. These Terms and Conditions apply to your access and use of any sensor device and its associated firmware (the “Sensor”) as well as the websites, mobile applications, software, products or services (collectively, the “Service”) provided or operated by Respiree Pte Ltd (“Respiree”). By accessing or using the Service, you are deemed to have read, understood, and agreed to be bound by the terms and conditions set forth in this Agreement (“this Agreement”).
1.2. Respiree may modify this Agreement at any time at our sole discretion, and such modifications shall be effective immediately upon posting and apply to all access to and use of the Service thereafter. You are encouraged to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
2. USE OF THE SERVICE
2.1. Age: Persons under the age of 18 are not permitted to access or use the Service unless their parent or guardian has consented in accordance with the applicable law.
2.2. Right to Use: Respiree grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use such parts of the Service made available to you on the terms of this Agreement and reserves all other rights. This license is provided solely for your personal, non-commercial use as permitted in this Agreement.
2.3. Not for Resale: The Sensors are intended solely for your personal use and are not intended for resale.
2.4. Necessary Equipment: Full use of the Sensors is dependent upon download of the supporting mobile application, use of a supported mobile device and internet access. The maintenance and security of the mobile device may influence the performance of the Sensors and it is your responsibility to ensure its functionality. You are responsible for all internet access charges that may be incurred through access and usage of the Service.
2.5. Acceptable Use:
2.5.1. You may use the Service only in accordance with this Agreement, any documentation or instructions provided by us and/or applicable laws or regulations.
2.5.2. You must not rent, lease, lend, resell, transfer, or host the Service, or any portion thereof, to or for third parties except as expressly permitted in this Agreement.
2.5.3. You must not use the Service in a way that will put yourself, any person or any object at risk of harm, damage or loss.
2.5.4. You must not access or tamper with non-public areas of the Service, test the vulnerability of any of Respiree’s systems, breach any of Respiree’s security or authentication measures, circumvent any technological measure implemented by Respiree or any of Respiree’s providers or any other third party to protect the Service, or modify, decompile disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any Sensor, firmware, software or application of Respiree.
2.5.5. You shall not use the Service for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity; upload, transmit or otherwise disseminate through the Service: (a) any virus, Trojan horse, worm, device, software or thing to interfere with, interrupt or disrupt the proper working of the Service or any computer or technology; (b) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, illegal, misleading or that may cause harassment, annoyance, inconvenience or anxiety; or (c) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or discloses confidential information (unless you own them or have permission of the owner to do so), or infringes any other intellectual property rights of others or the privacy or publicity rights of others; do anything to, or use, the Service in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Service is in any way impaired, including “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”; use any robot, spider, device or process to monitor or copy any content or pages in the Service without our prior written permission.
2.6. You acknowledge that your use of the Service will not be supervised and that you will use them at your own risk. If you rely on any of the Service, you do so solely at your own risk. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Service.
2.7. You understand that, except for information, products or services clearly identified as being supplied by Respiree, Respiree does not operate, control or endorse any information, products or services on the Internet in any way. Except for Respiree-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with Respiree.
2.8. You also understand that Respiree cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
2.9. You assume total responsibility and risk for your use of the Service and the Internet. Respiree provides the Service and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or Service provided through the Service or on the internet generally, and Respiree shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, service, merchandise and other information provided through the Service or on the internet generally. Respiree does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected.
2.10. We may remove or disable your access to the Service at any time, without notice, and at our sole discretion, if we determine that your use of the Service is objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement and any conduct that affects Respiree and in response, take any action deemed appropriate.
3. REQUEST AND USE OF SENSORS UNDER THE ASTRAZENECA ONCOLOGY-RESPIRATORY DIGITAL MONITORING PROJECT
3.1. The terms in this paragraph 3 apply if you request or use a Sensor under the AstraZeneca Oncology-Respiratory Digital Monitoring Project.
3.2. Account: When you register with us using a registration code to receive a Sensor, you will be required to provide us with information such as your full name, a valid email address, a physical address for delivery of the Sensor, your contact number, and an account password. You will also be required to provide us with the full name of your next-of-kin, caregiver or family member, his/her valid email address and contact number. We will create an account for you in respect of the use of the Sensor.
3.2.1. Each person is entitled to create a maximum of one (1) account and redeem one (1) Sensor from Respiree using the registration code.
3.2.2. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.
3.2.3. You must immediately notify Respiree of any unauthorized use of your account or any other breaches of security. Respiree will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3.3. Order and Delivery of Sensors:
3.3.1. Upon creation of your account, you are required to book an appointment date with Respiree for delivery of the Sensor. Unless otherwise agreed in writing, Respiree shall deliver the Sensors to the delivery address you provided to Respiree and you shall make all arrangements necessary to receive the Sensor whenever it is delivered.
3.3.2. Any time or date for delivery given by Respiree is given in good faith and is an estimate only.
3.3.3. We may refuse any request for Sensors at our sole discretion. We may also require additional qualifying information prior to accepting or processing your request. Receipt of an e-mail acknowledgment does not constitute our acceptance of your request or our confirmation to provide you the Service.
3.3.4. You shall be deemed to have accepted the Sensor upon delivery by Respiree to your specified address.
3.3.5. Title to and ownership of the Sensor shall belong to Respiree. All intellectual property rights in respect of the Sensor and the Service remain the absolute ownership of Respiree.
3.3.6. You shall inform Respiree of any defect in the Sensor in writing as soon as reasonably practicable or in any event, within 3 working days. If you do not give any such notification, then you will be deemed to accept that the Sensor provided by Respiree is complete, in good order and condition, is of satisfactory quality, is fit for purpose of the ordinary intended use, and is in every way satisfactory.
3.4. Use of Sensors:
3.4.1. Respiree will provide you patient monitoring services in connection with the Sensor for a period of one (1) year from delivery and setup of the Sensor. At the end of the one (1) year period:
126.96.36.199. you may retain the Sensor;
188.8.131.52. you may access for free a basic access to daily vital sign monitoring via the associated mobile application for up to one (1) year thereafter;
184.108.40.206. the extended patient monitoring services by Respiree will terminate.
3.4.2. You must keep the Sensor in good condition and comply with all requirements and procedures in relation to the Sensor as Respiree may notify to you from time to time.
3.4.3. You must comply with any reasonable request we make of you when you are using the Service.
3.5.1. In the event that your Sensor requires replacement due to any fault not attributable to you or any third party or you require any reasonable customer service support, you may contact Respiree for assistance. Respiree will only provide a replacement of the Sensor or reasonable support up to a maximum of 3 requests. Respiree shall have sole discretion as regards whether to provide replacement or support in respect of any additional requests.
4.1. “Respiree Content” means any data, information, text, images, graphics, video, audio, software, and other information, content, or other materials that are communicated, generated, provided, or otherwise made available through the Service (including any Sensor).
4.2. The Respiree Content is not intended to be a substitute for professional medical advice, diagnosis or treatment, and does not constitute medical or other professional advice. Always seek the advice of a doctor or other qualified health provider for any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of any Respiree Content. If you have a medical condition, consult your doctor before using the Sensor or Service. If you are experiencing a medical emergency, call emergency personnel or consult with a medical professional immediately.
4.3. Respiree does not guarantee, and is under no obligation to ensure, the availability, compatibility, or performance of the Service.
4.4. We do not warrant that the Service will be available uninterrupted and in a fully operating condition. You acknowledge that access to the Service may be suspended at our discretion without notice.
4.5. We make no warranties of any kind in relation to any of the Respiree Content or services, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, completeness, correctness, reliability, timeliness, or any implied warranty arising from course of dealing or usage or trade. We cannot be responsible for any error or omission, or for the results obtained or consequences arising from the use of the Service, or for the authenticity or integrity of any transaction or communication made through the Service.
5.1. Except to the extent prohibited by applicable law, Respiree shall not be liable for any incidental, indirect, special, or consequential damages, including, without limitation, loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition.
5.2. Respiree’s liability shall be limited to the greatest extent permitted by the applicable law, even if Respiree or its authorized representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through the Service.
5.3. You agree to indemnify, defend and hold harmless Respiree and its officers, directors, employees, and agents, from and against all losses, expenses, damages and costs, including legal expenses on an indemnity basis, resulting from any violation of this Agreement by you or any other person accessing or using the Service through you.
6. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
6.1. No licenses or rights are granted to you by implication or otherwise in respect of any intellectual property rights owned or controlled by Respiree or its licensors, except for the licenses and rights expressly granted in this Agreement.
6.2. The owner of the Respiree Content and any copyrights, marks, service marks or trademarks is Respiree or other third party licensors who have granted Respiree a licence in respect of such content. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any Respiree Content.
6.3. You agree to grant to Respiree a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, any ideas for new or improved products and services) you submitted to or through the Service or otherwise by any other means to Respiree.
6.4. You agree to grant to Respiree a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to collect, analyse, reproduce, distribute, transmit, adapt and create derivative work from any data collected by any Sensor or through the Service for any commercial or non-commercial use, subject to such data being anonymised by the removal of personally identifiable information. The purpose of any such data collection, processing or disclosure is for Respiree to improve its products and services . Such data is not and shall not be deemed personal data.
7.1. Respiree reserves the right to suspend or deactivate your account or your access to certain aspects or all of the Service, or to terminate this Agreement, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove all information related to your account.
8. THIRD PARTY RIGHTS
8.1. The provisions of paragraphs 56 (Liability) and 67 (Intellectual Property Rights and Licenses) are for the benefit of Respiree and its officers, directors, employees, or agents. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9.1. Neither you nor we shall be in breach of this Agreement nor liable for delay or failure to comply with its obligations under the Agreement, if this delay or failure was the result of Force Majeure. In such a case, we may suspend or terminate the access to any of the Service by giving you reasonable notice to the extent possible. In such case and in the event there are still outstanding charges, charges for the Service delivered until the termination date will be due on a pro rata basis. In this Agreement, "Force Majeure" means any event which is beyond the reasonable control of a party and which impacts the execution of its obligations under the Agreement, including, but not limited to, natural disasters, extreme weather conditions, fire, riots, war and military operations, national or local emergency situations, acts or negligence of the government, import, export and/or transit prohibitions, economic disputes of any nature whatsoever, strikes or other labour actions, flooding, lightning, explosions, collapses, disruptions in traffic or power networks, the reduced or non-functioning of networks, systems or equipment of third parties as well as any act of negligence of a person or entity which is outside of the reasonable control of that party.
9.2. This Agreement shall all be governed and construed in accordance with the laws of Singapore. Any legal action or proceeding between Respiree and you for any purpose concerning this Agreement shall be brought exclusively in the courts of Singapore.
9.3. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises; otherwise, such claim or cause of action is barred.
9.4. Respiree may assign its rights under this Agreement to any party at any time without notice to you. You may not assign, delegate, or transfer the rights or obligations under this Agreement, by operation of law or otherwise, without Respiree’s prior written consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
9.5. Any notices or other communications provided by Respiree under this Agreement, including those regarding modifications to this Agreement, will be given via email to any address you have provided to Respiree. For notices made by e-mail, the date on which the message is sent will be deemed the date on which such notice is transmitted.
9.6. Respiree’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.