Privacy Policy

This Privacy Policy governs our website at http://www.thera-smart.com/, sub-domains, and any associated web-based applications (collectively, the “Site”) as owned and operated by TheraSmart. For the purpose of this Privacy Policy, “TheraSmart”, “we”, “our” or “us” shall refer to THERASMART.

By accessing and using any part of the Site, you shall be deemed to have accepted to be legally bound by the terms of this Privacy Policy without limitation or qualification. If you do not agree to the terms of this Privacy Policy, please do not access or use the Site. Any continued access or use of the Site (whether this time or in future) will imply that you have accepted the terms of this Privacy Policy.

Your privacy is very important to us and we are committed to maintaining your trust. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information.

If you are a practitioner who is registered with us or has subscribed to our services, or a client of the practitioners who is registered with us, we have additional privacy policy terms specific to your usage. You can find the relevant terms and conditions specific to your usage in the Terms of Services for Practitioners, and the General Terms and Conditions which are applicable to the Clients of Practitioners. Please read these carefully before you use our services.

  1. Collection, Use and Disclosure of Personal Information
    If you are only browsing this Site, we do not capture data that allows us to identify you individually. This Site automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page(s) requested. This information may be used to improve the overall user experience.

    By providing your personal information to us, whether or not through the Site, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy

    We may collect, use and/or disclose your personal information for the following purposes:

    1. setting up your registered user account and profile on the Site;
    2. to provide and improve our services, including informing you of any change or updates in our services;
    3. for targeted online marketing;
    4. for accounting, billing and verification purposes;
    5. to contact you regarding any complaints, feedback, queries, requests, claims or disputes;
    6. to facilitate investigations into any suspicious or illegal activity on the Site;
    7. for internal administrative and management purposes;
    8. where required by any act, statute, law, or regulation, rules, directives, or by the order of a government authority or a court or tribunal of competent jurisdiction;
    9. such other purposes consented by you for which your personal information is collected;
    10. any other purpose reasonably related to the aforesaid.

    We may disclose your personal information to our partners whom we have engaged to provide our services, to maintain this Site or to protect the security or integrity of this Site and our databases. We will use commercially reasonable efforts to ensure that such partners do not use your personal information for a purpose other than the purposes for which the personal information was originally given.

    You acknowledge and agree that your user name, profile picture and description, qualifications and contact information may be displayed and made available to other users of the Site. As we rely on your personal information to provide our services to you, you agree to ensure that the information provided by you is accurate, complete and up to date.

  2. Confidentiality
    Save where expressly provided herein, we will not to reveal to any person, firm or company any which may come to our knowledge hereunder and shall keep with complete secrecy the personal information provided by you and shall not use or attempt to use any such personal information in any manner without your permission. These restrictions shall cease to apply to information or knowledge which may come into the public domain other than as a result of any act or breach of this Privacy Policy by us.

  3. Changing or Deleting Your Information
    You may review and change your personal information in your account settings. We will not be responsible for any modification of your personal information specified in your account.

    We will only retain your personal information as long as necessary for the fulfilment of the purposes stated in this Privacy Policy and any applicable terms and conditions.

  4. Security of Your Personal Information
    Your account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.

    You should also take appropriate keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using any services on the Site.

    Where appropriate, we will take reasonable security safeguards to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Unfortunately the sending of information via the internet is not completely secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, and you send such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Site.

    Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Site is free of viruses or other unauthorised software.

  5. Third Party Websites
    The Site may contain hyperlinks to and from other Internet websites, which may have different privacy practices. Please read the privacy policies of the other websites you visit.

  6. Applicable Law
    This Privacy Policy is governed by, and construed in accordance with, the laws of the Republic of Singapore.

  7. Modification
    The terms of this Privacy Policy may be revised, changed and updated from time to time, without notice to you. All changes will be posted on this page, and your continued access or use of the Site after such changes have been posted will constitute your agreement to the modified Privacy Policy and all of the changes. We therefore encourage you to read this Privacy Policy each time you visit this Site

  8. Contacts
    If you have any comments, concerns or questions about this Privacy Policy, our policies and practices, please contact [us / our Data Protection Officer] at [contacts details e.g. email address, address, telephone number].

  9. General Terms of use
    By accessing or using the Site, you are deemed to have also accepted our General Terms.

General Terms

Thank you for using TheraSmart’s website at http://www.thera-smart.com/. These General Terms of Use govern our website at http://www.thera-smart.com/, sub-domains, and any associated web-based applications (collectively, the “Site”) as owned and operated by TheraSmart.

By accessing and using any part of the Site, you shall be deemed to have accepted to be legally bound by these General Terms of Use and our without limitation or qualification. If you do not agree to these General Terms of Use or our Privacy Policy, please do not access or use the Site. Any continued access or use of the Site (whether this time or in future) will imply that you have accepted these General Terms of Use and our Privacy Policy.

  1. General
    These General Terms of Use may be changed from time to time without notice. All changes will be posted on this page, and your access or use of the Site after such changes have been posted will constitute your agreement to the modified General Terms of Use and all of the changes. You should therefore read this page carefully each time you visit the Site.

  2. Proprietary Rights
    The Site is owned and operated by TheraSmart.

    The materials located on this Site, including the text, information graphics, audio, video, as well as any software programs available on or through the Site (collectively “Content”), are protected by copyright, trademark and other forms of proprietary rights. Unless expressly stated, all rights, title, benefit and interest in the Content are owned by, licensed to or controlled by TheraSmart.

  3. Restrictions on Use of Content
    Unless otherwise stated, all information made available on this Site are the property of TheraSmart and may not be disclosed, disseminated, or distributed to any unauthorized party. Except as otherwise permitted by TheraSmart, the Content must not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed or used in any way, without the prior written permission of TheraSmart.

    Modification of any of the Content or use of the Content for any other purpose will be a violation of copyright and other intellectual property rights of TheraSmart. Graphics and images on the Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners and TheraSmart.

    You agree not to use any device, software or routine to interfere, attempt to interfere with, or disrupt the proper operation of the Site or the integrity or performance of the data or software accessible on or through the Site. In particular, you agree not to:

    1. attempt to or to gain access to the Content or related systems or networks in a manner not permitted by this General Terms of Use;
    2. post, transmit or otherwise make available through or in connection with the Content any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other harmful computer code, files, scripts agents or programs;
    3. remove any copyright, trademark or other proprietary rights notice from the Content;
    4. frame or mirror any portion of the Services, or otherwise incorporate any portion of the Content into any product or service;
    5. systematically download and store any part thereof of the Content;
    6. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any part thereof of the Site or the Content; or
    7. reproduce or circumvent the navigational structure or presentation of the Site or the Content.


  4. Disclaimer of Warranties and Liability
    The Content is provided on an “as-is, where-is” basis without any warranties of any kind, express or implied. TheraSmart specifically disclaims implied warranties of title, fitness for a particular purpose, expectation of privacy, non-infringement of intellectual property or other violation of rights. To the fullest extent permitted by law, TheraSmart does not warrant and hereby disclaims any warranty:

    1. as to the accuracy, completeness, correctness, reliability, currentness, timeliness, non-infringement of the Content;
    2. that the Content is free from any technical, typographical, photographic or any other errors or omissions;
    3. that the Content or any functions associated with the Site will be uninterrupted or error-free, or that any errors or defects will be corrected or that the Site, the Site server and the Content are and will be free of all viruses, other malicious, destructive or corruption code/programme and / or other harmful elements.


    TheraSmart shall also not be liable for any damage or loss of any kind, howsoever caused as a result (direct or indirect) of the access or use of the Site, including but not limited to any damage or loss suffered as a result of reliance on the Content.

    The Content does not constitute medical, legal or professional advice. If medical, legal or other professional advice is required, services of a competent professional should be sought. In particular, we may make available general medical, therapy, coaching and other related information on the Site. These materials are for informational and educational purposes only and do not constitute professional advice, diagnosis or treatment. You assume full risk and responsibility for the use of information you obtain from or through this Site, and you agree that TheraSmart is not responsible or liable for any claims, losses, costs, damages, demands, proceedings, liabilities and expenses that you may incur or suffer, in connection with or arising from any use of the information.

  5. Reserved Rights
    TheraSmart reserves the right to update or modify the Site and the Content from time to time without notice.

    TheraSmart further reserves all rights to deny or restrict access to the Site, the Content and/or any parts(s) thereof to any particular person (whether such person is a subscriber or otherwise), or to block access from a particular Internet address to the Site, at any time, for any reason whatsoever and without ascribing any reasons whatsoever.

  6. Links from the Site to Other Sites
    The Site may contain hyperlinks to websites which are not produced or maintained by TheraSmart. TheraSmart makes no representation and is not responsible for the content of those websites and shall not be liable for any damages or losses arising from access to those websites. Any content, services, representations made on such websites are solely the responsibility of the operator of those websites and TheraSmart assumes no responsibility for any content, the operation or the services provided thereon. Use of the hyperlinks and access to such linked websites are entirely at your own risk.

    All hyperlinks to other websites are provided as a convenience to you as a user of the Site. In no circumstances shall TheraSmart be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the Site is linked.

  7. Links to the Site from Other Sites
    In no circumstances shall TheraSmart be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on the websites that link to the Site or any part(s) thereof or any of the Content.

    TheraSmart reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Site or any of the Content

  8. Specific Terms and Conditions of Use by Clients of Practitioners
    The terms and conditions contained in this Clause are applicable to the prospective, current and/or previous clients (“Clients”) of the practitioners who are registered with TheraSmart or have subscribed to TheraSmart for the use of our services (“Practitioners”).

    (a) General Information & Registration
    You will need to register an account with us before accessing and using the Site and Content and to receive the services offered or provided by the Practitioners to you. By registering with us or using this Site, you acknowledge and agree to be bound by these General Terms of Use and our Privacy Policy.

    To register, you must be 18 years old and above and must complete the registration process, which includes completing the questionnaire and medical history form, as well as uploading any medical reports where applicable. You confirm that all information provided by you, in particular your medical information, are true, accurate, correct and up to date.

    You are responsible for the confidentiality of your username and password and shall take ownership of all activity and transactions under your account.

    (b) Restriction, Suspension or Deletion of Account
    We shall have the right to restrict, suspend or delete your account or access to the Site at any time at our sole discretion for any reason or no reason. Where such restriction or suspension is due to planned downtimes for maintenance of the Site and the Content, this will be communicated in advance on or through the Site.

    (c) Use of Site
    You agree that you will not:

    1. use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
    2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
    3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, tortuous, obscene, indecent or unlawful topic, name, material or information;
    4. upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
    5. use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    6. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
    7. violate any applicable laws or regulations; or
    8. create a false identity for the purpose of misleading others.


    (d) Communications
    You agree that we have access to all communications between you and your Practitioner and such communications may be retained by us for our internal records. Save as where expressly provided for in these General Terms of Use and our Privacy Policy, we will not reveal such communications to any person, firm or company and shall not use or attempt to use any such communications in any manner without your permission, [unless we believe in good faith that the disclosure is necessary to comply with a legal process; protect the rights, property or safety of TheraSmart or another party; enforce this agreement; or respond to any complaints].

    You agree and acknowledge that communications between you and TheraSmart may be by way of email or by TheraSmart uploading notifications on the Site or through its Content, and that such communication will satisfy any notification requirements in these General Terms of Use and the Privacy Policy.

    (e) Acknowledgment
    You acknowledge and agree that:

    1. you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
    2. information provided by you or your Practitioner will be used for the provision of services by the Practitioner to you, including but not limited to scheduling appointments, notification of any promotional and marketing materials, notifications of treatment plans and information;
    3. your use of the Site and reliance on the Content are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site or the Content;
    4. you are solely responsible for accessing and any reliance you may place on the promotions, offers and other advertising and marketing materials as provided by the Practitioners, and your dealings or communications with the Practitioners and any terms, conditions, warranties or representations associated with such dealings are solely between you and the Practitioner. We are not responsible for any loss or damage incurred as a result of any such dealings, communications or marketing or promotional materials on the Site;
    5. TheraSmart is not affiliated with and does not recommend or endorse any Practitioner or their services, and the appearance of materials on the Site relating to any such services is not an endorsement or recommendation of them;
    6. the tools provided on the Site for the booking of appointments are provided on an “as is” basis without warranties of any kind, either express or implied, and you acknowledge that we accept no liability for any failure, disruption, downtime, interruption, delay, inaccuracy, or any other non-performance of such tools;
    7. we reserve the right to review materials posted, to edit, refuse to post, or to remove any Content, or to terminate your access to the Site and Content in our sole discretion at any time, without notice, for any reason whatsoever;
    8. the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site.


    In particular, in addition to the Privacy Policy, you acknowledge and consent to the following additional purposes for the collection, use and disclosure of your personal data:

    1. to enable the Practitioners to provide their services to you;
    2. to keep a record of your medical information, history and reports as provided to us by you or your Practitioners;
    3. for the scheduling and rescheduling of your appointments;
    4. for the Practitioners to share your treatment plan and other educational information with you;
    5. any other purpose reasonably related to the aforesaid.


    (f) Limitation of Liability
    We do not provide medical or healthcare services or advice of any sort, and nothing stated or posted on the Site should be interpreted as such. If you rely on any information posted on the Site or any Content, you do so solely at your own risk.

    We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with your use of the Site or the Content.

    (g) Representation and Warranty
    You hereby represent and warrant that:

    1. all information provided by you is accurate, complete and up to date, including the completion of any questionnaire, medical information, history and medical reports;
    2. you will notify TheraSmart promptly of any unauthorised access or use to the Site or the Content.


    (h) Proprietary Rights
    You are granted a limited licence to access and use our services in accordance with these General Terms of Use and the Privacy Policy. Under this limited licence, you may NOT do the following:

    1. modify or copy the Content;
    2. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software available on or through the Site;
    4. remove any copyright or other proprietary notations from the Content;
    5. transfer the Content to another person or device; or
    6. “mirror” the Content on any other server.


    This license shall automatically terminate if you violate any of the restrictions above, breach any of the terms and conditions, or if your account or access to the Site is restricted, suspended, deleted or terminated by TheraSmart. This licence may be terminated by TheraSmart on written notice at any time. Upon termination of this licence, you must destroy any downloads or copies of the Content in your possession whether in electronic or printed format.

    (i) Indemnity
    You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these General Terms of Use, our Privacy Policy or otherwise by your use of the Site.

    (j) Dispute Resolution between the Practitioners and the Clients
    In the event either you or your Practitioner submits a notice of dispute to us in relation to the conduct of the corresponding party, you shall cooperate with us to resolve the dispute. You agree that we will use our best endeavours to resolve the dispute and do not guarantee that the dispute will be resolved. If we cannot resolve the dispute within thirty (30) days of our receipt of the dispute notice, then the party requesting relief may elect to resolve the dispute through other available dispute resolution.

    (k) General
    Nothing contained in these General Terms of Use shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto, and in particular between TheraSmart and the Practitioner.

    All rights and obligations hereunder are personal to the Parties and each Party shall not assign any such rights and obligations to any third party without the prior consent in writing of us.

    Any one or more clauses, stipulations or provisions of these General Terms of Use, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these General Terms of Use, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.

  9. Applicable Law
    These General Terms of Use are governed by, and construed in accordance with, the laws of the Republic of Singapore.

  10. Dispute Resolution
    If you have any disputes or differences arising out of or in connection with these General Terms of Use, the Privacy Policy or any other terms and conditions with TheraSmart, including any question regarding their existence, validity or termination, you agree to notify TheraSmart of the same in writing. TheraSmart shall have the right, but not the obligation, to attempt to resolve the dispute or differences through an informal process within 30 days from the date of receipt of your written notification.

    In the event parties are unable to resolve the dispute or differences between you and TheraSmart through the informal dispute resolution process stated above, you agree that the dispute or differences shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore Institute of Arbitrators (“SIArb Rules”) in force at the commencement of the arbitration which rules are deemed to be incorporated by reference to this Clause. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre. All arbitration proceedings shall be in the English language. The decision in writing of the arbitrator shall be final and binding on all parties.

    The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.

    Notwithstanding the provisions of this Clause, and the arbitration provided for herein, actions initiated or maintained by either Party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either Party in any court which has jurisdiction. Actions may also be initiated or maintained by either Party where the same is relevant or necessary for such Party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.

    ANY ACTIONS BY YOU MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE FAILING WHICH THAT CAUSE OF ACTION SHALL BE WAIVED AND BARRED.

  11. Privacy Policy

    By accessing or using the Site, you are deemed to have also accepted our Privacy Policy.


Terms of Services

  1. General information
    1.1. Please review these Terms and Conditions before carefully using this Site.

    1.2. By registering with or subscribing to us or using this Site, you acknowledge and agree to be bound by the Terms and Conditions herein, the General Terms of Use, and our Privacy Policy.

    1.3. We reserve the right to make changes to these Terms and Conditions at any time without prior notice to you. By using the Site on or after the date on which the Terms and Conditions have been revised, your use would be deemed as acceptance of the revised Terms and Conditions.

  2. Definitions
    2.1. In these Terms and Conditions, unless the context otherwise requires the following words or expressions shall have the following meanings:-
    1. Client” or “Clients” means the prospective, current and/or previous clients of the Practitioners who are registered with TheraSmart.
    2. Content” means the materials located on this Site, including the text, information graphics, audio, video, as well as any software programs available on or through the Site.
    3. General Terms of Use” means the terms of use found on the General Terms of use of or access to the Site.
    4. Privacy Policy” means the privacy policy found on which provides details of how we collect and store personal information.
    5. Services” means the collective functionality and features as provided by us through our Site.
    6. Site” means the website at http://www.thera-smart.com/, sub-domains, and any associated web-based applications as owned and operated by TheraSmart.
    7. Subscription Fees” means the fees payable by the Practitioners who have subscribed to TheraSmart for the use of the site and our Services.
    8. Terms and Conditions” or “Terms” means the terms and conditions herein, the General Terms of Use as well as our Privacy Policy.
    9. Practitioner”, “Practitioners” or “you” means the practitioners who are registered with or have subscribed to TheraSmart for the use of our Services.
    10. Practitioner Services” means the services offered or provided by the Practitioners to their Clients, the scope of which includes but is not limited to holistic or complementary therapies, health or life coaching and alternative treatments, such as hypnotherapy, regression therapy and nutripuncture.
    11. TheraSmart”, “we”, “our” or “us” refers to THERASMART.


  3. Registration
    3.1. You will need to register an account with us before using our Services.

    3.2. To register, you must be 18 years old and above and must complete the registration process. You confirm that all information provided by you, including your capabilities, experience, qualifications and specialisations are true, accurate, correct and up to date.

    3.3. You are responsible for the confidentiality of your username and password and shall take ownership of all activity and transactions under your account.

  4. Restriction, Suspension or Deletion of Account or Services 4.1. We shall have the right to restrict, suspend or delete your account or access to the Site, or to restrict, suspend or cease to provide any Services to you at any time at our sole discretion for any reason or no reason. Where such restriction or suspension of Services is due to planned downtimes for maintenance of the Site and the Content, this will be communicated in advance on or through the Site.

  5. Use of Site
    5.1. By using the Site or our Services, you agree to abide by all the Terms and Conditions herein, our General Terms of Use as well as our Privacy Policy.

    5.2. You agree that you will not:

    1. use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
    2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
    3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, tortuous, obscene, indecent or unlawful topic, name, material or information;
    4. upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
    5. use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    6. upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
    7. violate any applicable laws or regulations; or
    8. create a false identity for the purpose of misleading others.

    5.3. By using the Site to provide the Practitioner Services, you are required to abide by any applicable laws and regulations, including any applicable privacy laws, in any jurisdiction.

  6. Subscription Term and Termination of Account
    6.1. The term of this agreement shall be as specified in the invoice issued by TheraSmart to you (“Subscription Term”). The Subscription Term commences on the date specified in the invoice, and will be renewed automatically for the period specified in the invoice until either party terminates the agreement in accordance with these Terms and Conditions.

    6.2. Either party may terminate the agreement at any time, for any reason or no reason, by providing written notice to the other party of at least thirty (30) days before the end date of the existing Subscription Term. Unless otherwise specified in an invoice, Subscription Fees during any automatic renewal term will revert to the current pricing in effect at the time such renewal term commences. You may terminate your account under this Clause by written notice to us at [email address or other mode].

    6.3. TheraSmart may terminate the agreement with immediate effect by written notice to you, if you and/or your affiliate have breached or violated any of these Terms and Conditions, the General Terms of Use or the Privacy Policy.

    6.4. In the event of any termination, you will have no rights to the continued use or access to the Site, the Content or your account, except as expressly provided in Clause 6.5. TheraSmart will have no obligation to maintain your account or to retain or forward any information in your account, including but not limited to your clients’ details and lists, your clients’ medical information and reports, your appointment scheduling, appointment notes and treatment plans to you or any third party, except as required by the applicable law.

    6.5. Upon written request by you within thirty (30) days following any termination, and provided that there are no outstanding amounts payable from you to TheraSmart, TheraSmart will make the data in your account available to you through TheraSmart’s standard web services for a period of up to thirty (30) days after receipt of such notice, subject to an additional fee. After such thirty (30) day period, TheraSmart will have no further obligations to retain or provide your data to you.

  7. Subscription Fees
    7.1. Our Subscription Fees are as set forth on the Site or in our invoice to you. All Subscription Fees stated on the Site are in US Dollars.

    7.2. You agree to pay TheraSmart the Subscription Fees and any other applicable fees stated on our invoice or otherwise specified in these Terms and Conditions. All fees paid are non-refundable. Unless otherwise stated, the Subscription Fees for the subscription are payable in advance on the commencement of that Subscription Term. The Subscription Fees may be paid on a monthly or an annual basis, depending on your selection when you subscribe.

    7.3. You will provide TheraSmart with valid and updated credit card information or another form of payment acceptable to TheraSmart. If you provide credit card information, you represent and warrant that you are authorized to use the credit card and you authorize TheraSmart to charge the card for all payments stated herein. By submitting payment information, you authorise TheraSmart to provide that information to third parties for the purposes of facilitating payment. You agree to verify any information requested by TheraSmart for purposes of acknowledging or completing any payment.

    7.4. Any amounts payable which are not received by TheraSmart by the applicable due date may be subject to late payment interest at 1.5% per month, or the maximum interest permitted by applicable law, whichever is less. Any costs and expenses incurred by TheraSmart in recovering any outstanding amounts from you shall be payable on an indemnity basis.

    7.5. Any amounts payable which are not received by TheraSmart within thirty (30) days after the applicable due date will be deemed a material default under these Terms and Conditions, and TheraSmart will be entitled to suspend, delete or terminate your account or the provision of Services to you, at its sole discretion.

    7.6. TheraSmart may increase any fees specified on the Site, or in an order form or an invoice, provided that the increase will not take effect until the expiration of the current subscription term. TheraSmart may increase any fees that are not specified in an order form at any time, with or without notice to you.

    7.7. If you believe a payment has been processed in error, you must provide written notice to TheraSmart within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If notice is not received by TheraSmart within such thirty (30) day period, the payment will be deemed final and non-refundable.

    7.8. All Services subscribed for cannot be cancelled, regardless of whether your account is terminated by TheraSmart for any reason, whether due to breach of any of the Terms and Conditions, the General Terms of Use or the Privacy Policy, or whether for convenience in accordance with Clause 6.

  8. Taxes
    8.1. The Subscription Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction.

    8.2. You shall pay all applicable goods and services tax, duties or levies whatsoever at the rate which may from time to time be imposed or charged at any time by any government statutory or tax authority on or calculated by reference to the amount of any sums payable by you hereunder or to reimburse us for the payment of such taxes, duties or levies immediately on receipt of written notice from us.

    8.3. If we shall at any time be compelled by any applicable law to withhold or deduct any tax on your behalf from any amount payable to you hereunder, we shall, when making payment to you, make payment of such tax at the applicable rate to the appropriate tax authority and shall promptly furnish to you written receipts from the appropriate tax authority certifying that such payments have been made.

  9. Communications
    9.1. All communications between you and your clients which are made through the Site must be with a consistent and high level of courtesy, respect and professionalism. You agree that we have access to all communications between you and your clients and such communications may be retained by us for our internal records. Save as where expressly provided for in these Terms and Conditions, the General Terms of Use and our Privacy Policy, we will not reveal such communications to any person, firm or company and shall not use or attempt to use any such communications in any manner without your permission, [unless we believe in good faith that the disclosure is necessary to comply with a legal process; protect the rights, property or safety of TheraSmart or another party; enforce this agreement; or respond to any complaints].

    9.2. You agree and acknowledge that communications between you and TheraSmart may be by way of email or by TheraSmart uploading notifications on the Site or through its Content, and that such communication will satisfy any notification requirements in these Terms and Conditions, the General Terms of Use and the Privacy Policy.

  10. No Warranty
    10.1. We do not warrant the accuracy, adequacy or completeness of the Site and/or the Content, and expressly disclaim liability for errors or omissions in the Content.

    10.2. No warranty of any kind, including but not limited to the warranties of non-infringement of third party rights is given in conjunction with the Site and the Content.

    10.3. We do not warrant that the Site and/or any Content will be provided uninterrupted or free from errors or that any identified faults will be corrected; further, no warranty is given that the Site and the Content are free from any computer virus or other malicious, destructive or corrupting code/programme.

  11. Acknowledgement
    11.1. You acknowledge and agree that:

    1. you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
    2. your use of the Site and reliance on the Content are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site or the Content;
    3. we reserve the right to review materials posted, to edit, refuse to post, to remove any Content, terminate your access to the Site and Content in our sole discretion at any time, without notice, for any reason whatsoever;
    4. the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site.

    In particular, in addition to the Privacy Policy, you acknowledge and consent to the following additional purposes for the collection, use and disclosure of your personal data:
    1. to enable you to provide your Practitioner Services to your Clients;
    2. for the scheduling and rescheduling of your appointments;
    3. to enable you to communicate with your Clients and other users or visitors to the Site;
    4. any other purpose reasonably related to the aforesaid.

  12. Limitation of liability
    12.1. We do not provide medical or healthcare services or advice of any sort, and nothing stated or posted on the Site should be interpreted as such. If you rely on any information posted on the Site, you do so solely at your own risk.

    12.2. We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with your use of the Site, the Content or our Services.

  13. Representation and Warranty
    13.1. You hereby represent and warrant that:

    1. you hold all rights, title and interests in your logo, branding and any marketing or promotional material you have placed on the Site;
    2. all information provided by you is accurate, complete and up to date, including any compliance with licences, governmental or third party approvals and consents;
    3. all information of your Clients are accurate, complete and up to date to the best of your knowledge;
    4. you are not contractually and/or legally restricted from performing or providing any of the Practitioner Services which you offer;
    5. your affiliates and Clients will comply with all of the applicable provisions of these Terms and Conditions, and any applicable local, state, national and foreign laws, including those related to privacy and transmission of personal data;
    6. you will notify TheraSmart promptly of any unauthorised access or use to the Site or the Content;
    7. you will not reveal or otherwise misuse any personal information, including but not limited to the medical information, history and reports, of your Clients.
  14. Proprietary Rights
    14.1. You acknowledge and agree that we own, or have the licence to use, the Site and the Content, including the source and object codes, pages, documents and online graphics, audio, video and such other content found in the Site and any and all intellectual property rights used or embodied in or in connection thereto. This includes any branding, logo, marketing or promotional material which you have uploaded on the Site for the provision of your Practitioner Services. The Site and the Content shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.

    14.2. You are granted a licence to access and use our Services in accordance with these Terms and Conditions, the General Terms of Use and the Privacy Policy. Under this licence, you may NOT do the following:

    1. modify or copy the Content;
    2. use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software available on or through the Site;
    4. remove any copyright or other proprietary notations from the Content;
    5. transfer the Content to another person or device; or
    6. “mirror” the Content on any other server.


    14.3. This license shall automatically terminate if you violate any of the restrictions above, breach any of the terms and conditions, or if your account or access to the Site is restricted, suspended, deleted or terminated by TheraSmart. This licence may be terminated by TheraSmart on written notice at any time. Upon termination of this licence, you must destroy any downloads or copies of the Content in your possession whether in electronic or printed format.

  15. Indemnity
    15.1. You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms and Conditions, our General Terms of Use, our Privacy Policy or otherwise by your use of the Site.

  16. Dispute Resolution between the Practitioners and the Clients
    16.1. In the event either you or your Client submits a notice of dispute to us in relation to the conduct of the corresponding party, you shall cooperate with us to resolve the dispute. You agree that we will use our best endeavours to resolve the dispute and do not guarantee that the dispute will be resolved. If we cannot resolve the dispute within thirty (30) days of our receipt of the dispute notice, then the party requesting relief may elect to resolve the dispute through other available dispute resolution.

  17. General
    17.1. Nothing contained in these Terms and Conditions shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto.

    17.2. No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.

    17.3. All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without the prior consent in writing of us.

    17.4. Any one or more clauses, stipulations or provisions of these Terms and Conditions, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms and Conditions, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.

  18. Governing Law
    18.1. These Terms and Conditions shall be construed and its performance governed in accordance with the law of the Republic of Singapore

  19. Dispute Resolution

  20. 19.1. If you have any disputes or differences arising out of or in connection with these Terms and Conditions, or any other terms and conditions with TheraSmart, including any question regarding their existence, validity or termination, you agree to notify TheraSmart of the same in writing. TheraSmart shall have the right, but not the obligation, to attempt to resolve the dispute or differences through an informal process within 30 days from the date of receipt of your written notification.

    19.2. In the event parties are unable to resolve the dispute or differences between you and TheraSmart through the informal dispute resolution process stated above, you agree that the dispute or differences shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore Institute of Arbitrators (“SIArb Rules”) in force at the commencement of the arbitration which rules are deemed to be incorporated by reference to this Clause. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the Singapore International Arbitration Centre. All arbitration proceedings shall be in the English language. The decision in writing of the arbitrator shall be final and binding on all parties.

    19.3. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.

    19.4. Notwithstanding the provisions of this Clause, and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.

    19.5. ANY ACTIONS BY YOU MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE FAILING WHICH THAT CAUSE OF ACTION SHALL BE WAIVED AND BARRED.

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