Terms and Conditions

Effective date: 1/1/2023

Welcome to the Taylor community!  We’re so glad you’re here, wherever you are in your fertility journey. But first: a couple important things to know.

These Terms of Use (“Terms,” for short) create a legally binding agreement between you (“you”) and Hey-Taylor Pte. Ltd. (doing business as Taylor) as well as its affiliates (together, “Taylor,” “we,” or “us”). These Terms govern your access to and use of all websites and mobile apps owned and controlled by Taylor, including hey-taylor.com, the Taylor mobile application together with its various functionalities (the “Platforms”) as well as the services, products, and programs we offer (together with the Sites and their content, our “Services”).  By using or accessing our Services, you confirm your agreement to be bound by these Terms, so be sure to read them carefully. If you don’t feel comfortable with them, it’s probably best not to use our Services. Otherwise, we’ll assume you understand and agree to them. Of course, you can always reach out any time in case of questions – we’re here to help.

1. OUR SERVICES

At Taylor, we’re obsessed with improving fertility and family-building journeys, both now and in the future. 

 We offer several services, including:

(I) Concierge services

• Fertility guidance and support
• Selecting a clinic & destination
• Cross-border arrangements
• Appointments scheduling and logistics coordination

We’re here to provide support, education, community, and more. We are your concierge, to help make it all easier to navigate. We’ll help you get information to the right place at the right time, we’ll help with coordination and logistics, and if you’d like, we can help you communicate with your doctor and others in connection with our Services.

For those who aren’t ready to start the egg freezing process - and even for those who are - we also provide educational resources about the fertility journey in general, and other ways to make your fertility journey more accessible, affordable, and fun.

In the usage of our Concierge services, there are some key concepts we want to make sure you understand: While we help connect and coordinate with healthcare providers, and provide information of them, our Services are not meant to be a substitute for medical, tax, financial, or legal advice from your chosen fertility clinic. We don’t endorse or guarantee the quality of any third parties you connect with through Taylor. If you’re looking for medical advice or need medical help or treatment, please make sure to talk with your chosen fertility doctor.

We’ll also ask you to complete an authorization allowing the clinic to share details with us about your egg freezing cycle - which helps us make the process smoother for you.

‍

II) Video Consultation/Telehealth Services 

Taylor may offer various healthcare/telehealth services on the Platforms including medical consultations, mental wellness consultations, and other health and wellness services (“Healthcare Services”). 

If you are using the video consultation functionality, you acknowledge and agree that:

• You may arrange and schedule video consultations with providers who deliver the Healthcare Services (“Healthcare Providers”);
  
  
• All requests for video consultation shall be subject to the Healthcare Providers’ acceptance in his/her sole discretion and each consultation accepted by a Healthcare Provider shall constitute a separate agreement between the Healthcare Provider and you, to which neither Taylor nor our affiliates are a party to;
  
  
• The Healthcare Providers are independent professionals. Each Healthcare Provider is responsible for his/her Healthcare Services rendered to you and compliance with the requirements of his/her profession and licence;
  
  
• Taylor is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Neither Taylor nor any third parties who promote the Healthcare Services, facilitate the provision of the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Provider via the Platforms. Taylor shall not be liable for any referrals made by a Healthcare Provider via the Platforms to any third parties, including but not limited to specialists or laboratories. Taylor does not take on any duty of care to you;

• You shall ensure that the internet connection to which your Device is connected is of sufficient quality and strength to host a video consultation, otherwise video and/or audio quality may suffer;
  
  
• Once your request is accepted, the Platforms may provide your information to the Healthcare Provider, including your name and identification number. You agree to provide proof of identity (which includes a valid photo identification, company identification and/or insurance card) and such information as requested by the Healthcare Provider to verify your identity at the start of or at any time during the video consultation. You acknowledge that you may be denied Healthcare Services if you refuse to provide proof of identity or assume a false identity. The Healthcare Provider reserves the right to decline any request for video consultation through the Platforms in its absolute discretion;
  
  
• You acknowledge that there are inherent limitations to video consultations and that in respect of certain medical situations, physical consultations may be a more appropriate medium for medical evaluation, diagnosis and/or consultation.  Such medical situations include, but are not limited to: (i) situations requiring urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; and (iv) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
  
  
• You understand and agree that the medical evaluation/diagnosis provided shall be intended as a provisional opinion (or second opinion) and shall be solely based on information made available, presented and discussed for or during the video consultation. Such medical evaluation/diagnosis is not intended to be a substitute for an in-person consultation or treatment. It is advisable to seek further clarification, examination, diagnosis and/or an in-person consultation for a more comprehensive medical assessment before beginning any definitive treatment;
  
  
• The Healthcare Services are intended to be provided to users in Singapore and the Healthcare Providers are not qualified/licensed to consult/treat users outside Singapore;
  
  
• Taylor does not, and shall not be deemed to, direct or control the Healthcare Provider generally or in the Healthcare Provider’s performance under this Agreement specifically, including in connection with the Healthcare Provider’s provision of Healthcare Services or the Healthcare Provider’s acts or omissions;
• Any opinions, advice or information expressed by the Healthcare Provider are those of the Healthcare Provider alone and they do not reflect the opinions of Taylor;
  
  
• You are responsible for the correctness and accuracy of the particulars, statements and images including your symptoms, health history, photographs, laboratory test results or diagnostic images furnished/uploaded by you to the Healthcare Provider;
  
  
• You shall comply with any advice by any Healthcare Provider to consult a doctor or other healthcare professional in person or seek emergency or other treatment;
  
  
• You must (i) follow all directions related to any blood tests prescribed to you, especially regarding the procedure, timing, and preparation requirements; (ii) quickly report any unusual or adverse reactions following the blood test to a doctor; (iii) verify the details on the labels of any kits or materials provided for the blood test to ensure they match your prescription before use; and (iv) safeguard all materials and information related to your prescribed blood test and prevent access by others.
  
  
• Upon the completion of the Healthcare Services, we will issue a receipt to you via email or in such other manner as determined by us on the Healthcare Provider’s behalf;
  
  
• You shall not record in any media your interactions with the Healthcare Providers through the Platforms; and
  
  
• You shall not conduct yourself in an inappropriate manner when interacting with the Healthcare Provider, or display/upload any inappropriate or medically-irrelevant images to the Platforms. Any such conduct may result in the termination of your Account and/or deletion of the images from the Platforms.

(III) Marketplace on the Platforms

Taylor’s Marketplace on the Platforms offers various healthcare-related products and services (including health packages such as fertility screening, home-based screening or injection) for purchase (“Healthcare Products”). Healthcare Products on the Platforms may be sold by third party vendors or Taylor (“Marketplace Providers”). If you are using the Marketplace functionality on any of the Platforms , the following terms shall apply:

Placing of Orders

• You may place an order by completing the order form on the Platform and clicking “Confirm Purchase” or “Purchase” (“Order“). Marketplace Providers will not accept Orders placed in any other manner.
  
  
• All Orders shall be subject to Marketplace Providers’ acceptance in its sole discretion and each Order accepted by Marketplace Providers shall constitute a separate agreement between Marketplace Provider and you. You acknowledge that unless you receive a notice from Marketplace Provider accepting your Order or arranging for an appointment, Marketplace Providers shall not be party to any legally binding agreement with you for the sale of or other dealings with the Healthcare Product and accordingly Marketplace Providers shall not be liable for any losses which may be incurred as a result. The Marketplace Provider reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
  
  

Prices of Healthcare Products

• The price of the Healthcare Products payable by you shall be the price as stated on the Platform (the “Product Price“).
  
  
• All Product Prices of the Healthcare Products are subject to taxes, unless otherwise stated. We reserve the right to amend the Product Price at any time without giving any reason or prior notice.
  
  

Risk and property of the Healthcare Products

• Risk of damage to or loss of the Healthcare Products shall pass to you at the time of delivery or if you wrongfully fail to take delivery of the Healthcare Products, the time when Taylor or Marketplace Provider (as the case may be) has tendered delivery of the Healthcare Products.
  
  
• Notwithstanding delivery and the passing of risk in the Healthcare Products or any other provision of this Agreement, the Healthcare Products shall not pass to you until Taylor has received in cleared funds payment in full of the price of the Healthcare Products and all other goods agreed to be sold by Taylor to you for which payment is then due.
  
  
• Until such time as the property in the Healthcare Products passes to you:

• you shall hold the Healthcare Products as Taylor’s fiduciary agent and bailee and shall keep the Healthcare Products separate from those of yours;
• Taylor shall be entitled at any time to demand you to deliver up the Healthcare Products to Taylor and in the event of non-compliance Taylor reserves its right to take legal action against you for the delivery up of the Healthcare Products and seek damages and all other costs including but not limited to legal fees against you; and/or
• you shall not pledge or in any way charge by way of security for any indebtedness any of the Healthcare Products which remain the property of Taylor and if you do so, all moneys owing by you toTaylor shall (without prejudice to any other right or remedy of Taylor) forthwith become due and payable.
  
  

• You acknowledge that:

• While we endeavour to provide an accurate description of the Healthcare Products, we do not warrant that such description is accurate, current, or free from error;
• Taylor shall not be liable for any failure or delay in delivery of your purchased Healthcare Product howsoever caused;
• The pricing or availability of the Healthcare Products may change at any time at Taylor’s discretion. Taylor shall not be responsible for any such changes; and
• You shall pay the relevant fees for any Healthcare Products purchased, and abide by all applicable payment terms as may be made known to you on the Platform or by Taylor.

‍

2. ACCOUNT INFORMATION AND SECURITY

To access certain Services, you’ll need to create an account by providing your name, email address, and other information (together, “Account Information”). It’s important to provide us accurate, up-to-date, and complete Account Information (see our Privacy Policyfor details on how to keep it updated). You’ll be responsible for protecting your username and password, and for all activities under your account. You’ll need to immediately notify us of any unauthorized account use, or if any of your Account Information becomes inaccurate, incomplete, or otherwise false or misleading. Please be careful when accessing your account from a public or shared computer, as we aren’t responsible for any loss or damage if you don’t protect your account or information. You’ll also be required to fully cooperate with us to investigate any suspected unlawful, fraudulent, or improper activity.

 You agree that:

• you are responsible for the correctness and accuracy of the information, particulars, statements, photographs, laboratory test results or diagnostic images furnished by you to Taylor and/or the Healthcare Provider; and
• you are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration details;
• you shall be personally liable for, and to pay, any fees or charges in accordance with any terms in effect at the time they are incurred;

3. TERMINATION

You can terminate these Terms any time by permanently stopping your access and use of the Services. We can terminate your use any time by notifying you at the address or email you provided, or otherwise notifying you through the Services. We’re not required to provide notice or a reason before terminating your use. If we terminate your use because you have breached these Terms or any other agreements with us, you won’t be entitled to any refunds. To protect the integrity of our Services, we may, at any time in our sole discretion, block access from certain IP addresses. Note: even after termination, certain Terms will remain in effect such that any rights and obligations that should logically still apply after that date will survive.

‍

4. LICENSE AND USE OF THE SERVICES

As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services only for your personal and non-commercial purposes, in accordance with all applicable laws. You won’t have any ownership rights in the Services unless otherwise specified in a written agreement with us.

We are committed to ensuring a safe, respectful, and supportive community. This means that we will not tolerate any of the following in connection with our Services:

• Encouragement or engagement in defamatory, abusive, libelous, obscene, threatening, harassing, hateful, violent, racist, unlawful, or otherwise objectionable behavior, including behavior contrary to the spirit of these Terms or our Community Guidelines;
• Use of a robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, scrape, data mine, or reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Sites;
• Interference with or disruption of the Services or related technology;
• Attempts to probe, scan, or test the vulnerability of our Services, systems, or networks, or actual/attempted breach of security or authentication measures;
• Use of meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
• Use of any portion of our Services for any commercial purpose, or for the benefit of any third party or in any manner not permitted by these Terms;
• Posting, distribution, or reproduction of any content that infringes or violates third-party intellectual property rights or rights of privacy or publicity;
• Use, display, framing, or mirroring of any part of our Services, names, trademarks, logos, or other proprietary information, or the layout and design of any page or form on a page, without our prior written authorization;
• Collection, solicitation, or sharing of others’ personal information without their express permission;
• Submission of any inaccurate, incomplete, false, or misleading information, including about your identity or medical condition;
• Recording of the Services without our express written consent;
• Impersonating someone else, or allowing anyone else to use your Account Information, unless otherwise permitted by these Terms;
• Use of our Services in a way that violates or is intended to violate any applicable laws or regulations; and
• Assisting or permitting anyone else to engage in any of the above activities.

If you engage with others in our community, you’ll be considered entirely responsible for those interactions. If you have disputes with others in our community, we’ll have the right (but no obligation) to get involved as needed, and you release us from all claims, demands, and damages related to those disputes.

If you access our Services through a third-party site, you may be required to comply with their policies in addition to these Terms, so please be sure to read them.

‍

5. CHILDREN

Our Services are not meant for children.  By using the Services, you confirm that you’re over the age of 18. In line with the Children’s Online Privacy Protection Act, we will never knowingly request or solicit personal information from anyone under 13 without verifiable parental consent. If we learn that we’ve collected that type of information without verifiable parental consent, we will promptly delete it. If you believe we’ve collected personal information from someone under 18, please contact us at sayhey@hey-taylor.com.

‍

6. PERSONAL INFORMATION; CONSENT TO ELECTRONIC COMMUNICATIONS

Personal information accessed or collected in connection with our Services will be handled as described in our Privacy Policy.

By using our Services, you agree that we can send you communications either by email or posting them on our Services - including legal disclosures, these Terms, our Privacy Policy, changes to those documents, and other policies, communications, disclosures, and information, including about prospective Services. This consent covers all interactions between you and us. Keep in mind, text messages and emails are not always secure, and they travel over networks that we don’t or own or control.

By providing a phone number to us, you confirm you’re the current subscriber or owner. You expressly agree that we or others acting on our behalf can contact you by phone or text message (including artificial or prerecorded voice messages, and/or automated calls and texts) to the number you provide or one provided on your behalf, for various purposes including verifying identity, providing account notices, fulfilling requests, or sharing promotions or services we think may interest you. Your consent is completely voluntary, and you can opt out any time. If you don’t opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You don’t have to agree to receive promotional calls or texts as a condition of purchasing any goods or services. You understand and agree, for any text messages sent in connection with the Services, that: (a) message frequency may vary, (b) message and data rates may apply, and we’re not responsible for these charges, (c) you can reply HELP for information, (d) you can reply STOP any time to opt out (if you do, you may receive a message confirming your opt-out); and (e) neither we nor mobile carriers are liable for delayed or undelivered messages.

You can opt out of certain types of communications either through your account settings, by following any unsubscribe instructions in the message, or by contacting our support team (please include your full name and the email/number you want to opt out). Your opt-out will be effective within a reasonable time after we receive it.  Please keep in mind that we’ll need to send you certain messages about our Services – for example, updates to our Terms or billing information – so you will not be able to opt out of those communications. If you withdraw consent, it won’t affect the legal validity or enforceability of our agreements with you, but it may mean that certain parts of the Services are no longer available to you.

‍

7. USER SUBMISSIONS AND CONTENT

You may have opportunities to provide feedback in connection with the Services, including by communicating with other users. This feedback will be considered non-confidential and non-proprietary (unless otherwise required by law), and we’ll be free to copy, disclose, and otherwise use it for any purpose.

Keep in mind that as a user, you’re personally and solely responsible for all information you post, transmit, or share with others in the Taylor community (“User Content”). Please don’t use community channels to share or post information you want to keep confidential. By sharing it, you represent, warrant, and affirm that your User Content is accurate, that it does not violate any applicable laws or third party rights, that you have appropriate permissions or rights from anyone whose information or property is included in it, and that it doesn’t violate our Terms. Your User Content remains your property, but once you make it available (for example, by posting it in our Services), you grant us an irrevocable, perpetual, transferable, sublicensable, fully paid-up, royalty-free, worldwide right and license to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public, display, perform, enter into computer memory, and use and practice your User Content as well as all modified and derivative works thereof in connection with the Services, including marketing and promotion, without notice to or consent from you, and without compensation to you or anyone else.

Please make sure you don’t use the Services to post or transmit anything prohibited by Section 5 or anything else in these Terms.  We don’t assume liability or responsibility for user behavior or for monitoring User Content or conduct in connection with the Services. We may (but we’re not obligated) to review, monitor, reject, deny, or remove User Content at our sole discretion at any time, and for any reason, without notice.

‍

8. INTELLECTUAL PROPERTY RIGHTS

We and our licensors retain all ownership rights, title, and interest (including all intellectual property rights) worldwide to the Services, including all software and content. No rights are granted to you other than those expressly described in these Terms. All trademarks, service marks, and trade names are owned by us or other respective owners.

‍

9. COPYRIGHT NOTICES

We respect the intellectual property rights of others, and ask that you do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Sites infringe your copyright, you (or your agent) may send us a notice asking that the material be removed or blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA allows you to send us a counter-notice. More information about the DMCA and requirements for these notices is available through the U.S. Copyright Office (https://www.copyright.gov). In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, U.S. Code, Section 512(c)(3)(A) and should be provided in writing to sayhey@hey-taylor.com.

‍

10. THIRD PARTIES

Through Taylor, you’ll have the option to connect with third-party sites, offerings, and content that are not controlled by Taylor. Those third parties generally have different terms and privacy policies, so please make sure to review them. We are not responsible for third parties’ privacy and security practices or for their offerings, marketing, or other content. We make those offerings available as a convenience, but we don’t endorse, warrant, recommend, or guarantee them.

‍

11. RELIANCE ON INFORMATION THROUGH OUR SERVICES

Information available to you through the Services (including third-party content) is intended solely for informational purposes, and we don’t warrant its accuracy, completeness or usefulness. Any reliance you place on it is strictly at your own risk, and we disclaim all liability and responsibility arising from that reliance. The same is true for third party content: All statements and/or opinions expressed in those materials, and all articles, responses to questions, and other content, other than the content provided by us, are solely the opinions and responsibility of whoever is providing those materials. They do not necessarily reflect our opinion, and we are not responsible or liable to you or any third party for their content or accuracy.

OUR SERVICES FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED PROFESSIONAL. PLEASE SEEK THE ADVICE OF A QUALIFIED PHYSICIAN FOR QUESTIONS ABOUT MEDICAL CONDITIONS OR TREATMENT. NEVER DISREGARD OR DELAY SEEKING THE ADVICE OF A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU HAVE READ, HEARD, OR SEEN THROUGH OUR SERVICES.

13. PRIVACY

In using the Platforms or any services provided by us, Taylor will need to collect your personal data in order to provide you with our Services. In providing us with your personal data, you consent to our collection, use, processing, and disclosure of your personal data in accordance with our Privacy Policy or on the Platforms. 

For the avoidance of doubt, our Privacy Policy also applies to any data provided to Taylor offline (whether in the Taylor physical clinics, during health screenings/vaccinations or otherwise) in order for us to perform any services for your benefit.

Taylor is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Provider during a video consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Taylor and an external provider that is compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA).

‍

14. DISCLAIMER OF WARRANTIES AND LIABILITY 

To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

• we do not warrant or make any representations that the Platforms is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. Taylor disclaims any liability for any use of the Platforms for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a video consultation via the Platforms to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities;
  
  
• you may be issued with a prescription for medicine by a Healthcare Provider and may be prompted to use delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. Healthcare Provider will use its best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. Taylor shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by Healthcare Provider; and (ii) any instructions in relation to the medication provided by the Healthcare Provider or anyone else associated with the provision of medication you have been prescribed;  
  
  
• we are not responsible for any of the information made available or accessed on or through the Platforms or any decisions made by you based on any information made available or accessed on or through the Platforms;
  
  
• we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or third parties, or other information that may be mentioned on the Platforms and that any arrangement entered into between you and any Healthcare Provider or any third party named or linked to or from the Platforms is at your sole risk and responsibility. The inclusion of Healthcare Providers on the Platforms and any referrals to any third party does not imply recommendation or endorsement of such party nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional or service provider contained therein;
  
  
• we are not responsible for any acts or omissions or conduct of any third parties that you may be referred to by Taylor and/or its related corporations or via the Platforms, including but not limited to referrals to any specialists or laboratories;
  
  
• the Platforms (together with any Services, or other content, material or information available on the Platforms) are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind. Your use of the Platforms is at your own risk;
  
  
• the Platforms may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Platforms may be made public on the Platforms, and read or intercepted by others;

Taylor does not warrant and hereby disclaims any representation, warranty or term with respect to the Platforms and/or Platforms’ Functions, whether express, implied or statutory, including but not limited to:

• merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Platforms’ Functions;
• the Platforms and/or Platforms’ Functions being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Platforms and/or Platforms’ Functions and any related computer system is and will be free of all viruses and/or other harmful elements;
  
  
• the Platforms and/or Platforms’ Functions and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties; and
  
  
• the Platforms and/or Platforms’ Functions being compatible or working with any third party software, applications or third party services.

Taylor and its partners are not liable for: 

• the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or the Healthcare Provider may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment;
  
  
• any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services, performing any transactions, purchase and/or arrangement of delivery of product, and obtaining and/or making any payment of any monies belonging to you;
  
  
• any loss caused to or damage incurred or suffered by you or any person by reason of your erroneous, wrongful or fraudulent uploading of information, images, laboratory test results or diagnostic images, or provision of information by you to the Platform or the Healthcare Provider for the purposes of your use of the Platform or the Services;
  
  
• any loss, damage or liability which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from Taylor’s liability;
  
  
• any loss, damage or liability which may arise in connection with the services offered by any third parties that you may be referred to by Taylor and/or its related corporations or via the Platforms, including but not limited to services provided by any specialists or laboratories;
  
  
• for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; and
  
  
• any suspension, discontinuation, upgrade or modification to the Platforms or Platforms’ Functions which we may carry out from time to time without giving any reason or prior notice to you which affects your use of the Services, Platforms and/or Platforms’ Functions .

The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from Taylor’s negligence.

‍

15. INDEMNITY

You agree to fully indemnify and hold harmless Taylor, our affiliates, related companies, members, officers, employees, agents, partners and service providers (collectively, the “Indemnitees“) from and against any claim, demand, loss, damage, cost, or liability (including legal fees) which any of the Indemnitees may suffer or suffers in connection with or arising from (a) any information or content which you submit, post, transmit, communicate, send, publish, upload or otherwise make available through the Platform; (b) your breach of this Agreement and any terms relating to your use of the Platform; (c) your access or use of the Platform; (d) any action taken by us either as part of our investigation of any suspected breach of this Agreement or as a result of our finding or decision that a breach of this Agreement has occurred; and (e) your breach of any rights of any other person. 

‍

16. LIMITATION OF LIABILITY

To the maximum extent allowed under applicable law:

• the Indemnitees shall not be liable for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Platforms, including but not limited to any claim, damage or loss suffered (whether incidental, special, indirect or consequential) as a result of or in connection or in reliance of any content or any other information made available or accessed on or through the Platforms or contained in or available from the Platform or your use or reliance on any products or services available on or accessed via the Website and/or Platforms and/or the Platforms’ Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, regardless of the cause thereof and even if we have been advised of the possibility thereof; and
  
  
• in no event shall the Indemnitees be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Platforms or any third party software or applications in conjunction with the Platforms, howsoever caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.
  
  
• In the event that Taylor is held liable, Taylor shall only be responsible for direct losses or damages which may be reasonably expected to result from the circumstances and provided such losses and damages were caused by Taylor’s gross negligence or wilful default. 
  ‍

17. FORCE MAJEURE

Neither Taylor nor any providers of Services under this Agreement shall be liable for delay in performing obligations or for failure to perform obligations under this Agreement if the delay or failure resulted from events, causes and circumstances beyond its reasonable control, including but not limited to, acts of God, governmental acts (including directives issued by regulators and amendments to legislation), shut down or failure of telecommunications facilities or networks, failures or acts of application distributors, failure of information technology or telecommunications equipment or facilities, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, epidemics, flood, fire, explosion, accident, civil commotion, industrial dispute, or impossibility of obtaining materials.
‍

18. GENERAL

This Agreement, the Privacy Policy and the documents in it, constitutes the entire agreement and understanding between you and Taylor relating to the Platforms and you have not entered into this Agreement in reliance upon any representation, warranty or undertaking of Taylor which is not set out in this Agreement. Nothing in this Agreement shall however operate to limit or exclude liability for fraud.

We may from time to time update these terms of this Agreement by posting amendments at the Platforms. By your continuing use of the Platforms after any such amendment, you agree to be bound by this Agreement as so amended. 

The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

No failure on the part of any party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. 

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

Taylor may give notice by means of a general notice on the Platforms, or by electronic mail to your email address, by SMS to your mobile phone number, or by written communication sent by registered mail to your address. Your contact details for such notices shall be based on your details in Taylor’s records. You may only give notice to us in writing sent to our designated address or e-mail address. 

• Notices shall be deemed to have been duly given and received upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail), 2 (two) hours after sending (if sent by email), provided that no automated message is received stating that the email has not been delivered, or immediately (if sent by SMS). Notices on the Platforms shall be deemed to have been received by you whether or not you actually access the notice. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed. 
• This clause does not apply to notices issued in respect of legal proceedings.

The provisions of the Agreement are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of the Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.

We reserve the right to delegate or sub-contract the performance of any of our Platforms Functions or Services or to any related company, service provider, subcontractor and/or agent on such terms as we may deem appropriate.

You may not assign your rights or transfer your obligations under this Agreement without our prior written consent but we may assign our rights or transfer our obligations under this Agreement to any affiliate or third party at our sole discretion.

Save for the related companies of Taylor, partners of Taylor and as expressly provided in this Agreement including without limitation as referred to in Clause 10, a person who is not a party to this Agreement shall have no right to enforce or enjoy the benefit of any term of this Agreement under the Contracts (Rights of Third Parties) Act 2001. Notwithstanding any term of this Agreement, the consent of any person who is not a party to this Agreement is not required to rescind or vary this Agreement at any time. 

In the event that this Agreement is executed or translated in any language other than English, to the extent allowed under law, the English language version of this Agreement shall govern and shall take precedence over the foreign language version.

‍

19. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other).  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Singapore which courts shall have exclusive jurisdiction.

‍