Terms & Conditions

The Terms and Conditions were updated on 14 FEB 2022.
 
We, Kinexcs Pte. Ltd., its subsidiaries, branches, and controlled entities (“Kinexcs”, “we”, “our”, “us”), welcome persons who access and/or register on our Mobile Application (“you”, “your”) and subscribe to our service (including all forms of access – website, apps, third-party apps powered by the KIMIA app, etc.) (“Platform”, “App”). We ask that you review these terms and conditions, which are intended to constitute a binding agreement that governs your use of this App (“Terms And Conditions of Use”). Your use of the Platform in any form whatsoever will constitute agreement to these Terms And Conditions of Use.
 
1. Purpose
The purpose of the App is to provide information and access to our products, services, initiatives, background and history.

2. Terms And Conditions Of Use
By using our App, you agree to be contractually bound to the terms of the Terms And Conditions of Use and Privacy Policy, which shall have the same legal effect as if the Terms And Conditions of Use and Privacy Policy had been personally signed by you. To the extent permitted by law, the Terms And Conditions of Use are intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect. You agree not to challenge the validity of all electronic records related to your use of the Platform as evidence admissible in the courts of law on the grounds of its being in electronic form.

3. Access / Services
By entering into the Terms And Conditions of Use, you will be granted a revocable license to access the Platform. Your access privileges are conditional on your adherence to the terms of the Terms And Conditions of Use. We reserve the right to temporarily deny you access to the App or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of the Terms And Conditions of Use or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Platform, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Platform or deny you access to it.
The Platform is for use by independent adults over the age of 18 years old. The Platform is not to be used by those under the age of 18. However, the Platform may be used by adults to discuss healthcare concerns regarding their children under the age of 18.
It is your responsibility to ensure that it is lawful to access and use the services on the Platform in the country in which you are located. We accept no responsibility for the use of the Platform in any country where it is unlawful to do so.
Any information given on the Platform whether written, stated or implied, is for information purposes only. The information is provided “as is” and without warranty of any kind by us.
Your access to certain Kinexcs services and Platforms may be available to you through your health insurance or corporate benefit plan (your “Plan”), provided to you by a third party (your “Plan Sponsor”). Kinexcs, together with the doctors you have consultations with and Kinexcs staff, are independent from, and not an agent, employee, partner or representative of, your Plan Sponsor.
By using any services available to you through your Plan and by your Plan Sponsor, you authorise us to share basic identification and medical data with the Plan Sponsor for the purpose of claims processing and delivering the services in accordance with your Plan. We will take all reasonable steps to protect your personal information in accordance with our Privacy Policy.
Your access to any of the Kinexcs services and Platforms is not guaranteed by your Plan or by your Plan Sponsor.
Please contact your Plan Sponsor in relation to any coverage questions you may have regarding services provided by your Plan.
If you have a complaint or question about your Plan, please refer to your Plan documentation for the complaints procedure which you should follow, or contact your Plan Sponsor.
By using the Platform, you agree that any information you provide is true and accurate, is not misleading, and is offered in good faith. You are only permitted to access the Platform for personal use. You agree not to use the Service for any commercial, business or re-sale purpose.
Kinexcs reserves the right to deny any person access to the Platform in the event that that person makes excessive use of the services on the Platform in the reasonable opinion of Kinexcs and/or relative to typical usage patterns (the “Fair Usage Policy”) or is abusive or acts inappropriately to any employee or agent of Kinexcs. Inappropriate acts include, without limitation: (i) inappropriate, abusive, offensive behaviour or remarks; or (ii) ‘time-wasting’. In the event of excessive, inappropriate or abusive use, Kinexcs reserves the right to disable your access to the Platform and Services, if we feel that you have failed to comply with these Terms And Conditions of Use.
We have the right to disable any password or user identification if we feel that you have failed to comply with these Terms And Conditions of Use.
We provide a care coordination platform with a variety of different health services rendered on the platform. Specific terms and conditions for each of these services are listed below.
 
3a. Virtual Services
We provide a virtual service that could consist of educational information, physiological parameters, assessment reports, exercises, or incentives.
This Platform is offered directly through us or through our partners such as employers, insurance companies, healthcare providers or other organizations that provide access to the Platform to their customers, policyholders or other end-users.
The specific terms controlling your use of the Platform is controlled by these Terms And Conditions of Use, supplemented by any terms that are applicable in deployments through partners (the “Partner Terms”). In any case, where there is a conflict between Partner Terms and these Terms And Conditions of Use, these Terms And Conditions of Use shall prevail.
We disclaim any use of the Platform for the provision of any emergency services or care for acute medical conditions or where treatment/diagnosis in person is required.
The Platform is in no way designed to allow for the services rendered through it to replace the services of your regular in-person doctor or a hospital.
The information and advice provided by a doctor who uses the Platform should be used to increase your awareness of the options you may have available to you. This information is highly unlikely to be appropriate or sufficient in circumstances of emergency, where a physical examination and intervention are likely required.
The information and advice provided by doctors who use our Platform are based on the information you have supplied to our Platform and the doctor you are interacting with. We are absolutely not responsible for false or incomplete information provided by you that will affect the advice provided to you by doctors using our Platform. Further, you are solely responsible for understanding any information provided to you on the Platform.
 
3b. Payments
We may use a third-party payment processor to handle secure payment for chargeable Hosted App Services offered by a Hosted App Provider and are not responsible nor will be held liable for any acts or omissions of such third party payment processor.
Depending on your insurance policy or plan, services offered by Kinexcs may require payment from you. You may purchase a service or product directly from us or through a third-party payment provider. When you purchase a service or product (each, a “Transaction”) you may need to supply us or a third-party payment provider, payment details and any additional information required to complete your Transaction, including but not limited to your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You should be aware that online payment transactions are subject to validation checks by our third-party payment provider and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction, you authorize us to provide your Payment Information to third party payment providers to complete your Transaction and agree (a) to pay the applicable fees and taxes (if any); (b) that Kinexcs may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and to bear any additional charges that your App Provider, bank or other financial service providers may levy on you as well as any taxes or fees that may apply to your order.
You will receive a receipt of payment upon payment. Your order is not binding on Kinexcs until accepted and confirmed by Kinexcs. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Kinexcs.
Kinexcs reserves the right to not process or cancel your order in certain circumstances including but not limited to the following situations:- (i) if your credit card is declined, if we suspect the request or order is fraudulent, or (ii) in other circumstances Kinexcs deems appropriate in its sole discretion.
Kinexcs also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Kinexcs will either not charge you or refund the charges for orders that we do not process or cancel.

4. Limited License
Original material which we post on the Platform (“the Content”) is protected by intellectual property laws. This includes but is not limited to content which is created and owned by us. Such Content includes, but is not limited to photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained on the Platform, as well as the software used in the design and development of the Platform. You are hereby granted a non-exclusive license to use the Content, but only while accessing the Platform. The names and marks Kinexcs Pte. Ltd, Kinexcs, KIMIA logos and all other Kinexcs related marks depicted on the Platform, whether registered or unregistered, are trademarks or service marks of Kinexcs Pte. Ltd. All rights to use the Content are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Platform, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this Platform in frames (or any of the Content via in-line links) without our express written permission. In the absence of doubt, all material contained on the Platform is our property or that of our partners or licensors.

5. Disclaimer
a) Third Party Intellectual Property Rights
This Platform may contain images, materials, information, news, advertisements, listings, blogs, data, text, songs, audio, videos, graphics, software, webcasts, podcasts, broadcasts, messages, software and other material (“Third Party Content”) licensed to Kinexcs Pte. Ltd. for use on the Platform. Such content is the sole property of its respective owners. Except to the extent required for the limited purpose of reviewing Third Party Content on our Platform, electronic reproduction, adaptation, distribution, performance or display of Third Party Content is prohibited. This Platform may also contain references to third-party trademarks and names. Such trademarks and names are the sole property of their respective owners.
b) Links
This Platform may also contain hyperlinks and other links to sites operated by publishers other than Kinexcs Pte. Ltd., including, but not limited to, content distributed by Kinexcs but owned by third parties (“Hyperlinks). Such Hyperlinks are provided for your reference and convenience only. These linked sites are not under Kinexcs Pte. Ltd.’s control and may be governed by their own terms of use. We have not developed or reviewed the content appearing in or on such linked sites and you agree not to hold us responsible for the content or operation of such linked sites. A Hyperlink does not and should not be deemed to imply that Kinexcs Pte. Ltd. in any way endorses, sponsors or supports the content, operator or owner of such linked sites. You understand that the Platform or the linked sites may contain illegal or objectionable content or dangerous viruses or other disabling or harmful components. If you decide to access the Platform or any third party sites linked from our Platform, you do so at your sole and exclusive risk. You assume your complete responsibility for any loss or injury sustained by you as a user of any linked site, including those caused by malicious actions of third parties in relation to infection by computer virus programs, malicious code or unwanted software that may infect your computer after selecting a link to a third party website provided on our Platform, or any harm whatsoever that may come about from the use of any content on the Platform. We make no representation or warranty that the linked sites will conform to any description thereof or perform any desired operations or functions, be uninterrupted or error-free, or be free of viruses, worms, trojan horses or other disabling or harmful components. We do not represent or endorse and hereby disclaim any obligation or responsibility to verify the correctness, quality, accuracy, reliability, performance, completeness, timeliness, or continued availability of any of the content contained on linked sites. No guarantee is made that the links will successfully direct you to the intended third-party website, that such website remains available for viewing or that you are not re-directed to an unintended third party website in error or by the action of third parties.
This section may not be applicable if accessing the Platform via a third-party application.

6. Limitation Of Liability
WE DO NOT ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS PLATFORM OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

7. Privacy
a) In General
We collect information about you that you provide to us and from cookie files. We may use this information for internal analysis or to contact you about offers or promotions that we sponsor, subject to the terms of our Privacy Policy. We will not knowingly provide any of this information (except in the form of aggregated statistics that do not link you or your identity to any specific information and do not identify you as a visitor to our Platform) to third-parties unless we obtain your permission or are compelled to do so by court order or are required to do so by local law.
 
b) Privacy Policy
The Privacy Policy is incorporated into and forms part of the Terms And Conditions of Use. Your acceptance of the Terms And Conditions of Use also includes acceptance of the terms of our Privacy Policy. In any conflicts between the Terms And Conditions of Use and the Privacy Policy, the Privacy Policy will take precedence.

8. Unsolicited Email Spamming Spoofing
You may not use this Platform to transmit unsolicited emails. You may not send unsolicited email to this Platform or to anyone whose email address includes the domain name used on this Kinexcs’ Website (https://www.kinexcs.com). You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else’s or spoof their identity’s when using this Platform.
This section may not be applicable if accessing the Platform via a third-party application.

9. Violations Indemnification
Your access privileges are conditioned on your adherence to the terms of the Terms And Conditions of Use. If you violate any of the terms of the Terms And Conditions of Use, you agree that we may deny you access to our Platform. You further agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of any violations of the Terms And Conditions of Use.
 
10. Complete Terms And Conditions Of Use No Representations
The Terms And Conditions of Use constitutes the entire agreement between you and us relating to your access to and use of our Platform and supersedes any prior or contemporaneous representations or agreements (other than the Privacy Policy which shall control in any conflict between it and the Terms And Conditions of Use). Any rights not otherwise expressly granted by the Terms And Conditions of Use are reserved by us. The Terms And Conditions of Use may not be modified, either expressly or by implication, except as set forth below in Section 11.
 
11. Modifications Termination
a) In General
Our employees are not authorized to vary the terms of the Terms And Conditions of Use. The Terms And Conditions of Use may be modified only (1) by obtaining our written consent in a notarized agreement signed by us, or (2) as set forth below in subpart (b).
 
b) Periodic Revisions
You agree that we may modify the terms of the Terms And Conditions of Use in our sole discretion, without advance notice, and that your right to access our Platform is conditioned on an ongoing basis on your compliance with the then-current version of these Terms And Conditions of Use. We will post a notice on this page for thirty (30) days following any revisions or modifications to the Terms And Conditions of Use. You agree to review this page at least once every thirty (30) days.
We may update the Platform from time to time and may change the content and service offered through it at any time, to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. We will not make any changes to the Platform, which will adversely affect you without notifying you first.
 
12. Dispute Resolution Jurisdiction
In the event of any dispute, controversy or claim arising out of or relating to the use of our Platform, you agree not to proceed to any form of dispute resolution UNLESS both you and us (“the Parties”) have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre. A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process. The Terms And Conditions of Use shall be governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of Singapore Courts to resolve any issue arising from the use of this Platform.
 
13. Construction
If any portion of the Terms And Conditions of Use is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Terms And Conditions of Use as possible.

Questions, Complaints And Contacts
If you have any questions about the Terms And Conditions of Use, our policies and practices, your rights under this statement, and your dealings with Kinexcs, send an email to info@kinexcs.com or by mail to the address below:
 
Data Protection Officer
Kinexcs Pte Ltd
71 Ayer Rajah Crescent, #02-01,
Singapore 139951
Dated: 14 February 2022