Terms of Use

1. OVERVIEW

Evoque Medical Aesthetics Pte. Ltd. (hereinafter referred to as “EMA”, “we”, “our”, and “us”) owns, maintains, and/or operates this website, as well as our mobile apps, other websites, social media accounts, instant messaging accounts, and email accounts that you may find through this website. Such applications, websites and accounts shall collectively be referred to as the “Platforms” and each a “Platform”.

The Terms of Use govern your use, access, browsing of or connection with the Platforms, and shall be read together with our Privacy Policy (“Privacy Policy”). These Terms of Services constitute a legally binding agreement between you and EMA (the “Agreement”).

This Agreement contains warranty disclaimers and other provisions that limit EMA’s liability to you. By accessing our Platforms, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use and/or our Privacy Policy, please discontinue your connection or the use of our Platforms and all Services immediately.

IMPORTANT: DO NOT CONNECT OR USE OUR PLATFORMS FOR A MEDICAL EMERGENCY. THE PLATFORMS DO NOT PROVIDE SERVICES FOR MEDICAL EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY SERVICES OR SEEK IMMEDIATE MEDICAL ATTENTION FROM A HEALTHCARE PROFESSIONAL IN PERSON. ANY INFORMATION PROVIDED ON THE PLATFORMS SHOULD NOT BE SO CONSTRUED OR USED AS MEDICAL ADVICE, HEALTHCARE SERVICES, MEDICAL ASSISTANCE OR DIAGNOSIS. THE CONTENT AND INFORMATION MADE AVAILABLE ON THE PLATFORMS ARE OF A GENERAL NATURE AND SHOULD NOT BE TREATED AS SUBSTITUTE FOR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT BY A QUALIFIED AESTHETICIAN, PHYSICIAN, MEDICAL PRACTITIONER OR OTHER HEALTHCARE SERVICE PROVIDER.

EMA reserves the right to make changes to the Terms of Use as we see fit, at our sole discretion, from time to time. Should you choose to keep connecting, using or accessing our Platforms following the posting of such amendments or revisions, you are implicitly acknowledging and confirming that you have read, comprehended, and consented to be bound by the modified or updated Terms of Use.

2. GEOGRAPHIC RESTRICTIONS

EMA is a company incorporated in Singapore. The Platforms are intended exclusively for individuals situated within Singapore (referred to as the “Target Market”). EMA does not make any representation or warranty that the Platforms and content thereof are suitable or accessible for use in any other locations beyond the Target Market. Accessing the Platforms and their content from other regions may be unlawful or is strictly forbidden. If you opt to visit, use, download, access and browse the Platforms and their content from locations outside the Target Market, you are doing so voluntarily, and you bear the responsibility for adhering to relevant local laws.

3. CONDITIONS OF USE

3.1 To connect, use or access our Platforms, you must:

(a) be at least 18 years of age and of sound mind. If not, you must not use the Platforms unless supervised by your parent or legal guardian or with their consent. By continuing to use the Platforms and agreeing to this Agreement, your parent(s) or legal guardian(s) are assuming responsibility for:
(i) your actions while using the Platforms;
(ii) any charges associated with your use of any of the Platforms; and
(iii) your compliance with this Agreement.

(b) have full authority, power and capacity to enter into this Agreement and fulfil your obligations;

(c) agree to be bound by Terms of Use as well as any documents or terms incorporated herein by reference;

(d) comply with all applicable local and international laws and regulations when using the Platforms;

(e) not abuse the Platforms or use them, or any of the Products or Services, for any unlawful or unintended purpose, in violation of laws or regulations, or in a way that infringes on any third-party rights, is defamatory, fraudulent, indecent, offensive, deceptive, threatening, harassing, abusive, or intimidating to others, or that damages EMA’s or EMA Partners’ reputation;

(f) not breach security on any computer network or access an account that does not belong to you. Additionally, do not interfere with another user’s enjoyment of the Platforms, Products, and Services, or act in a manner inconsistent with these Terms of Use;

(g) only use our Platforms to purchase Products or Services for yourself or for individuals for whom you are (legally) permitted or authorised to act;

(h) in the event that you purchase Products or Services for another person, inform such other person about the Terms of Use as well as any other documents, terms, rules and restriction incorporated herein by reference that apply to the purchase you have made on his or her behalf;

(i) not take any action which is intended to, or would reasonably be expected to harm EMA and the Platforms, or which would reasonably be expected to damage EMA’s reputation;

(j) supply all information via our Platforms or otherwise, to EMA or any of the EMA Partners, that is true, accurate, current and complete;

(k) you shall not use the Platforms in a way that could damage, disable, overburden, impair or compromise our systems, databases, servers or security or interfere with other users;

(l) you shall not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the Platforms;

(m) you shall not upload any content that contains software viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;

(n) if you have an account with our Platforms, you will safeguard and maintain the confidentiality of, and shall not disclose to any other parties, your account information (including but not limited to your user IDs, password and any one-time passwords that may be issued to you from time to time) and you will be responsible for any disclosure or unauthorised use thereof. Allowing any other person or entity to use your identity for posting on or using the Platforms is not permitted.

(o) if you believe that the security of your account information has been compromised, you shall notify us immediately; and

(p) you shall not use the Platforms in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Platforms, or which may expose us or our users to any harm or liability of any type.

3.2 You undertake and agree to notify EMA immediately if any of the representations and warranties become untrue, invalid, misleading or incomplete in any respect.

3.3 If you use our Platforms or purchase any Service or Product through our Platforms on behalf of another person (the “Authorizing Person”), you represent and warrant that you have their full and valid permission and authority to act on their behalf. EMA may demand proof of authorization (but is not under any obligation to do so) from you at its discretion, and you shall produce such proof in due course. You must inform the Authorizing Person of these Terms of Use before performing any transaction on their behalf. By continuing to act on their behalf, the Authorizing Person is deemed to have unconditionally agreed to all of the Terms of Use. Any transaction that you perform on behalf of the Authorizing Person without their permission and authority, or without their unconditional agreement to these Terms of Use, will be void and unenforceable. EMA will not be liable to refund or compensate you or the Authorizing Person in any way for any void and unenforceable transaction.

3.4 Information you provide including but not limited to your medical or health history, symptoms, drug allergies, photographs, or diagnostic images furnished / uploaded by you to EMA or EMA Partners must be accurate and relate to yourself or any other person you are authorised to act for (as applicable). Additionally, you agree to update and maintain such information via the Platforms to ensure that it is true, accurate, current and complete at all times. You shall be solely responsible for ensuring that such information is true, accurate, current and complete at all times, and EMA shall have no liability for any wrong, inaccurate or incomplete information provided by you. You acknowledge that the quality of the Services provided by EMA or any of the EMA Partners is heavily dependent on the information which you provide. You acknowledge and agree that you may be denied the Services if you refuse to provide any proof of identity and other requested information to EMA or any of the EMA Partners.

3.5 We retain the right at our sole discretion to deny you or any person access to our Platforms, Products and Services, and/or terminate your account at any time without notice and for any reason, including, but not limited to, your violation of these Terms of Use, and in the event that the provision of such use or access to our Platforms, Products and Services to you becomes unlawful or prohibited under applicable laws.

3.6 We do not guarantee the continuous accessibility or uninterrupted operation of the Platforms. We will not be liable to you if, for any reason, access to the Platforms is delayed or unavailable for any period of time.

3.7 To the extent permitted by applicable laws, we may at any time change and for any reason at our sole discretion, change, suspend or discontinue the Platforms, any of its content, and /or your access to part or all of it, without notice and for any reason.

3.8 We regularly update, amend, delete, or change any information provided on our Platforms. Although we will endeavour to ensure that all information contained on our Platforms are accurate, we do not represent, warrant or guarantee that all information or prices on our Platforms will be complete and accurate.

4. USE AND ACCESS TO THE PLATFORMS

4.1 Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access, download and use the Platforms for the purposes of obtaining the Products and/or Services. This licence is provided solely for your personal, non-commercial use and enjoyment of the Platforms as permitted in these Terms of Use. No licences or rights are granted to you by implication or otherwise in respect of any intellectual property rights owned or controlled by us or our licensors, except for the licences and rights expressly granted in these Terms of Use.

4.2 Access to some software components used in the Platforms may be offered under third party licences that we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this Agreement and those terms.

4.3 Without prejudice to the generality of the foregoing, you agree that you will not and will not attempt to (and will not, knowingly, or otherwise, authorise, allow or assist any third party to):

(a) use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platforms or any portion thereof (including any third-party software), except as expressly permitted in these Terms of Use;

(b) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platforms;

(c) use the Platforms to create any software that is substantially similar to the Platforms;

(d) merge the Platforms or any part of it, or allow it to be combined with, or become incorporated in, any other programs;

(e) use the Platforms in a way that could damage, disable, impair or compromise the any part or any feature of the Platforms or any other computer systems or devices used in connection therewith or interfere with other users or affect the reputation of the Platforms;

(f) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements;

(g) use any automated process or service to access and/or use the Platforms; and/or

(h) Share the Platforms or their data with third parties.

4.4 By creating an account, you agree that we may send you information text messages as part of the normal business operation of your use, and access of the Platform and receipt of the Services.

5. ABOUT THE PLATFORMS

5.1 Any information provided on the Platforms should not be so construed or used as licensed medical, healthcare services, medical assistance or diagnosis. The content and information made available on the Platforms are of a general nature and should not be treated as substitute for professional advice, diagnosis or treatment by a qualified aesthetician, physician, practitioner or any other healthcare service provider.

5.2 When you access our Platforms, you may purchase Services and Products offered by EMA Partners that are made available on our Platforms. For Services and Products provided by EMA Partners, they are independent from EMA Services and Platforms and are outside of our control. EMA does not owe any duty of care to you and shall not be liable for any professional advice you obtain from any EMA Partners or any acts or omissions of any EMA Partner you engage through the Platforms.

5.3 To the extent permitted under the law, EMA makes no claims, representations or warranties as to the effectiveness of any Products or Services made available on our Platforms. Any Services made available on our Apps are for your information only and may not be appropriate for any individual or condition.

6. FINANCIAL, LEGAL, MEDICAL AND OTHER ADVICE DISCLAIMER

6.1 The Platforms merely provide technical support for you to better engage us or our EMA Partners, we do not provide any healthcare, medical or diagnostic services through the Platforms. To the extent permitted by laws, you acknowledge and agree that we shall have no liability for, and you shall not hold us responsible for, any outcome, consequence or issues arising from your interactions with us or our EMA Partners via the Platforms.

6.2 Using, visiting, downloading, browsing, and accessing our Platforms, or purchasing Products and Services does not create a physician-patient relationship or any other professional relationship between you and EMA. Nothing contained in our Platforms or in this Agreement is intended to replace licensed medical services or to be a substitute for medical advice of a licensed and trained healthcare professional. You hereby agree that you shall not make any decision based in whole or in part on anything contained on our Platforms.

6.3 Although we make reasonable efforts to update the generic health information provided on the Platforms, we make no representations, warranties or guarantees, whether express or implied, that such information available on the Platforms is accurate, complete or up to date.

7. NO WARRANTIES

7.1 Our Platforms, and the Products and Services made available on our Platforms are provided on an “as is” basis without warranties.

7.2 While EMA endeavours to ensure that the content of our Platforms or the Products or Services made available on our Platforms satisfy government regulations, to the extent permitted under applicable laws, EMA shall not be held liable for any breach of government regulations which does not result from EMA’s acts or omissions, and/or which is beyond EMA’s reasonable control.

7.3 To the extent permitted by applicable laws, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Use are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, EMA disclaims any liability in relation to the same to the maximum extent permitted by applicable laws.

7.4 We make no warranties that the Platforms are free of infection by computer viruses or other unauthorised software.

8. LIMITATION OF LIABILITY

8.1 Content published on our Platforms (including but not limited to information on the Products and Services) (collectively, “Content”) may include inaccuracies or errors. To the maximum extent permitted under applicable laws, EMA does not guarantee the accuracy of and disclaims all liability for any errors or other inaccuracies relating to the Content. EMA makes no representations about the suitability of the Content, Products and Services published on the Platforms for any purpose, and the inclusion or offering of any Products or Services on the Apps does not constitute any endorsement or recommendation of such Products or Services by EMA.

8.2 Save for any personal injury or death directly caused by EMA’s negligence or breach of contract which cannot be excluded under applicable laws, under no circumstances shall EMA be liable to you or any other person for any losses, damages and/or claims, including any direct, indirect, special, incidental, exemplary, consequential or other damages, under tort, contract, strict liability or otherwise, sustained or incurred by you or any other person resulting from, in connection with, or arising from your access, use or reliance on any information of our Platforms.

8.3 If, despite the limitation above, EMA is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, in no circumstances will the aggregate liability of EMA, whether in contract, tort or otherwise, for damages to you under this Agreement exceed SGD 100 or the total amount paid by you to us in the twelve (12) months preceding the incident giving rise to such liability, whichever is the higher.

9. LINKS TO THIRD PARTY WEBSITES

9.1 The Platforms may contain links to other websites or applications (“Linked Websites”) owned and/or operated by third parties who are not related or affiliated to us. The Linked Websites are not under our control or supervision and we are not accountable or responsible for the content of any Linked Websites or any hyperlink contained therein, and make no representation or warranty with respect to the content of any such third party sites.

9.2 EMA provides these links to you solely for the purpose of convenience and do not endorse or approve of any Linked Website. Your access to any such Linked Website is entirely at your own risk. Your use of a Linked Website is subject to the terms and conditions of such site.

10. INDEMNITY

10.1 To the fullest extent permitted under applicable laws, you shall indemnify, defend and hold harmless EMA, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from your act or omission in relation to your use of access of our Platform.

10.2 We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

11. CLAIMS AGAINST EMA

11.1 To the extent allowed by applicable laws, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Platforms within two (2) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.

12. PAYMENT

12.1 Prices: The prices of the Products and Services may change at any time depending on the offering suppliers or providers. However, any changes in prices shall not affect any Products or Services for which you have already made payment.

12.2 Payment: You shall be responsible for paying the prices of the Products and/or Services that you have ordered as well as any other applicable charges, which may include but shall not be limited to the following:

(a) all applicable taxes.
(b) all transaction or other processing fees charged by the banks or other third parties processing the transaction; and/or
(c) any other related fees.

12.3 Payment may be made using your credit card or any other payment methods permitted on the Platforms.

12.4 You hereby agree and undertake (if applicable) to be personally liable for, and to pay, all fees or charges in accordance with the fees, charges, and billing terms in effect at the time they are incurred, and in this regard:

(a) you hereby authorise EMA to bill and charge the debit or credit card registered under your account for any fees or charges as they become due and payable.

(b) in the event that your credit card expires, or EMA is otherwise unable to debit the applicable amounts from your debit or credit card, you shall on request immediately furnish EMA with a valid debit or credit card for payment or such information as EMA may require.

12.5 EMA’s assessment of the fees and charges is conclusive, final and binding on you. You must pay all fees and charges in advance, and they are non-refundable except as otherwise allowed under these Terms of Use or any applicable refund policies that may be communicated to you.

12.6 Third Party Payment Processors: EMA may use third party payment processors and agents (“Payment Processors”) to process payments. The processing of payments may be subject to the terms of use and privacy policies of those Payment Processors and are not accessible or controlled by EMA. EMA is not responsible for the acts or omissions of the Payment Processors. By making payment for the Products and/or Services or providing us with your credit or debit card details (or details of any other payment instrument), you agree to pay EMA, through the Payment Processors, all applicable fees and you agree and authorise EMA and applicable Payment Processors to charge all such sums mentioned in Clause 12.2 to your credit card, debit card or other payment instrument as you may specify. You also hereby consent to the disclosure by EMA of your debit or credit card information and associated payment information to the designated Payment Processor, for the purpose of collecting the fees and charges.

13. CANCELLATION, EXCHANGES, AND REFUNDS

13.1 Notwithstanding any provisions of these Terms of Use, EMA reserves the right to refuse or cancel any order, wholly or in part, for any reason.

13.2 If EMA refuses or cancels any order for any reasons unrelated to any wrongdoings or failure to comply with the Terms of Use on your part, EMA shall refund to you the fees paid for the Products and/or Services that have been refused or cancelled.

13.3 Unless as otherwise determined by EMA in its sole discretion, no refunds will be given for any consultation (which is either completed or terminated by you), purchased Products, missed appointments, or any other orders by you, once payment has been made by you.

13.4 In respect of appointments booked with EMA or EMA Partners:

(a) in the event you miss or fail to turn up for a scheduled appointment, you will not be entitled to any refunds;
(b) in the event that any service package you purchased with us has expired, you will not be entitled to any refunds;
(c) you are permitted to reschedule the date of your appointment any time before your scheduled appointment date, provided that the service package purchased with EMA has not expired, and subject to availability. The rescheduled appointment date must not fall on a date after the expiry of the package.
(d) EMA and EMA Partners reserve the right to charge an administrative fee for rescheduling any cancelled or missed appointments;
(e) EMA and EMA Partners reserve the right to decline to any requests to reschedule any cancelled or missed appointments.

14. INTELLECTUAL PROPERTY

14.1 EMA retains all rights, title and interest in all of EMA’s intellectual property, including, without limitation, any inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use, reproduce, republish, upload, post, transmit, modify, or distribute any of EMA’s Intellectual Property Rights for any reason whatsoever without EMA’s prior written consent, which may be withheld at EMA’s absolute discretion.

14.2 Without limiting the above, EMA retains all Intellectual Property Rights over the underlying technology, source code and technical information relating to the Platforms, as well as all content and information relating to the Platforms, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Use shall not confer any right, title or interest upon you or any other persons to EMA’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use the Platforms and the Products and Services made available to you through the Platforms.

14.3 23.3 The name, logo, trademark, trade name, service mark or other symbol (collectively, the “Marks”) displayed on the Platforms are the property of EMA or other third parties and all rights to the Marks are expressly reserved by EMA or the relevant third parties. You are not permitted to use the Marks without the prior written consent of EMA or such third party.

15. TERMINATION

15.1 Subject to applicable laws, we reserve the right to terminate, suspend or restrict your access to, or generally cease offering or deny access to part or all of the Platforms or to terminate this Agreement for any reason at any time and in our sole discretion, without prior notice or liability to you.

15.2 If we temporarily suspend, indefinitely suspend or terminate your account, you may not continue to use the Platforms for the relevant period.

15.3 You are entitled to terminate this Agreement at any time by deleting your account on the Platforms. After termination:
(a) EMA will have no further obligation to provide the Services.
(b) You will no longer have access to your data stored on the Platforms.

15.4 Save as required by law and subject to the Privacy Policy, EMA reserves the right to retain, delete or destroy all information communications and materials stored, posted or uploaded to the Platforms pursuant to its internal record retention and/or content destruction policies, including but not limited to your personal data and medical records. We recommend that you always keep a backup copy of your data.

15.5 Notwithstanding any such termination or suspension, you remain liable for the outstanding amounts incurred by you and you shall immediately settle all sum due and payable to us under this Agreement up to the date of termination of this Agreement.

15.6 The expiration or termination of this Agreement shall be without prejudice to any other rights or remedies which either party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party. To the extent permitted by applicable laws, Clauses 6 (Disclaimer), 7 (No Warranties), 8 (Limitation of Liability), 10 (Indemnity), 11 (Claims against EMA), 13 (Cancellation, Exchanges and Refund), 14 (Intellectual Property), 15 (Termination), and 16 to 22 (inclusive), and other disclaimers, limitations of liability and indemnities contained herein shall survive any termination of this Agreement.

16. General Provisions

16.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any conflicts of law principles. All claims, disputes, controversies arising from or in connection with this Agreement, the use of the Platforms shall be submitted to the jurisdiction of the courts of Singapore.

16.2 In the event that any term, condition or provision contained in these Terms of Use shall be determined to be invalid, unlawful or unenforceable to any extent, the same shall to that extent be severed from the Terms of Use and the remainder of which shall continue to be valid and enforceable to the fullest extent permitted by law.

16.3 No assignment, novation or otherwise transfer any of your rights, interests or obligations can be performed to a third party without obtaining the prior written consent of EMA. Any purported assignment in violation of this Clause shall be deemed null and void. EMA may delegate or subcontract all or part of the work to be performed under these Terms of Use to a third party on such terms as we may deem appropriate.

16.4 Save where expressly allowed in this Agreement, a person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, or as may be modified, supplemented, or adapted from time to time, to enforce any of the terms of this Agreement.

16.5 Nothing in these Terms of Use shall be construed to constitute a partnership, agency, or joint venture between you and EMA, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind EMA or to create liability on the part of EMA.

16.6 In these Terms of Use, unless the context otherwise requires, the headings are inserted for convenience only and shall not affect the construction of these Terms of Use.

17. DATA PRIVACY

17.1 We may collect, use and/or disclose personal data which includes without limitation, name, passport number or other identification number, address, phone number, email address, photograph in connection with your access and use of our Platforms, purchase of Products or use of Services, in accordance with our Privacy Policy.

17.2 We will take necessary steps as mandated by law to safeguard the data you provide or we collect during your interaction with us but we shall not have any responsibility in connection with any unauthorised access, use or transactions of these data.

17.3 In addition to the terms of our Privacy Policy, by accessing or using the Platforms or any of the Services, you acknowledge and agree that you will receive “push notifications”, email communications and/or SMS notifications from EMA, its related corporations and / or group companies relating to your access to and use of the Platforms.

17.4 Transfer of Information: Any information you provide to us in connection with your use of the Platforms will be transferred to our EMA Partners or third parties in accordance with our Privacy Policy and the applicable law. By visiting, using, downloading, accessing and/or browsing our Platforms, you consent to such transfer of information, our Privacy Policy and the Terms of Use.

17.5 Please refer to our Privacy Policy, which is hereby incorporated herein by reference, which governs our collection, use and disclosure of personal data.