TERMS AND CONDITIONS OF USE OF PHARMACARESINGHEALTH.SG WEBSITE
Welcome to SingHealth Pharmacare ("SPC") Website, an online shopping portal that allows you to purchase healthcare products conveniently. www.pharmacaresinghealth.sg is operated by Singapore Health Services Pte Ltd. and its Affiliates (collectively, "us", "we" or "SingHealth").
By accessing or using our Website at www.pharmacaresinghealth.sg (hereinafter referred to as "Site" or SPC), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and Policies, whether or not you are only accessing the Site for viewing purposes or as a Registered User (defined below) of the site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of Site after any such changes constitutes your acceptance of the new Terms of Use.
If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
This website is owned by Singapore Health Services Pte Ltd (“SingHealth”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING THE SITE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY PART OF THESE CONDITIONS OF USE, DO NOT USE THIS SITE.
1 SITE CONTENT
1.1 The content of the Site includes but is not limited to information, data, software, photographs, graphics, videos, text, images, illustrations, maps, typefaces, sounds, names, logos, trade and service marks, links and other material (collectively referred to as "the Content") that are protected by copyright or other proprietary rights in both Singapore and elsewhere, such rights being valid and protected in all forms, media and technologies now existing or hereinafter developed. The selection, coordination, arrangement, integration and enhancement of the Content are subject to copyrights or patents held by or licensed to SPC.
1.2 You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may view and download a copy of the Content on the Site solely for your personal and non-commercial purposes. No right, title or interest in any material downloaded from the Site is transferred to you as a result of such downloading or copying. Any other use of the Site or the Content is strictly prohibited, unless the written permission of SPC is first obtained in writing.
1.3 No part or parts of the Content may be reproduced, broadcast, framed, hyperlinked or transmitted in any manner or by any means or stored in an information retrieval system without the prior written consent to SPC.
1.4 You may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information or the services found on the Site in any manner without the express written consent of SPC, or use such information or services for any unlawful or unauthorized purpose.
1.5 If you violate any of these Terms and Conditions, your permission to use any of the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
2 DISCLAIMERS
2.1 SPC does not warrant or represent that your use of the Site will not infringe the rights of third parties.
2.2 All information and materials found in the Site are for informational purposes only and are not meant to substitute any advice provided by your own physician or other medical professionals. You should not use such information and materials found on the Site for the purpose of diagnosis or treatment of a health condition or disease or for the prescription of medicine. You should always consult your own physician and medical advisers.
2.3 The Site may contain links to web sites maintained by other people and/or companies. SPC does not monitor the content on these sites nor does SPC have the ability to control these sites. For these reasons, SPC explicitly disclaims any responsibility for the accuracy, content, availability of information, copyright compliance, legality or decency of material contained in sites that link to or from the Site from third parties not associated with SPC and you irrevocably waive any claim against SPC with respect to such sites. SPC does not endorse or make any representations whatsoever as to the content of third party sites included in the Site whether or not such link was created by SPC.
2.4 SPC PROVIDES THE USE OF THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY THAT:-
2.4.1 YOUR USE OF THE SITE WILL BE ERROR-FREE, FREE FROM COMPUTER VIRUSES, SECURE, TIMELY, UNINTERRUPTED OR WILL MEET YOUR REQUIREMENTS; OR
2.4.2 ANY MATERIAL YOU DOWNLOAD FROM THE SITE OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE WILL NOT CAUSE DAMAGE TO OR IMPEDE THE FUNCTIONS OF YOUR COMPUTER SYSTEM OR RESULT IN LOSS OF DATA; OR
2.4.3 THE PRODUCTS OR SERVICES MADE AVAILABLE ON OR PURCHASED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR ARE FIT FOR A PARTICULAR PURPOSE OR MERCHANTABLE OR OF SATISFACTORY QUALITY; OR
2.4.4 THE CONTENT IS ACCURATE, AUTHENTIC, ADEQUATE, APPLICABLE, TIMELY, COMPLETE OR RELIABLE AT THE TIME OF PUBLISH.
2.5 None of the Content or any statement made on or obtained through the Site or any oral or written communication between you and SPC (including email or any other electronic communication) shall create or give rise to any warranty unless expressly stated in these Terms and Conditions.
3 SALE CONTRACTS
3.1 Definitions
Except where the context otherwise requires, any reference in these Terms and Conditions to:
3.1.1 "Contract" means the contract for the sale of Products by SPC to Customer evidenced by an Order Receipt duly accepted by SPC.
3.1.2 "Customer" means the person whose order to purchase Products has been duly accepted by SPC.
3.1.3 "Products" means any goods or services and information which are advertised on the Site for the Customer's placement of Order Receipt.
3.1.4 "Order Receipt" means the order made by a Customer for the purchase of a Product or Products.
3.1.5 "Supplier" means the vendor from whom SPC may procure the Product or Products for sale to the Customer.
3.2 Acknowledgment and Acceptance of Terms
The provision of the following services to the Customer:
3.2.1 the sale to the Customer of Products pursuant to the Agreement;
3.2.2 the provision of information via the Site;
3.2.3 the facilitation of the delivery of Products;
3.2.4 the provision of such services as may be made available to the Customer which may be provided via the Site from time to time; and
3.2.5 the provision of any other services as may be ancillary to the above or such other services which SPC may provide to the Customer.
shall be conditional on the Customer's acceptance of and compliance with these Terms and Conditions. The above services are also subject to any operating rules or policies that may be introduced or implemented by SPC from time to time.
3.3 Contract for Purchase of Products
3.3.1 All orders for Products offered for sale on the Site may only be made upon checking out of products at the cart page.
3.3.2 In the event SPC is unable to meet a Customer's Purchase Order and provide the Customer with the Product or Products ordered by the Customer, for any reason whatsoever, including but without limitation, a shortage of stocks of the Product or Products, SPC shall inform the Customer accordingly and refund the Customer the amount paid by the Customer for the Product or Products in question via the original payment method, to reverse or nullify such payment. In such event, the Contract shall terminate and neither party shall have any claim against the other with respect to this Contract, these Terms and Conditions and the Product or Products in question.
3.3.3 With respect to certain Products, SPC may set down additional terms and conditions, which are specific to the sale of such Products, and such specific terms and conditions shall apply to any Contract for the sale of these Products. In the event of any conflict between these specific terms and the Terms and Conditions within this Clause 3, the [specific] terms shall prevail.
3.3.4 Any attempt by the Customer to alter any part of these Terms and Conditions or of the Terms and Conditions within this Clause 3, shall not have any effect whatsoever, and shall under no circumstances bind SPC in any way whatsoever.
3.4 Payment
3.4.1 All payments to be made by Customers under each and every Contract shall be by way of credit card and/or NETS, unless alternative modes of payment have been approved by SPC.
3.4.2 If payments are not received within 24 hours from time of order created, SPC shall have the right to cancel order and Customer will be notified through email notification.
3.4.3 All amounts payable by a Customer to SPC under a Contract shall be inclusive of prevailing goods and services tax "GST".
3.4.3 Payments in cash and cheques are not accepted.
3.4.5 Unless specified otherwise, all payments shall be in Singapore Dollars.
3.5 Delivery and Click & Collect
3.5.1 SPC shall effect delivery of Products within the Republic of Singapore only, which for the avoidance of doubt, consists of the island or mainland of Singapore including Sentosa and the Brani islands.
3.5.2 SPC shall use its best endeavors to effect delivery within 3 - 5 working days in Singapore from the date of confirmed order with full payment made to SPC.
3.5.3 If a Customer fails to enable SPC to make delivery (whether by refusal or failure of the Customer to provide SPC with any instructions to enable SPC to deliver the Products), SPC may store the Products and to charge the Customer any expenses incurred for such storage, including but not limited to costs of re-delivery, insurance, handling, administration and other costs incurred in respect of the Products or otherwise dispose of the Products in such manner as it deems fit, in which case, the Customer shall have no claims whatsoever against SPC in respect of such disposal.
3.5.4 SPC shall not be liable for any losses, damages or expenses sustained by the Customer or any other person in consequence of any delays in delivery of a Product if such delivery is delayed at the Customer's request or owing to the Customer's refusal or inability to take delivery of the Product by reason of a lack of reasonable access to the address or place for delivery of the Product or of causes beyond the control of SPC. If delivery is so delayed or cancelled, the Customer shall not be entitled to cancel the Contract.
3.5.5 Customer can also opt to collect their orders at the selected SPC store(s) via Click & Collect An email notification will be sent to customer once the order is ready for collection within 7 - 10 working days.
3.5.6 Any uncollected Click & Collect orders within 14 days of email notification, the order will be returned to warehouse and no refunds will be made.
3.6 Product Quality
3.6.1 SPC shall not be liable for any defects in a Product unless the Customer shall, within 14 calendar days after placing the order for the Product, have given SPC notice in writing of the matters complained of.
3.6.2 SPC's liability for breach of a condition or warranty is limited in the case of the Products to, at SPC's election, either the replacement of the Products with equivalent products or the payment of the cost of replacement of the Products or of acquiring equivalent Products.
3.6.3 Any Product returned by a Customer to SPC within 14 calendar days from the date of placing order of the said Product to the Customer for a refund or exchange of the said Product for another Product ("Replacement Product") provided that the Product is returned unused in its original condition in its original box and packing material, together with all ancillary items and materials, including but not limited to instruction leaflets, spare parts, accessories and manuals which are provided with or are part of the Product. Should any of the aforesaid items, parts or materials be missing from the Product on return to SPC, SPC reserves the right to charge the Customer a fee in respect of each item, part or material which is missing from the returned Product. The Customer shall also bear any difference in price where the returned Product is of lower value than the Replacement Product. Customer will also bear the cost of return to SPC warehouse or choose to drop off return product at designated Pharmacare store.
3.6.4 Upon verification by SPC that a Product returned by a Customer is intact, unused and in its original condition, SPC will make the required refund or replace the Product. SPC reserves the right to refuse the return of any Product which has been used or damaged whilst in the Customer's possession.
3.6.5 All pictorial representations (including the specifications and colours) of the Products are to be treated as indicative only and SPC shall not be liable if the Products do not comply with such pictorial representations.
3.7 Title and Risk
3.7.1 Property and title in the Products will not pass to the Customer until receipt of full payment for the Products in cash or by way of cleared funds and the Products have been delivered to the Customer.
3.7.2 The Customer shall hold the Products delivered as fiduciary agent and as bailee for and on behalf of SPC until payment is received in accordance with Clause 3.7.1 above.
3.7.3 The risk in the Product shall pass to the Customer when the Products leave the premises of SPC or its supplier or such other location where the Products may be stored.
3.8 Reward Program
3.8.1 Only Customers registered as members of the Site in accordance with Clause 4 below ("Registered Member") shall be eligible to participate in the Site's "Reward Points Program" in which a Registered Member of the Site may accumulate or be awarded points ("Reward Points") for each purchase made on the Site (excluding shipping fees) and such points so accumulated will entitle the Registered Member to certain benefits and membership tiers. SPC will determine, in its sole discretion, the number of Reward Points to be awarded to each Customer and such decision shall be final.
3.8.2 Reward Points Program and all the benefits thereunder are made available at the sole discretion of SPC. SPC shall be entitled to limit, suspend, terminate or otherwise amend any aspect of the Reward Points Program without notice to the Customers.
3.8.3 Reward Points cannot be transferred to another Registered Member and in the event that Reward Points are used to offset Order and Order is returned, Reward Points will not be refunded back into Registered Member’s account.
4 REGISTRATION
4.1 You have the option to register as a member of the Site. It is necessary to register as a member to order and purchase Products on the Site. Once registered, the Customer will no longer be required, on his subsequent access to the Site and placements of future orders on the Site, to provide certain information required for the purchase of Products. Each user is entitled to register for one account only.
4.2 Upon submitting your registration form, you warrant that all information you are required to furnish about yourself is at all times true, accurate, current and complete. You also warrant that you have legal capacity to bind yourself to these Terms and Conditions herein. You further undertake to maintain and update your membership records as soon as any change occurs in your particulars.You have given SPC the rights to use the information provided by you to complete the sales order which include but not limited to contact you via phone, email or mails.
4.3 You have the sole responsibility of maintaining the confidentiality of your User ID and the Password that you have set upon registration. You may not use any e-mail address which breaches the intellectual property rights or other property rights of any person or entity. SPC reserves the right to prohibit the use of any e-mail address which SPC, in its sole discretion, deems inappropriate. You agree to maintain the integrity of the Site and of the Content by exercising proper judgment and following standard good practice. If it comes to your attention or you suspect that there has been unauthorised use of your Password or any other security breach, you undertake to inform us immediately.
4.5 SPC may at its sole discretion temporarily or indefinitely suspend or terminate your membership of and access to the Site or any part thereof, if SPC has reasonable belief or suspicion that you provide SPC with false, misleading, outdated and incomplete information upon registration or if you are in breach of these Terms and Conditions herein or if SPC is unable to verify or authenticate any information you have furnished. SPC is under no obligation to determine conclusively that you are indeed in breach of these Terms and Conditions before taking any such action. Upon termination of your membership, any Reward Parts accumulated in your account will be deemed invalid.
4.6 All information and particulars provided by you upon registration or upon placing an Order shall be governed by the terms of SPC's Privacy Policy. SPC consistently takes reasonable steps in accordance with the Privacy Policy, which is incorporated into the Terms by reference.
4.7 As a registered member of the Site, you will be wholly responsible for the use of your membership account, whether or not you have authorised such use. In the event where a third party places Orders on behalf of a member or otherwise uses a member's account for whatever purpose, including but not limited to an adult child placing Orders on behalf of his or her parent or otherwise using his or her parent's membership account, the member shall be deemed to be wholly responsible for the third party's use of his membership account, whether or not such use has been authorised.
5 RESTRICTIONS ON OFFICERS AND EMPLOYEES OF SINGAPORE HEALTH SERVICES PTE LTD
5.1 Officers and employees of SPC [and their immediate relations] are prohibited from participating in any activity, including but not limited to contests, competitions, polls and games conducted on the Site. Any officer or employee [or their immediate relations] who, in contravention of this Clause participates in such activity, shall not be entitled to any Reward Points which may be accumulated by participation in such activities unless the activities are approved by the Management of SPC.
6 INDEMNITY
6.1 You agree to defend, indemnify and hold SPC harmless against all claims, expenses (including legal expenses and those of other professionals) loss, damages of any nature whatsoever and howsoever made or incurred by a third party as a result of or in connection with your breach of any of these Terms and Conditions, your posting of any materials, your use of or access to the Site (or any part thereof), your violation of any third party rights or any harm or detriment caused by you to a third party. In the event SPC is required to defend any claims made by third parties, you agree to cooperate and assist in mounting and sustaining SPC's defence to the best of your ability including furnishing to SPC all relevant evidence in your possession.
7 EXCLUSION AND LIMITATION OF LIABILITY
7.1 SPC IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY CLAIMS, EXPENSES, LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL CAUSE OF ACTION, EVEN IF SPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, EXPENSES, LOSSES OR DAMAGES. ANY LIABILITY ARISING FROM OR IN CONNECTION WITH THE FOLLOWING ARE EXPRESSLY EXCLUDED:-
7.1.1 YOUR RELIANCE ON OR USE OF ANY OF THE CONTENT OR FACILITY INCLUDED IN THE SITE;
7.1.2 YOUR USE OF OR INABILITY TO USE THE SITE DUE TO TECHNICAL FAILURES OR OTHERWISE; AND
7.1.3 UNAUTHORISED USE OF YOUR MEMBERSHIP ACCOUNT AND/OR PASSWORD;
7.1.4 YOUR DEALINGS WITH ANY THIRD PARTY ON OR THROUGH THE USE OF THE SITE.
7.1.5 YOUR USE OF ANY CREDIT OR CHARGE CARD TO EFFECT ANY TRANSACTION UNDER THIS AGREEMENT
SPC'S LIABILITY TO YOU OR ANY THIRD PARTY IS IN ANY EVENT LIMITED TO THE SUM OF S$100. THIS CLAUSE SHALL TAKE EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
8 POSTING OF INFORMATION AND/OR MATERIAL BY YOU
8.1 For the purposes of these Terms and Conditions, to "post" materials, advertisements or communications on the Site includes to upload, transmit, communicate, disseminate, distribute, make available, display, publish, provide links to any materials, or to knowingly assist in the doing or to offer to do any of these acts. "Postings" shall accordingly refer to materials, advertisements or communications posted by way of any of these acts.
8.2 You agree not to do the following:
8.2.1 impersonate any person or entity, misrepresent any affiliation with any person or entity, falsify or delete any of the Content, to create false addresses or material, whether by misappropriating the use of handles, nicknames, nicks, user-ids or otherwise;
8.2.1 post any content that is defamatory, sacrilegious, offensive, unlawful, false, misleading or that harasses, threatens harm or detriment on any person, violates his privacy or is in the nature of chain letters, pyramid schemes, spam, junk email or that is otherwise objectionable;
8.2.2 post any material that inhibits SPC's administration of and use by others of the Site or that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, surreptitiously intercept any system, data or personal information or that limits the functionality of any computer software or hardware or telecommunications equipment or do anything to undermine the security, integrity or operation of the Site and the Content; and
8.2.3 cheat, commit fraud or otherwise contravene any Singapore laws which may be in force from time to time, including but not limited to any applicable Code of Practice or Regulation relating to electronic communications or the Internet.
8.3 You acknowledge that the Internet is not a secure environment and that others may read, view and/or download your Postings without your knowledge.
8.4 SPC may at any time at its sole discretion remove, edit, refuse to post, block access to or take some other course of action with respect to the whole or part of your Postings, if SPC has a reasonable suspicion or belief that you are in breach of these Terms and Conditions. SPC is not obliged to determine conclusively that you are indeed in breach of these Terms and Conditions before taking any such action.
8.5 Subject to our Privacy Policy, you will automatically grant SPC a royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Postings alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
9 FORCE MAJEURE
9.1 SPC is not liable for any delays, omissions or failures in the performance of its obligations under these Terms and Conditions if such delay, omission or failure is the result of acts of God, acts of war, civil unrest, states of emergency, industrial disputes or unrest, material shortages or rationing, law or governmental regulations, failures or interruptions in the supply of utilities or in respect of any telecommunication or information system or any other cause beyond our reasonable control.
10 NO AGENCY
10.1 No agency, partnership, joint venture, relationship of employer-employee or master-servant is created between you and SPC by these Terms and Conditions or your use of the Site. SPC shall at all times be independent contractors.
11 NOTICES
11.1 All notices and other communications from SPC to you may be conducted by email to the email address you furnished to SPC during registration or that you furnished when prompted to do so in the course of using any of the facilities made available on this Site. Notice is deemed given twenty-four (24) hours after email is sent. SPC may also choose to give you notice by registered post to the address you furnished during registration, in which case notice is deemed given three (3) days after the date of posting.
11.2 Except as expressly stated otherwise, your communications and notices to SPC shall be given by contact with our Customer Service and Marketing team
11.3 It is your sole responsibility to ensure that your electronic mailbox is in proper working order for any communications with SPC. You are liable for any resulting damage, expense, loss, risk from or other consequence of any failure in the operation of your electronic mailbox.
12 ADDITIONAL TERMS
12.1 The following documents/notices are incorporated by reference: PRIVACY POLICY, ORDERING AND DELIVERY POLICY, PAYMENT POLICY, RETURN POLICY. In the event of any conflict between the terms or provisions of the documents/notices listed below in this Clause 12 and these Terms and Conditions, these Terms and Conditions shall prevail.
13 ASSIGNMENT
13.1 Your rights or obligations under these Terms and Conditions may not be assigned either in whole or part without SPC's prior written consent. SPC, however, reserves the right to assign its rights or obligations under these Terms and Conditions.
14 GOVERNING LAW, WHOLE AGREEMENT, MISCELLANEOUS
14.1 These Terms and Conditions constitute the entire agreement between you and SPC and govern your use of the Site. Any prior written or oral agreement between you and SPC is hereby superseded. This Agreement shall be governed in all respects by the law of Singapore and if any of these Terms and Conditions is held to be invalid or unenforceable, the particular Term(s) shall be severed to the extent that it is invalid or unenforceable, leaving the remaining Terms and Conditions or parts thereof enforceable. Words importing the singular shall include the plural and vice versa and words importing one gender shall include any other gender. Headings are for the purpose of convenient reference only and shall not be construed so as to define or limit the scope of these Terms and Conditions. Any delay or failure on our part to take action against any breach of these Terms and Conditions by you does not constitute a waiver of any kind of our rights, now or in the future, under this Agreement.
14.2 All such electronic records of any Purchase Order and any other electronic record relating to a Contract, the Site, these Terms and Conditions or any service, product or service contemplated hereunder as may be maintained by SPC shall be conclusive evidence of the contents thereof. The Customer agrees to the admission as evidence in any court of competent jurisdiction such electronic records and further agrees not to challenge or dispute the authenticity or accuracy thereof.
14.3 This Site is based in Singapore. We make no claims that the Content is appropriate or may be downloaded outside Singapore. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Singapore, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.