TERMS OF SERVICE
Updated this 23 November 2023
Please ensure that you take the time to read these Terms of Service carefully before you use this site.
1. Terms of Service
1.1. These terms of service (“Terms of Service”) apply to all visitors to and users of RenalWorks Pte Ltd, RenalWorks Malaysia Sdn Bhd and its group of companies (“RenalWorks”, “Company”, “we”, “us”, or “our”) and clinic management platforms, websites that includes, but is not limited to, sites of the following domains and sub-domains: renalworks.com (“Site”), online and offline applications (if any) operated by RenalWorks, application programming interfaces (APIs) (collectively, “Application”), email notifications, as well as the engagement of all of our services (the “Services”).
1.2. By accessing and using the Site, Application and/or Services you signify your acceptance of these Terms of Service and agreement to be bound by them and any and all other applicable terms referenced herein absolutely.
1.3. In these Terms of Service, the words “you” and “your” refer to each customer, Site visitor or Application user. If you are entering into these Terms of Service on behalf of a company, partnership, sole proprietorship or other legal entity (entity), you represent that you have the legal authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority or you do not agree with these Terms of Service, you must not use this Site, our Applications or any of our Services. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorised representative of your entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we may, but are not obliged, to require additional authentication from you.
1.4. You agree that by using the Site, Application and/or the Services you are at least 18 years of age and you are legally able to enter into a contract. Our Site, Application and/or the Services are not intended for minors.
1.5. The Site or Application may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of RenalWorks and RenalWorks is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RenalWorks is not responsible for webcasting or any other form of transmission received from any Linked Site. RenalWorks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RenalWorks of the site or any association with its operators.
1.6. The headings in these Terms of Service are for convenience only and do not affect interpretation.
2. Modification of Terms
RenalWorks reserves the right to amend, change or modify these Terms of Service from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Terms of Service periodically. By continuing to use the Services following such amendments to the Terms of Service, you agree to be bound by such amendments. Do not continue to use the Site, any Application and/or Services if you do not agree to the Terms of Service, as modified from time to time.
3. Changes to our Services
3.1. The form and nature of the Services that we provide may evolve and change from time to time and we may not be able to give you prior notice. In addition, we may stop (permanently or temporarily) providing features within the Services) to you or to users generally.
3.2. We cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
3.3. You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Service and other applicable terms and conditions, and that they comply with them.
4. Your Account
4.1. To access our Site, Application and use our Services, you may be required to register a RenalWorks account. During account registration, you will be asked to provide details including your first name, last name, email address, mobile phone number and a preferred password. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must treat such information as confidential. You must not disclose it to any third party. RenalWorks cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4.2. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
4.3. If you know or suspect that any third party knows your password, you must promptly notify us at email@example.com.
5. Intellectual Property Rights and Trademarks
5.1. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
5.2. All intellectual property rights subsisting in respect of the Services belong to RenalWorks or have been lawfully licensed to RenalWorks for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as our Site is copyrighted under applicable laws.
5.3. You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know how, proposals, suggestions, comments and other communications and information provided by you to us in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of the above response or feedback from you.
5.4. By submitting, posting or displaying any information, text, content, graphics, photos or other materials (“Content”) on or through the Services, for example through submissions made in a Site forum, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Limitation of Liability
This section limits the liability of RenalWorks and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, “RenalWorks Group”). We give you no warranty or assurance about this Site, our Services or Content. In particular: information may be incorrect, out of date or may contain typographical errors, and may not constitute a definitive or complete statement of the requirements of the standards, directives, regulations and law in any area. None of the Content is intended to constitute advice in any specific situation.
The limitation of liability contained in these Terms of Service shall apply to the fullest extent permitted by applicable laws.
6.1. RENALWORKS GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE, APPLICATION AND/OR SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. RENALWORKS GROUP HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.2. WHILE WE MAKE EVERY EFFORT TO ENSURE QUALITY, RENALWORKS MAKES NO WARRANTY THAT THE SITE, APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR APPLICATION WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT OBTAINED OR PURCHASED THROUGH THE SITE, APPLICATION OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.
6.3. RenalWorks Group does not guarantee that:
- the information, documents, forms, templates and any other Content presented in our Services is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- the information, documents, forms, templates and any other Content presented in our Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
- messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss;
- access to the Services will be available or be uninterrupted;
- use of the Services will achieve any particular result; or
- defects in the Services will be corrected.
6.4. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WITH THE RENALWORKS GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND APPLICATION, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE AND APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, APPLICATION AND/OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RENALWORKS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
6.5. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. It is your responsibility to ensure that your use of the information and the Services complies with all applicable legal requirements. If you are dissatisfied with any portion of the Site, Application and/or Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site, Application and/or Services.
6.6. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us as set out in these Terms of Service or otherwise, you are advised to contact us at firstname.lastname@example.org. No such lack of response shall be deemed to constitute any acquiescence or waiver.
6.7. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE RENALWORKS GROUP EXCEED THE AMOUNT ACTUALLY PAID TO RENALWORKS FOR THE SERVICES GIVING RISE TO THE CLAIM.
7. No Guarantee
RENALWORKS MAKES NO GUARANTEE THAT ANY DOCUMENT TEMPLATES ARE SUITABLE FOR A PARTICULAR PURPOSE, NOR THAT ANY FORM OR PROVIDED BY EMAIL OR OTHERWISE, OR INFORMATION PROVIDED BY THE SITE OR APPLICATION OR BY EMAIL OR OTHERWISE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. FURTHERMORE, STANDARDS, DIRECTIVES, REGULATIONS, LAW AND ADMINISTRATIVE REQUIREMENTS OFTEN CHANGE, AND THEIR APPLICATION AND IMPACT VARY FROM COMPANY TO COMPANY AND INDUSTRY TO INDUSTRY. ACCORDINGLY, NEITHER THE RENALWORKS DATABASE OF TEMPLATES NOR ANY EMAIL COMMUNICATION OR OTHER COMMUNICATION MADE HOWSOEVER IS INTENDED TO PROVIDE OR SUBSTITUTE ANY PROFESSIONAL ADVICE OR SERVICES ON QUALITY MANAGEMENT SYSTEMS. THE INFORMATION CONTAINED IN ANY OF THESE ARE NOT AND SHOULD NOT BE CONSTRUED OR RELIED ON AS CONSULTANCY ADVICE. COMPLIANCE WITH ALL STANDARDS, DIRECTIVES, REGULATIONS OR LAW REMAINS YOUR SOLE AND ABSOLUTE RESPONSIBILITY. BEFORE TAKING ANY BUSINESS OR LEGAL ACTION BASED ON INFORMATION FROM THE SITE, APPLICATION OR GENERALLY THROUGH THE SERVICES, THE RENALWORKS DATABASE OF TEMPLATES OR ANY EMAIL OR OTHER COMMUNICATION MADE WITH RENALWORKS (OR ANY OF ITS AGENTS OR AFFILIATES FROM TIME TO TIME), YOU SHOULD CONSULT WITH A PROFESSIONAL TO VERIFY DEADLINES AND DETERMINE WHETHER SUCH ACTIONS ARE APPROPRIATE FOR YOU BASED ON YOUR BUSINESS NEEDS. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF THE RENALWORKS DATABASE OF DOCUMENTS OR ANY SUBSCRIPTION.
8. No Unlawful, Illegal or Prohibited Use
8.1. When accessing the Site, any Application, or using our Services, you agree and warrant to RenalWorks that you will not use the Site, any Application or Services for any purpose that is unlawful or prohibited by any applicable law, rules or regulations. Without limitation to the generality of the foregoing, you shall not upload, download, display, perform, transmit or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; or (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable laws or regulations.
8.2. RenalWorks will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
9.1. RenalWorks respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your address, telephone number, and an email address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
9.2. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Kindly notify us of alleged copyright infringement appearing on the Services at email@example.com.
10. Use of the Services
10.1. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of RenalWorks, its users and the public.
10.2. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
10.3. You may not do any of the following while accessing or using the Services: (a) access, tamper with RenalWork’s computer systems, or the technical delivery systems of our providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited); (d) in any way use the Services to send altered, deceptive or false source-identifying information; or (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10.4. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You agree to defend, indemnify and hold us harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Service and/or your use of the Site, Application and/or Services. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
The Terms of Service will continue to apply until terminated by either you or us as follows:
12.1. You may end your agreement with us at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services.
12.2. If you have paid for an annual subscription with us, and you cancel your subscription with us in writing prior to the end of that subscription period, there will not be any refund.
12.3.We may suspend or terminate your accounts or cease providing you with all or part of the Services if we reasonably believe: (a) you have violated these Terms of Service; or (b) you create risk or possible legal exposure for us; or (c) our provision of the Services to you is no longer possible. In all events, we will try to notify you by the email address associated with your account.
12.4.In all such cases, the Terms of Service shall terminate, including, without limitation, your license to use the Services, except for provisions that by their nature continue to apply after termination, including confidentiality and intellectual property obligations.
12.5. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice.
Each of the sections of these Terms of Service is severable from the others of such sections and if at any time any provision in these Terms of Service is or becomes illegal, invalid or unenforceable in any respect the remaining provisions in these Terms of Service shall in no way be affected or impaired.
14. No Waiver
No waiver of any breach under these Terms of Service will amount to a waiver of any other breach.
15. Governing Law
Any legal action or proceeding relating to your access or use of the Site, Application and/or Services, unless specifically agreed between the parties otherwise, shall be governed by and construed in accordance with the laws of Singapore and parties submit to the non-exclusive jurisdiction of the courts of Singapore.