1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PERMITTED AND PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENCE
8. GUIDELINES FOR REVIEWS
9. MOBILE APPLICATION LICENCE
10. SUBMISSIONS
11. THIRD-PARTY WEBSITE AND CONTENT
12. SITE MANAGEMENT
13. PRIVACY POLICY
14. COPYRIGHT INFRINGEMENTS
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. MISCELLANEOUS
25. CONTACT US
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CURBSIDE PTE. LTD. ("Curbside", "Company", "we", “us", or "our"), our subsidiaries, affiliate and related corporations, concerning your access to and use of any website, application programming interface, or any electronic application owned or maintained by Curbside or any of its affiliates or related corporations, including but not limited to, https://www.curbside.academy website as well as any other media form, media channel related, linked, or otherwise connected thereto (collectively, the “Sites”). You agree that by accessing, registering an account under, and/or using any of the Sites or the Services (as defined below), you have read, understood, and agreed to be bound by all of these Terms of Use and the Privacy Policy available at https://www.curbside.academy/privacy. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE LEAVE THE SITES AND DISCONTINUE THE USE OF ALL SITES AND/OR SERVICES IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on any of the Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms of Use every time you use any of our Sites so that you understand these applicable Terms of Use. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of any of the Sites after the date such revised Terms of Use are posted.
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Sites are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act ("HIPAA"), Federal Information Security Management Act ("FISMA"), etc.), so if your interactions would be subjected to such laws, you do so on your own initiative and are solely responsible for compliance with such regulations, if and to the extent such regulations are applicable.
The Sites are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Sites.
For the purposes of these Terms of Use, "Services" means all platform services and applications (including but not limited to (1) “Video Dialogues” live and interactive webinars between verified users discussing specialised medical topics; (2) “News & Announcements” which allows access to information via community uploaded links to open-access websites; (3) medical events calendar; (4) access to a chat platform; (4) summarised medical articles; (5) provision to earn accredited "SKP" / Continued Professional Development ("CPD") / Continued Medical Education ("CME") credits from leading medical associations and institutions; (6) provision of storing certifications on a virtual wallet on the Sites; (7) provision to receive drug samples and specialized content from top pharmaceutical companies for trial; (8) access to medical guidelines; (9) access to clinical case discussions; medical insights and polls; and (10) specialised channels that are accessible through the Site(s) (including the publicly available portions of the Site); and (11) access to job listings as listed on the site2.
Unless otherwise indicated, the Sites and Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Sites and/or Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Sites and/or the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Sites and/or the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Sites and/or the Services, you are granted a limited licence to access and use the Sites and/or the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Sites, the Services, the Content and the Marks.
By using the Sites, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you are at least 18 years old and have the legal capacity, right, power and authority to agree, and you agree, to comply with these Terms of Use; (4) you are accessing and/or using the Sites and/or the Services, and contracting in your own personal capacity; (5) you will not access the Sites through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Sites for any illegal or unauthorised purpose; (7) your use of the Sites will not violate any applicable law or regulation or render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws in your jurisdiction; and (8) you are a qualified doctor, physician or healthcare professional.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Sites and/or Services (or any portion thereof).
You may be required to register with the Sites and will be asked to provide us with certain information, including your name, email address, mobile number, professional medical licence, and other relevant information or documentation. Upon successful registration, we will provide you with a user account,. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Sites for any purpose other than that for which we make the Sites available. The Sites may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Sites, you agree not to: (1) systematically retrieve data or other content from the Sites and/or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (2) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (3) circumvent, disable, or otherwise interfere with security-related features of the Sites and/or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Sites, Services and/or the Content contained therein; (4) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Sites and/or Services; (5) use any information obtained from the Sites and/or Services in order to harass, abuse, or harm another person; (6) make improper use of the Sites and/or Services, submit false reports of abuse or misconduct, inhibit anyone’s use or enjoyment of the Sites and/or the Services or otherwise act in any manner that could disable, damage or impair any component of the Sites and/or Services or as determined by us in our sole discretion, may cause harm to Curbside or other users of the Sites and/or the Services; (7) use the Sites and/or Services in a manner inconsistent with any applicable laws or regulations. You further agree to comply with all applicable laws, regulations or professional conduct rules applicable to you and your use of the Sites and/or Services, including without limitation, those relating to patient privacy, medical care and treatment, in relation to any country in which you provide your professional service; (8) engage in unauthorised framing of or linking to the Sites and/or the Services; (9) upload or transmit (or attempt to upload or to transmit, directly or indirectly) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Sites and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Sites and/or Services; (10) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (11) delete the copyright or other proprietary rights notice from any Content; (12) attempt to impersonate another user or person or use the username of another user; (13) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (14) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Sites and/or the Services; (15) harass, annoy, intimidate, threaten, inconvenience, cause nuisance or damage to Curbside, and/or any of our employees or agents engaged in providing any portion of the Sites and/or Services to you; (16) attempt to bypass any measures of the Sites and/or Services designed to prevent or restrict access to the Sites and/or Services, or any portion of the Sites and/or Services; (17) copy or adapt the Sites and/or the Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (18) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Sites and/or the Services; (19) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Sites and/or the Services, or using or launching any unauthorised script or other software; (20) use a buying agent or purchasing agent to make purchases on the Sites and/or the Services; (21) make any unauthorised use of the Sites and/or Services, including but not limited to collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, creating user accounts by automated means or under false pretenses, or transmitting any advertising or promotional materials to other users without our prior written consent; (22) use the Sites and/or the Services as part of any effort to compete with us or otherwise use the Sites, Services and/or the Content for any revenue-generating endeavour or commercial enterprise; (23) use the Sites and/or the Services to advertise or offer to sell goods and services; and (24) sell or otherwise transfer your user profile.
The Sites and/or the Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Sites and/or the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Sites and/or the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(1) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
(2) you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Sites, the Services and other users of the Sites and/or the Services to use your Contributions in any manner contemplated by the Sites, the Services and these Terms of Use;
(3) you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Sites, Services and these Terms of Use, failing which information that identifies a patient or could reasonably enable the identification of a patient should not be used in any of your Contributions;
(4) your Contributions are not false, inaccurate, or misleading and does not misrepresent your affiliations;
(5) your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
(6) your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us in our sole and absolute discretion);
(7) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
(8) your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
(9) your Contributions do not violate any applicable law, regulation, or rule;
(10) your Contributions do not violate the privacy or publicity rights of any third party;
(11) your Contributions do not violate any applicable law concerning child pornography, or otherwise harm the health or well-being of minors;
(12) your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
(13) your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Sites and/or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Sites and/or the Services.
By posting your Contributions to any part of the Sites and/or the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, assignable, sub-licensable, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Sites and/or the Services. You are solely responsible for your Contributions to the Sites and/or the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Sites and/or the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Sites and/or the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access the Sites and/or the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Sites and/or the Services: (1) the licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application licence contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (5) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Terms of Use against you as a third-party beneficiary thereof.
(1) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information ("Submissions") provided by you on the Sites (including but without limitation to data, text, photographs, videos and audio clips) via various channels (including but not limited to their respective profiles, social actions (e.g., liking, sharing, or commenting on an article) to us are non-confidential and shall become our sole property upon submission. You warrant that any such Submissions are original by you and that you own all rights, title and interests in and to all such Submissions. You understand that you are solely responsible for all such Submissions. hereby waive all moral rights to any such Submissions, and you hereby You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. You further agree that you are solely responsible for the legality, reliability, accuracy and appropriateness for your Submissions. Curbside is not responsible for such Submissions, nor does it endorse any opinion contained in such Submissions. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
(2) The Services enable users to communicate and interact information with each other via various channels, and through our communication tools. We authorise you to use such tools for non-commercial purposes. You are however solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users and enforce the terms of these Terms of Use.
(3) You understand that Curbside may, but has no obligation to, monitor, review, provide specific content or edit Submissions. In all cases, we reserve the right to remove any Submissions for any or no reason, including Submissions that we determine in our sole discretion violates these Terms of Use, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of our users or members of the public, or that could create liability for us. We may take these actions without prior notification to you, and shall have no liability to you or to any third party as a result of any such action.
The Sites and/or Services may contain (or you may be sent via the Sites and/or Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Sites, the Services, or any Third-Party Content posted on, available through, or installed from the Sites and/or the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and/or the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Sites and/or Services or relating to any applications you use or install from the Sites and/or Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Sites and/or the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Sites and/or Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Sites and/or Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites and/or Services.
We care about data privacy and security. Please review our Privacy Policy: https://www.curbside.academy/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Singapore. If you access the Sites and/or Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Sites and/or Services, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.
We respect the intellectual property rights of others. If you believe that any material available on or through the Sites and/or Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Sites and/or Services infringes your copyright, you should consider first contacting an attorney.
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Sites and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Sites and/or Services. We also reserve the right to modify or discontinue all or part of the Sites and/or Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sites and/or Services.
We cannot guarantee the Sites and/or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites and/or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Sites and/or Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Sites and/or Services during any downtime or discontinuance of the Sites and/or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Sites and/or Services or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and matters relating to your access to, or use of, the Sites and the Services shall be governed by and defined following the laws of Singapore. CURBSIDE PTE. LTD. and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms, without giving effect to any principles of conflicts of law.
There may be information on the Sites and/or Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites and/or Services at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. THE INFORMATION MADE AVAILABLE THROUGH THE SITES AND/OR SERVICES ARE PROVIDED THROUGH FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR YOUR PROFESSIONAL JUDGMENT AS A DOCTOR, PHYSICIAN OR HEALTHCARE PROFESSIONAL WHEN DIAGNOSING OR TREATING PATIENTS. YOU ARE SOLY RESPONSIBLE FOR EVALUATING THE INFORMATION OBTAINED THROUGH THE SITES AND/OR THE SERVICES AND FOR YOUR DECISION TO USE SUCH INFORMATION IN CONNECTION WITH YOUR TREATMENT DECISIONS OR OTHERWISE. YOUR USE AND/OR DISCLOSURE OF INFORMATION ARE SOLELY AT YOUR OWN RISK, AND YOU AGREE THAT CURBSIDE, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING FROM YOUR USE AND/OR DISCLOSURE OF INFORMATION. WE DO NOT RECOMMEND, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, PROVIDERS, PROCEDURES, OPINIONS, OR ANY OTHER INFORMATION MENTIONED, OR ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES, ANY HYPERLINKED WEBSITES, OR ANY WEBSITES OR MOBILE APPLICATIONS FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT A MEDICAL OR HEALTHCARE SERVICE PROVIDER. IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND ANY OTHER USER, YOU RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $100.00 USD.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Sites and/or Services; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Sites and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Sites and/or Services for the purpose of managing the performance of the Sites and/or Services, as well as data relating to your use of the Sites and/or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Sites and/or Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Sites and/or Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Sites and/or Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITES AND/OR SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
(1) These Terms of Use and any policies or operating rules posted by us on the Sites and/or Services or in respect to the Sites and/or the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Sites and/or Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
(2) If any provision of these Terms of Use is found to be illegal, void, or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, this Agreement shall continue in force, save that such provision shall be deemed to be deleted.
(3) A failure by Curbside to exercise or enforce any rights conferred upon it by these Terms of Use shall not be deemed to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time(s). No waiver of any rights under these Terms of Use by a party hereto shall be effective unless made in writing and signed by such party hereto.
(4) A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description, except to the extent set out below. Any subsidiary or related corporation of Curbside may enforce these Terms of Use to the same extent as if it were a party hereto.
(5) No party hereto shall be liable for any failure to perform its obligations under these Terms of Use (other than payment obligations) if the failure results from a Force Majeure Event (as defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
For purposes of these Terms of Use, a “Force Majeure Event” is an event, which is a circumstance or event beyond the reasonable control of a party which results in the party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.
In order to resolve a complaint regarding the Sites and/or Services or to receive further information regarding use of the Sites and/or Services, please contact us at: CURBSIDE PTE. LTD. 201 Henderson Rd, #05-11, Singapore 159545 Singapore 159545 admin@curbside.academy