For Babypass Website and App Services
WELCOME TO THE BABYPASS APP!
PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING OUR DATA PROTECTION POLICY AT HTTPS://BABYPASS.HEALTH/DATA-PROTECTION CAREFULLY BEFORE USING THIS APP AND/OR THE SERVICES OR FUNCTIONS OF THE APP AND WEBSITES CONNECTED SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO BLUMAIDEN PTE. LTD. AND/OR ITS RELATED CORPORATIONS (INDIVIDUALLY AND COLLECTIVELY, “BLUMAIDEN”, “WE” OR “US”, AS THE CASE MAY BE).
These Terms and Conditions (together with the documents referred to in it which are hereby incorporated by reference) (collectively, the “App User Terms”) informs you of the terms on which you may use our mobile app BabyPass (the “App”) and the website connected, whether as a guest or a registered user. Use of the app or website includes accessing, browsing, or registering to use the app and the functions and services offered on or made available through the app (collectively, the “App Functions”).
By accessing and using the App and/or the App Functions, you hereby agree to be legally bound by these App User Terms and you agree to comply with them.
If you do not agree to these App User Terms, please leave the App and cease use of the App and/or the App Functions immediately.
We reserve the right to change, modify, suspend or discontinue the whole or any portion of the App Functions or the App at any time. We may also impose limits on App Functions or restrict your access to parts of or the entire App Functions, or the App without notice or liability.
We may from time to time modify, vary or amend these App User Terms at any time by posting the amended App User Terms at this App. Such modification shall be effective immediately upon posting on the App. Any use of the App Functions or the App after the amendment of these App User Terms shall be deemed to be acceptance of the amended App User Terms by you. If you do not agree to the amended App User Terms, you have the right to close your account with us and/or cease your use of the App Functions.
- These App User Terms govern your use of our App and the App Functions which are made available through the App.
- By accessing the App you represent and warrant to us that:
- You have read and agreed to the App User Terms; and
- You are at least 18 years old and have the necessary legal capacity, right, power or authority to agree to these App User Terms.
B. USE OF APP AND APP FUNCTIONS
- We may offer various App and Website Functions through the App, including, without limitation, access to platforms such as content and community platforms focusing on family health (a “Platform”).
- You acknowledge and agree that to access and use certain App Functions and Platforms, you may be required to open an account and register as a user of such service.
C. INTELLECTUAL PROPERTY RIGHTS
- The intellectual property rights in and to the App, our website, the App Functions and all the content of the App, including the designs, text, information, news, listings, graphics, images, videos, logos and button icons, editorial content, notices, applications, software (including HTML-based computer programs), music, sound and other files and their selection and arrangement (the “Content”) are either owned by us or are licensed to us.
- The trademarks, logos and service marks (the “Marks“) displayed on the App are the property of BluMaiden or certain third parties, and all rights to the Marks are expressly reserved by BluMaiden or relevant third parties. You are not permitted to use any Marks without the prior written consent of BluMaiden or such third party. The name of BluMaiden or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without the prior written permission of BluMaiden.
- The domain name on which the App is hosted on is the sole property of BluMaiden and you may not use or otherwise adopt a similar name for your own use.
D. USE OF APP CONTENT
- You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, frame, scrape, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to (unless otherwise expressly permitted in accordance with written law or with our prior written consent):
- the App;
- any of the App Functions;
- any Content, except to the extent expressly permitted in these App User Terms; or
- any other content submitted, distributed or otherwise reproduced by any person accessing or using the App or the App Functions (“Third Party Content”) except with the prior written consent of BluMaiden and the owner of such Third Party Content.
- Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the App and/or the App Functions, Content or Third Party Content on another app, website or server, for example through linking, framing, mirroring or any other technological means whether available now or in the future unless the prior written consent of BluMaiden is obtained.
- You may, provided you have kept all copyright and other proprietary notices intact, download or print one copy of the information available on the App for your personal, internal and non-commercial use only.
- Permission to reprint or electronically reproduce any part of the App. App Functions, Content or Third Party Content whether in whole or in part for any other purpose is expressly prohibited without BluMaiden’ prior written consent, and the written consent of the owners of Third Party Content.
- You may not decompile, reverse engineer or otherwise attempt to discover the source code of any BluMaiden Content available on the App or provided through an App Function except under the specific circumstances expressly permitted by law or BluMaiden in writing.
- Without prejudice to the rights and remedies which are available to us at law, we reserve the right to terminate the privileges of any member or user who breaches these App User Terms.
E. ONLINE CONDUCT
- The App, Website and Website Functions are made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the App or App Functions for any purpose.
- You represent and warrant and undertake to us as follows:
- any content which you submit to the App or via the App Functions shall not:
- be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
- consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
- contain content or statements contrary to public interest, public morality, public order, public security, national harmony, or otherwise be prohibited by applicable Singapore laws or regulations;
- to comply with these App User Terms, and such other notices or guidelines that may be posted on the App by BluMaiden from time to time (which are hereby incorporated by reference into these App User Terms);
- not to use any App Function or Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
- not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the App or the App Functions, including without limitation denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
- not to use the account of another member or user at any time for any purpose, whether with or without his/her permission;
- not to use any information obtained from the App or the App Functions to harass, abuse or harm another person; and
- not engage in advertising to, or solicitation of, any user of the App to buy or sell any products or services through the App;
- any content which you submit to the App or via the App Functions shall not:
- You understand and agree that BluMaiden may review and edit or delete (but has no obligation to do so) any content, messages, photos or profiles that in the sole judgment of BluMaiden violates these App User Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any App users.
- The following are some examples of the types of content and activities, which are illegal or prohibited on the App:
- content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- activity that harasses or advocates harassment of another person;
- transmitting “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
- engaging in advertising to, or solicitation of, any user of the Website to buy or sell any products or services through the App Functions;
- promoting information or submitting content that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- creating restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- providing material that exploits people under the age of 18 in a sexual or violent manner, or soliciting the personal information from anyone under 18;
- soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
- providing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
- modifying, adapting, translating, or reverse engineering any portion of the App or the App Functions;
- removing any copyright, trademark or other proprietary rights notices contained in or on the App or the App Functions;
- using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the App Functions;
- reformatting or framing any portion of the app pages that are part of the App or App Functions;
- creating user accounts by automated means or under false or fraudulent pretenses;
- falsely representing or implying that any content submitted by you is sponsored or endorsed by BluMaiden;
- submitting content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party; or
- transmitting any viruses, worms, defects, Trojan horses or other harmful elements;
- BluMaiden has the right (but is not obliged) to investigate and take appropriate action in its sole discretion against any person who posts such content on the App or partakes in any such activities including without limitation, removing the offending content from the App and/or terminating the account of any users which breach these App User Terms.
- BluMaiden has the right (but is not obliged) to remove or disable access to any materials (including content submitted by App users and Third Party Content) that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party’s intellectual property, other proprietary rights, these App User Terms or for any other reason whatsoever. Any such editing or removal of any such content shall be without prejudice to our other rights and remedies available at law.
- You acknowledge and agree that we cannot be responsible or liable for any content submitted onto the App by any App users or any Third Party Content, and you agree to exercise access and use such only at your own risk and with care and discretion.
F. YOUR ACCOUNT AND PASSWORD
- If you choose, or you are provided with, a user name, code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You also agree that you will be the only authorized user of the App and/or the App Functions using your user name and password. You agree not to provide or make known your user name and password to any other person for any purpose, including to facilitate that person’s access and unauthorized use of the App and/or the App Functions.
- We have the right to disable any user identification code or password whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these App User Terms.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
G. DISCLAIMERS AND LIMITATION
- Please note that the Content and any Third Party Content available via the App and/or the App Functions are for general informational purposes only and are not intended to be, and should not be treated as, substitutes for professional medical advice, diagnosis or treatment.
- The Content and Third Party Content are provided on the understanding that no medical advice or recommendation is being rendered to you via either the App and/or the App Functions. Medical treatment has to be individualised and can only be rendered after adequate assessment of your condition through appropriate clinical examination by qualified medical professionals. BluMaiden does not provide such services.
- Please do not disregard the professional medical advice of your physician or local healthcare provider or delay in seeking medical advice from them because of any information provided on the App or via the App Functions.
- For the reasons given above, you should not rely on the information provided on the App or via the App Functions and, to the fullest extent permitted by law, we do not accept any responsibility if you do.
- You further acknowledge that the App and App Functions are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the App or the App Functions could lead to death, personal injury, or otherwise result in significant financial loss or business interruption.
- Any Content and Third Party Content posted, distributed or otherwise made available on the App or through the App Functions are not moderated by us. We are not responsible as author, editor or publisher of any Content or Third Party Content, whether designated as “experts” or “content partners” or similar designations and you acknowledge and agree that any use by you of any Content or Third Party Content is entirely at your own risk.
- BluMaiden does not verify and is not in a position to verify any party’s rights to submit any content on or through the App or App Functions, and BluMaiden takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, death, personal injury, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same.
- BluMaiden and its vendors believe their data and text services to be reliable, but accuracy is not warranted or guaranteed.
- You acknowledge and agree that BluMaiden does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any of the products or services, which may be offered or made available by any third party on or through the App or the App Functions, and BluMaiden hereby expressly disclaims all liabilities and responsibilities arising in relation to any such products or services whether available or advertised via the Website or on a third party website.
- Any company names, products, services and branding cited or used on the App or the App Functions may be trademarks or registered trade marks of their respective owners and the owners retain all legal rights. The use of trade marks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by BluMaiden.
- You hereby acknowledge and agree that the App and App Functions may use transmissions over the Internet, which are never completely private or secure and that any information transmitted to the App may not be confidential and acknowledge that you have no expectation of privacy with respect to such information, subject always to the App’s Data Protection Policy.
- The App may enable you to access, amend and/or use data or information relating to you or other persons (e.g., your children or relatives) from other sources, including, but not limited to, your relatives, nutritionists and other parties (“External Data”). All External Data are provided on an “as is” and “as available” basis. We are not responsible for the availability of or any inaccuracies, errors or omissions in such External Data. Use of External Data may be subject to terms and conditions imposed by external parties.
- You agree that:
- BluMaiden shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the App or App Functions without assigning any reason;
- access to or the operation of the App and/or the App Functions may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, BluMaiden shall not be liable for any loss, liability or damage which may be incurred as a result.
H. DISCLAIMER OF WARRANTIES AND LIABILITY
- DISCLAIMER: THIS APP AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE ON AN “AS IS AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- To the maximum extent permitted by law, you irrevocably agree and acknowledge that:
- The App (together with any App Functions, Content and Third Party Content or other content or information provided by or through the App) are provided on an “as is” and “as available” basis, with all faults and without any warranty of any kind. Your use of the App and App Functions is at your own risk and you are responsible for compliance with all applicable laws;
- we convey the information available on the App without responsibility for accuracy and any errors contained in such information shall not be made the basis for any claim, demand or cause of action;
- we do not warrant that the content on this App, the App or any of the App Functions will be free of interruption or that the App is free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties. BluMaiden is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error;
- we do not warrant that the App Functions contained in or performed or enabled by or through the App will meet your requirements, that the operation of the App and/or App Functions will be uninterrupted or error-free, or that defects in the App and/or App Functions will be error-free. Without prejudice to the foregoing, BluMaiden does not warrant and hereby disclaims any representation, warranty or term with respect to the App or the App Functions, whether express, implied or statutory, including, but not limited to:
- merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the App, App Functions, Content or Third Party Content;
- the App or any App Functions associated therewith being uninterrupted or error-free, or that defects will be corrected or that the App and any related computer system is and will be free of all viruses and/or other harmful elements;
- the App Functions or Content or Third Party Content will at all times be available and/or accessible; and
- the App or App Functions being compatible or working with any third party software, applications or third party services;
- we shall bear no liability whatsoever in connection with the design, development or administration of any aspect of the App or App Functions, your interactions with the same or your participation in any App Functions;
- we are not liable for any delay or failure of the App or the App Functions to perform. There is no guarantee that you will be able to access the App whenever and wherever desired. There may be extended periods of time when you cannot access the App for various reasons, many beyond our control.
- You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the App and any App Functions and performed by or accessed through the Appis at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
- Further, nothing in these App User Terms constitutes any representation or warranty by us as to your rights (if any) to use any content submitted by any third parties, including Third Party Content, all of which representations and warranties are expressly disclaimed.
- You agree to indemnify, defend and hold harmless BluMaiden, its officers, directors, employees and agents from and against all claims, demands, losses, expenses, damages, costs and liability, including reasonable attorneys’ fees, arising out of or in connection with any breach of these App User Terms, any breach of any applicable law by you, your breach of any third party’s rights, your use of the App or the App Functions or any activity related to your use of the App (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or any other person accessing the App using your user name and password.
- This clause shall survive the termination or expiration of these App User Terms (howsoever caused).
J. LIMITATION OF LIABILITY
- To the maximum extent permitted under applicable law, BluMaiden, our officers, directors, employees and agents shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (whether direct or indirect) of or otherwise in connection with your use of or reliance on the App or App Functions, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection with any reliance on any Content or Third Party Content or other content or any other information made available or accessed on or through the App or contained in or available from the App or your use or reliance on any products or services on, available or accessed via the App and/or the App Functions or any infringement of any rights arising in connection therewith, including without limitation any death, personal injury, loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof.
- We reserve the right to terminate or suspend your use of the App without prior notice to you, at any time and for any or no reason including inappropriate behaviour on the App. Without limiting the foregoing, if you breach these App User Terms or conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the App, the App Functions or any information systems connected or in operation with the same, we reserve the right to suspend or permanently terminate your access to the App and the App Functions for any reason in our sole and absolute discretion.
- You agree and acknowledge that any suspension or termination of your access to the App may be effected without prior notice, and agree that the App may immediately deactivate. Further, you agree and acknowledge that to the maximum extent permitted under applicable law, we shall not be liable for the discontinuation or termination of your access to the App.
L. PERSONAL DATA
- Our collection, use and disclosure of your Personal Data is governed by our Data Protection Policy https://babypass.health/data-protection, the terms of which are also incorporated into these App User Terms by reference and apply your use of our App.
- It is a continuing condition of your use of the App that you agree to the terms of our Data Protection Policy as amended from time to time.
M. EMAIL AND CORRESPONDENCE
- By providing your email address or registering as a member of the App, you acknowledge and agree to BluMaiden sending you emails relating to your account.
- You can unsubscribe to e-mails at any time by clicking on the unsubscribe link in any of our email communications.
- While Babypass welcomes links to our App from other websites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our App, you must link to our home page at www.babypass.health, and even then only with our written consent.
O. THIRD PARTY SITES AND LINKS
- We may provide links to third party sites. We have no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource.
- You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.
- We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, BluMaiden shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.
- You may not transfer any rights or obligations you may have under these App User Terms. We reserve the right to transfer or to subcontract any right or obligation under these App User Terms at our sole discretion without your consent.
- If any term or provision of these App User Terms is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect these App User Terms other terms or provisions, or the whole of these App User Terms, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and these App User Terms’ purposes.
- Nothing in these App User Terms shall constitute or be deemed to constitute an agency, partnership or joint venture between BluMaiden and you and neither party shall have any authority to bind the other in any way.
- A person who is not a party to these App User Terms has no right to enforce or enjoy the benefit of any term of these App User Terms under the Contracts (Rights of Third Parties) Act (Chapter 53B).
Q. GOVERNING LAW AND ARBITRATION
- These App User Terms shall be governed and construed in accordance with the laws of Singapore.
- By accessing this App, you agree that final and binding arbitration shall be the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these App User Terms, the Website (including your visit to or use of the App) or the App Functions, except to the extent that either you or BluMaiden have in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
- The reference to arbitration in these App User Terms shall be a submission to arbitration within the meaning of the Arbitration Act (Cap. 10) for the time being in force in Singapore. Such arbitration shall be conducted in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into this Clause, except in so far as such Rules conflict with the express provisions of this Clause, in which event the provisions of this Clause will prevail.
- The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one (1) arbitrator to be appointed by mutual agreement between you and BluMaiden. Any party may propose to the other(s) the name or names of one (1) or more persons, one (1) of whom would serve as the arbitrator. If no agreement is reached within thirty (30) days after receipt by one (1) party of such a proposal from the other, the arbitrator shall be appointed by the President of SIAC. The arbitrator must not be a present or former employee or agent of, or consultant or counsel to, any party or any related corporation as defined in Section 6 of the Companies Act (Cap 50) of any party.
- Any decision or award of an arbitral tribunal appointed pursuant to this Clause will be final and binding on both you and BluMaiden and the execution thereof may be entered into any court having jurisdiction.
- You undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
09 November, 2021
Copyright 2021 by BluMaiden Biosciences Pte Ltd, or any affiliate thereof. All rights reserved.