Terms of Use
Welcome to Luen Wah Medical Co Singapore Website (”Luen Wah ”). Please read the Website Terms and Conditions carefully before using the Website and/or use of its services. By your access of this Website, you hereby agree to be legally bound by the Website Terms and Conditions. If you are unwilling to accept the Website Terms and Conditions, please discontinue further use of this Website.
Content
All text, graphics, images, video, audio, charts, widgets, user interfaces, visual interfaces, trademarks, logos, software code, and other copyrighted or otherwise proprietary content used on this Website is owned, controlled, or licensed to Luen Wah, and is protected by trade dress, copyright, patent and trademark laws, and various other Singapore and international intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use and separate terms provided in connection with specific Content provided through the Luen Wah Website, no part of the Website and no Content may be copied, reproduced, republished, podcast, webcast, uploaded, posted, publicly displayed, publicly performed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any purpose, without Luen Wah’s express prior written consent.
Account
Users who are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions may choose to register an account (a user who has registered for an account through this Website is a “Registered User”, each such account a “Luen Wah Account”). If you are under 18, you may only become a Registered User with the involvement and consent of a parent or guardian. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information and other information. When you register for a Luen Wah Account you must (i) provide accurate and truthful information about yourself, including, if applicable, billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing a Luen Wah Account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for such Luen Wah Account. You may be requested to abide by additional Luen Wah Account terms of use.
Your Luen Wah Account is personal to you. You are responsible for maintaining the confidentiality of your Luen Wah Account and password and for restricting access to your Luen Wah Account, and you agree to accept responsibility for all activities that occur under your Luen Wah Account. Luen Wah reserves the right to refuse service, terminate or disable the Luen Wah Website (or any portion of the Luen Wah Website) or any Luen Wah Accounts, remove or edit Content, or cancel orders in its sole discretion. You must notify Luen Wah immediately of any breach of or unauthorized use of your Luen Wah Account.
Terms and Conditions of Purchase
Additional terms and conditions may apply to purchases of goods and to specific portions or features of the Luen Wah Website, including payment terms, Content use restrictions or contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. All purchases from the Luen Wah Website are non-returnable unless stated otherwise. If a purchase from the Luen Wah Website is eligible for return, Luen Wah does not take title to returned items until the item arrives at our address. At our discretion, a refund may be issued without requiring a return. In this situation, Luen Wah does not take title to the refunded item. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Luen Wah Website or for any Content, purchase or service offered on or through the Luen Wah Website, the latter terms shall control with respect to your use of that portion of the Luen Wah Website or the specific Content, purchase or service.
Luen Wah’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Luen Wah Website should be construed to alter such agreements, provide additional warranties, or create additional obligations on the part of Luen Wah.
Payment will be made through Stripe or PayNow
You must input a valid credit card number and expiration date before you will be allowed to purchase any items from the Luen Wah Website, and you do hereby represent and warrant that you are authorized to use the credit card. You do hereby authorize Luen Wah to charge your credit card for all expenses incurred on your Luen Wah Account. If you dispute any charge on your Luen Wah Account, then you must contact Luen Wah within 10 days of your receipt of your statement containing the disputed charge. All denials of a transaction by your bank, all holds, and all other similar issues are your sole responsibility and should be dealt with between you and your bank. Luen Wah takes reasonable steps to ensure that all data transmitted by Luen Wah is done safely and privately; however, despite those steps, Luen Wah cannot guarantee the complete security of all credit card and other data transmitted by Luen Wah or its processor. Please review the DISCLAIMERS and LIMITATION OF LIABILITY sections set forth below, which are applicable to each user’s use of the Luen Wah Website, including the transmission of credit card and other data.
Luen Wah may make changes to any Content, products, services or features offered on the Luen Wah Website, or to the applicable prices for any such Content, products, services or features, at any time, without notice. Luen Wah endeavour to keep information up to date and be as accurate as possible. However, Luen Wah does not warrant that product descriptions or other information about any Luen Wah product or service is complete, reliable, current, or error-free. Luen Wah reserves the right to cancel any transaction up until the time the item is shipped. All items purchased from Luen Wah are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Luen Wah’s delivery to the carrier. Those items to be shipped to countries outside of Singapore may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
Privacy
Luen Wah’s Privacy Policy applies to use of this Luen Wah Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Luen Wah Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Luen Wah Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
The Luen Wah Privacy Policy may be changed from time to time. Your use of the Luen Wah Website shall subject you to the then-current terms of the Privacy Policy.
The Luen Wah Website may use encryption technology to protect information from access by unauthorized third parties. LUEN WAH AND ITS RELATED PARTIES PROVIDE NO GUARANTY, REPRESENTATION, OR WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), THAT THE ENCRYPTION TECHNOLOGY WILL OPERATE AS INTENDED OR THAT A THIRD PARTY WILL NOT BE ABLE TO ACCESS INFORMATION. If you have any concern about sending any information over the Internet or otherwise communicating with Luen Wah, then you should use an alternative means of submission. By sending information over the Internet in connection with your use of the Luen Wah WEbsite, you agree to indemnify and hold harmless Luen Wah, its officers, directors, employees, contractors, agents, affiliates, and assigns from and against all claims arising out of or relating to any failure of the encryption technology to protect your information.
Links to Other Sites
This Luen Wah Website may contain links to third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Luen Wah’s control, and Luen Wah is not responsible for the practices, content, security, privacy policies or practices of the Linked Sites and does not endorse (and cannot censor or edit) the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Your Use of the Luen Wah Website
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Luen Wah Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Luen Wah Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Luen Wah Website. Luen Wah reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Luen Wah Website, or any other systems or networks connected to the Luen Wah Website or to any Luen Wah server, or to any of the services offered on or through the Luen Wah Website, by hacking, password “mining” or any other illegitimate means.
You may not use the Luen Wah Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Luen Wah or others.
All rights not expressly granted to you in these Terms of Use or any other service terms you agree to are reserved and retained by Luen Wah or its licensors, suppliers, or other content providers. The license granted by Luen Wah automatically terminates if you do not comply with these Terms of Use or any other terms of service.
Disclaimers
LUEN WAH DOES NOT PROMISE THAT THE LUEN WAH WEBSITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE LUEN WAH WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE LUEN WAH WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE LUEN WAH WEBSITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. LUEN WAH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE LUEN WAH WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM LUEN WAH WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUEN WAH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LUEN WAH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE LUEN WAH WEBSITE AND/OR ANY MDS SERVICES. YOU EXPRESSLY AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE LUEN WAH WEBSITE OR A LUEN WAH ACCOUNT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LUEN WAH FOR DISSATISFACTION WITH THE LUEN WAH WEBSITE OR ANY CONTENT IS TO STOP USING THE LUEN WAH WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Luen Wah reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Luen Wah Website, or any portion of the MDS Site or MDS Account, for any reason; (2) to modify or change the MDS Site or any portion of the MDS Site; and (3) to interrupt the operation of the MDS Site, or any portion of the Luen Wah Website or a Luen Wah Account, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Indemnity
Violation of These Terms of Use
Luen Wah may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Luen Wah Website, or to identify, contact or bring legal action against someone who may be causing injury to or interfering with (either intentionally or unintentionally) the Luen Wah Website, Content, Luen Wah’s rights or property, or the rights or property of visitors to or users of the Luen Wah Website, including Luen Wah’s customers. Luen Wah reserves the right at all times to disclose any information that Luen Wah deems necessary to comply with any applicable law, regulation, legal process or governmental request. Luen Wah also may disclose your information when Luen Wah determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Luen Wah may preserve any transmittal or communication by you with Luen Wah through the Luen Wah Website or any service offered on or through the Luen Wah Website or by other means of communication, and may also disclose such data if required to do so by law or Luen Wah determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Luen Wah, its directors, officers, employees, contractors, agents, affiliates and assigns, users of or visitors to the Luen Wah Website, and the public.
You agree that Luen Wah may, in its sole discretion and without prior notice, terminate and/or block your access to the Luen Wah Website or a Luen Wah Account or terminate or block access to any related websites, products or services, if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Luen Wah Website, a Luen WAh Account, or other website or service associated with Luen Wah. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Luen wah, for which monetary damages would be inadequate, and you consent to Luen Wah obtaining any injunctive or equitable relief that Luen Wah deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Luen Wah may have at law or in equity.
You agree that Luen Wah may, in its sole discretion and without prior notice, terminate your access to the Luen Wah Website or a Luen Wah Account, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Luen Wah Website or any service offered on or through the Luen Wah Website, or (3) unexpected technical issues or problems.
If Luen Wah does take any legal action against you as a result of your violation of these Terms of Use, Luen Wah will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Luen Wah. You agree that Luen Wah will not be liable to you or to any third party for termination of your access to the Luen Wah Website as a result of any violation of these Terms of Use.
Governing Law & Jurisdiction; Dispute Resolution
The Luen Wah Website Conditions and all matters relating to your access to, or use of, the Luen Wah Website and the Services, including all disputes, shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Chapter 88), without giving effect to any principles of conflicts of law.
You hereby agree to submit to the non-exclusive jurisdiction of the Singapore Courts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You may not seek recovery for damages related to the use of the Luen Wah Website. In any action to enforce or pertaining to these Terms of Use or the Luen Wah website, the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Luen Wah and you arising out of or in connection with your use of the Luen Wah Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then the parties agree to submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue their claim under applicable law.
Miscellaneous
You may not use, distribute, transmit, or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Luen Wah Website, in violation of any applicable laws or regulations, including without limitation Singapore export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Luen Wah with regard to your use of the Luen Wah Website, and any and all other written or oral agreements or understandings previously existing between you and Luen Wah with respect to such use are hereby superseded and cancelled. Luen Wah will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Luen Wah’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Luen Wah of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Luen Wah and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Luen Wah may provide access to international data and, therefore, may contain references or cross references to Luen Wah products, programs and services that are not announced in your country. Such reference does not imply that Luen Wah intends to announce or provide such products, programs or services in your country.
Feedback and Communications
Any feedback you provide at this Luen Wah Website shall be deemed to be non-confidential. Luen Wah shall be free to use such information on an unrestricted basis. By transmitting such feedback or information, you grant to Luen Wah the perpetual, royalty-free right and license to use such feedback or information without further obligation to you.
When you visit the Luen Wah Website or send emails or messages to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Luen Wah Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing. Further, by providing information to us, or by submitting a service request, you are requesting and expressly consent to being contacted by us via phone, fax, email, mail, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, so that we may provide you with the services requested, to service your Account, to address matters pertaining to your Account, or for other purposes related to our business, including marketing.