Terms of Use / Privacy Policy

  1. Home
  2. Terms of Use / Privacy Policy

Terms of Use

PLEASE READ CAREFULLY BEFORE USING THIS APPLICATION. BY CLICKING ON THE "ACCEPT" BUTTON, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU.

This end user licence agreement ("Agreement") is a legal agreement between you and Carer Pte. Ltd. ("us" or "we") governing the use of the "Carer" mobile application (the "Application"), our services offered via the Application or otherwise by us and any other software provided by us in connection with any of the foregoing (collectively, the "Services").

We license use of the Application to you on the basis of this Agreement. We do not sell the Application to you and we remain the owners of the Application at all times.

IMPORTANT NOTICE TO ALL USERS:

  • THE TERMS OF THIS AGREEMENT INCLUDE, IN PARTICULAR, LIMITATIONS ON LIABILITY IN PARAHGRAPH 6 AND AN INDEMNITY IN PARAGRAPH 8.
  • IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, WE WILL NOT LICENSE USE OF THE APPLICATION TO YOU AND YOU MUST NOT USE OUR APPLICATION.

You should print a copy of this Agreement for future reference.

1. TERMS OF USE

1.1 The provisions set out in this Agreement govern your access to and your use of the Application and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use the Application.

1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive, non-transferable licence to use the Application 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 Application, you confirm that:

  1. you have read the terms set out in this Agreement and agree to be bound by and comply with them; and
  2. you are of the age of majority, and have the legal capacity and are legally entitled to enter into this Agreement and to use the Services.

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 Application (including access to your account with us) at any time, remove or edit content (including content submitted by you) on the Application or on any of our affiliated websites (including social media pages), or cancel any Services provided to you.

1.6 We reserve the right to change, modify, suspend or discontinue any portion of the Services, Application or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. 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 These terms of use refer to the following additional terms, which also apply to your use of the Application:

  1. Our Privacy Policy (see Schedule 1), sets out our policy concerning the collection, use and disclosure of your personal data and any sensitive information you may upload onto our Application (i.e. personal information of potential candidates, etc.) (the "Data") in compliance with the Personal Data Protection Act 2012 (No. 26 of 2012) ("PDPA"). By using our Application, you consent to our collection, use and disclosure of the Data in the manner set out in our Privacy Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at sherlyn@carer.com.sg.
  2. Our Acceptable Use Policy (see Schedule 2) sets out the permitted uses and prohibited uses of our Application. When using our Application, you must comply with this Acceptable Use Policy.

1.8 We do not provide any healthcare, medical or nursing services and are only:

  1. providing a platform where users can hire qualified healthcare professionals and trained care aides, and where qualified healthcare professionals and trained care aides can apply to provide their services to users through the Application;
  2. facilitating access to selected caregiving related services offered by qualified healthcare professionals and trained care aides;
  3. providing a platform where users can update and store their personal information relating to medical appointments, medical records and history; and
  4. providing a platform where users can share and upload information, articles, content and materials on topics such as health, nutrition and care.

Accordingly, we are not responsible or liable for any decision or selection made by you in relation to the hiring of qualified healthcare professionals and trained care aides or the content posted on our Application by users. You are advised to verify and check the credentials, reliability and suitability of the qualified healthcare professionals and trained care aides and the content posted on our Application for your purposes.

1.9 We shall keep record of all details of your account, including any content or requests made through our Application. Such a record shall constitute final and conclusive evidence of the Services we provide to you under this Agreement.

1.10 You agree not to circumvent, attempt to circumvent, avoid or bypass us, the use of our Application and hire the services of any qualified healthcare professionals and trained care aides listed on our Application directly. We reserve the right to terminate this Agreement and our relationship with you without prior notice, at any time, if found to have breach this clause.

2. RESTRICTIONS

Except as expressly set out in this Agreement or as permitted by any local law, you undertake:

  1. not to reproduce, copy, modify, adapt, alter, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, the Application or any of the contents therein for any commercial or other purposes;
  2. not to make alterations to, or modifications of, the whole or any part of the Application, nor permit the Application or any part of it to be combined with, or become incorporated in, any other programs;
  3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, the Application or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
  4. to include our copyright notice on all entire and partial copies you make of the Application on any medium;
  5. not to provide or otherwise make available the Application 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; and
  6. to comply with all applicable technology control or export laws and regulations.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights in the Application anywhere in the world belong to us, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application other than the right to use them in accordance with the terms of this Agreement.

3.2 You acknowledge that you have no right to have access to the Application in source code form.

3.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

3.4 Our status (and that of any identified contributors) as the authors of content on the Application must always be acknowledged.

3.5 You must not use any part of the content on our Application for commercial purposes without obtaining a licence to do so from us or our licensors.

3.6 If you print off, copy or download any materials from our Application in breach of these terms of use, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. UPLOADING CONTENT TO OUR APPLICATION

4.1 Whenever you make use of a feature that allows you to upload content to our Application, you must comply with the content standards set out in our Acceptable Use Policy. We have the right to remove any posting you make on our Application if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

4.2 You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our Application complies with our Acceptable Use Policy and the PDPA. You also irrevocably and unconditionally agree and undertake that you will be liable for and indemnify us against any all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us as a result of a breach of your representation, warranty and/or indemnity.

4.3 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 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.

4.4 We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Application constitutes a violation of their rights under Singapore law.

4.5 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 Application.

5. WARRANTY

5.1 While we make all efforts to maintain the accuracy of the information on the Application, we provide the Services, Application and all information, content, materials, products 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 Application is at your sole risk.

5.2 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 Application, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

6. LIMITATION OF LIABILITY

6.1 We only supply the Application for domestic and private use. You agree not to use the Services, the Application 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 Application or any other website or software) for:

  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss or corruption of data or information;
  5. loss of business opportunity, goodwill or reputation; or
  6. any indirect or consequential loss or damage.

6.2 Nothing in this Agreement shall limit or exclude our liability for:

  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; and/or;
  3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

6.3 We are not responsible for, and you agree to hold us harmless from and against, the actions or omissions of any third party independent service providers. If an emergency or urgent medical situation arises in your case, you are advised to immediately contact the relevant medical institutions for emergency medical care.

6.4 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and the Application. 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 Application 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.

6.5 All requests for the provision of the Services shall be communicated through the Application, or by means as we deem fit.

7. ONLINE PAYMENT

7.1 When making payment for any of our Services on our Application, you may be re-directed via a secure connection to the payment gateway used by us (the "Payment Gateway"). You agree to be bound by the additional terms of service applicable to the Payment Gateway. The use of the Payment Gateway is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable before using the Payment Gateway.

7.2 We do not provide any warranties with respect to the Payment Gateway. You acknowledge that we have no control over the Payment Gateway, and shall not be responsible or liable to anyone for their use of the Payment Gateway. The availability of the Payment Gateway, or the integration or enabling of the Payment Gateway with our site does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us. We do not guarantee the availability of the Payment Gateway and you acknowledge that we may disable access to the Payment Gateway at any time in our sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of the Payment Gateway.

7.3 Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages that result from your use of the Payment Gateway. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7.4 You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable legal fees, arising out of your use of the Payment Gateway.

7.5 You may also purchase stored credits stored with your account through the Application which can be used to pay for the Services, or by other means as we may designate from time to time.

8. TERMINATION

We reserve the right to terminate this Agreement and our relationship with you without prior notice, at any time.

9. INDEMNITY

You agree to indemnify and hold us, our related corporations, and our 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 legal fees, resulting from or arising out of your act, default or omission, whether in your use of the Application, 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.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.

10.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.

10.3 No partnership or agency or employment relationship has arisen by reason of this Agreement.

10.4 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.

10.5 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.

10.6 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.

10.7 This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Singapore law. We both irrevocably agree to the exclusive jurisdiction of the courts of Singapore.

Schedule 1

Privacy Policy

CARER PTE. LTD. ("We") are committed to protecting and respecting your privacy.

a. This privacy policy (together with our terms of use and any other documents referred to on it) sets out any personal information ("Data") which we collect from you, or that you upload onto our Application, Carer ("our Application"), will be processed by us. Please read the following carefully to understand our views and practices regarding your Data and how we will treat it.

b. The Personal Data Protection Act 2012 (the "Act") governs how we collect, use and disclose such Data. Under the Act, Data includes personal data of an identifiable individual.

c. Should you require any clarification to this privacy policy, our Data Protection Officer may be reached at sherlyn@carer.com.sg.

INFORMATION WE MAY COLLECT

d. We may collect and process the following data:

  1. Information that you provide to us through our Application (for example, your name, address, email address, contact information, medical records and medical history). This includes information provided at the time of registering to use our Application, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Application.
  2. If you contact us, we may keep a record of that correspondence.
  3. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  4. Details of transactions you carry out through our Application.
  5. Details of your visits to our Application and the resources that you access.

e. We will only collect information for as long as we are either required to by law or as is relevant for purposes for which it was collected.

IP ADDRESSES

f. We may collect information, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our affiliates and advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

COOKIES

g. Our Application uses cookies to distinguish you from other users of our Application. This helps us to provide you with a good experience when you browse our Application and also allows us to improve our Application.

WHERE WE STORE YOUR DATA

h. The Data that we collect from you may be transferred to, and stored at, a destination outside Singapore. It may also be processed by employees operating outside Singapore who work for us or for one of our suppliers. Such employees maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting the Data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your Data is treated securely and in accordance with this privacy policy.

i. All information you provide to us through our Application is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Application, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

j. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Data, we cannot guarantee the security of your Data transmitted to our Application; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

USES MADE OF THE INFORMATION

k. We use information held in the following manner:

  1. To ensure that content from our Application is presented in the most effective manner for you and for your computer.
  2. To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
  3. To carry out our obligations arising from any contracts entered into between you and us.
  4. To allow you to participate in interactive features of our service, when you choose to do so.
  5. To send you promotional offers and information from us, our affiliates and from selected sponsors or advertisers ("Marketing Offers"), when you have given us your prior consent. You may opt-out at any time from receiving such Marketing Offers by notifying us.
  6. To notify you about changes to our service.

DISCLOSURE OF YOUR INFORMATION

l. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap 50).

m. We may disclose your personal information to third parties:

  1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  2. If Carer Pte. Ltd. or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  3. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use.

YOUR RIGHTS

n. Our Application may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.

ACCESS TO INFORMATION

o. The PDPA gives you the right to access information held about you. Your right of access can be exercised in accordance with the PDPA. Any access request may be subject to a fee of S$10.00 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

p. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

q. Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to sherlyn@carer.com.sg.

Schedule 2

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our mobile application, Carer ("our Application"). This acceptable use policy applies to all users of, and visitors to, our Application.

Your use of our Application means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of Application use.

This Application is operated by Carer Pte. Ltd. ("we" or "us").

PROHIBITED USES

a. You may use our Application only for lawful purposes. You may not use our Application:

  1. In any way that breaches any applicable local or international laws or regulations.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time.
  4. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

b. You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our Application in contravention of the provisions of our terms of Application use.
  2. Not to access without authority, interfere with, damage or disrupt:
  1. any part of our Application;
  2. any equipment or network on which our Application is stored;
  3. any software used in the provision of our Application; or
  4. any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

c. These content standards apply to any and all material which you upload on our Application ("contributions").

d. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

e. Contributions must:

  1. Comply with Singapore law, in particular, the Personal Data Protection Act 2012 (No. 26 of 2012), and in any country from which they are posted.
  2. Be placed in the correct and appropriate categories. You shall be responsible for the authenticity and origin of the contributions.
  3. Ensure that you either have all ownership rights to the contributions posted or all rights allowing you to post the contributions.

f. Contributions must not:

  1. Infringe any copyright, database right or trade mark of any other person.
  2. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  3. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  4. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  5. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  6. Give the impression that they emanate from us, if this is not the case.
  7. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  8. Be false and misleading or uses the services on our Application in a manner that is fraudulent or deceptive.

g. We reserve to right to request that you amend or delete the contributions if it is found that any of the contributions posted by you is in contravention of this acceptable use policy.

h. Where you choose to terminate your account with us, you may delete all previous contributions made by you and retain a copy of the same.

SUSPENSION AND TERMINATION

i. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Application. When a breach of this policy has occurred, we may take such action as we deem appropriate.

j. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Application, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our Application.
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Application.
  3. Issue of a warning to you.
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

k. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

l. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Application.