TERMS & CONDITIONS

1. INTRODUCTION

1.1 ASHLEY & MARTIN (SINGAPORE) PTE. LTD. (company registration number 201117825R), a company incorporated in Singapore and having its registered address at 190 Clemenceau Avenue, #04-16, Singapore Shopping Centre, Singapore 239924, and its respective affiliates (hereinafter, collectively, referred to as “Wah!”, “we”, “our” or “us”) own and operate the website located at www.wah.com.sg (the “Website”)

The Website is intended to facilitate the provision of certain telemedicine services related to men’s health, including but not limited to:

(a) providing information on healthcare and wellness;
(b) providing certain individuals with pharmacy services, as well as products and medication; and
(c) telecommunications support as a means of direct access to healthcare providers and/or practitioners whether affiliated to us or not, including but not limited to medical professionals associated with A&M Medical Centre (the “Healthcare Providers”) for communication, consultations, assessments, and treatment,

(together with the use of the Website, the “Services”).

1.2 Please read these Terms and Conditions carefully. By accessing and utilising the Services, you agree to be bound by these Terms and Conditions and our privacy policy (available at wah.com.sg/privacy) (the “Privacy Policy”), as well as all applicable laws and regulations.

1.3 In these Terms and Conditions, the terms “you” and “yours” refer to the person using the Services. If you do not accept any of these Terms and Conditions and/or the Privacy Policy, please discontinue your access to the Services immediately.

1.4 The Website and Services are continually under development, and we reserve the right to review, remove or amend these Terms and Conditions or the Privacy Policy in our sole discretion from time to time and without prior notice to you. Any update to these Terms and Conditions or the Privacy Policy shall be effective immediately upon the posting of such update on the Website. Your continued access of the Website constitutes your unconditional acceptance of the Terms and Conditions and the Privacy Policy effective at the time of such access.

2. ELIGIBILITY AND USE OF WEBSITE

2.1 The use of the Services is restricted to persons who are 18 years of age or above, who are located in Singapore and who have agreed to comply with and be bound by these Terms and Conditions. By your continued use of the Website, you represent and warrant you are 18 years of age or above and are located in Singapore. You understand and agree that satisfying the aforementioned requirements does not guarantee your access to or use of the Services, and that we reserve the right to change or include new requirements for use of the Services as we deem appropriate in our sole discretion from time to time.

2.2 You shall not act in any way, or use or introduce anything (including but not limited to any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or otherwise attempt to damage or interfere with the Website.

2.3 You shall access the Website using only standard web browsers and not by any other methods, such as scraping, deep-linking, harvesting, data mining, using a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

3. USE OF TELEMEDICINE SERVICES

3.1. By using the Services, you acknowledge that:

(a) you understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to you, including, but not limited to, such risks and limitations as expressly set out in paragraph 3.2 of these Terms and Conditions below;
(b) you understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in your medical care and treatment may include uses of technology not specifically described in these Terms and Conditions;
(c) you understand that while the use of telemedicine may provide potential benefits to you, as with any medical care service, no such benefits or specific results can be guaranteed and that your condition may not be cured or improved, and in some cases, may get worse;
(d) you understand that each Healthcare Provider may determine in his or her sole discretion that your condition is not suitable for treatment using telemedicine, and that you may need to seek medical care and treatment in-person or from an alternative source
(e) you understand that any medication and/or treatment prescribed by our Healthcare Providers is for your personal use and consumption only, and shall not be sold or given to any other person;
(f) you agree to take any medication and/or treatment in accordance with the instructions of our Healthcare Providers
(g) you will immediately inform us or our Healthcare Providers if you experience any side effects, allergic reactions or such other symptoms after taking any medication and/or treatment;
(h) you understand that all information (including any personal information or information in relation to your health condition(s) and/or wellbeing) submitted or conveyed by you to us via the Website or to our Healthcare Providers (whether in-person or through telemedicine) is true, accurate and complete in all respects and that you own and are authorised to furnish such information to us;
(i) you consent to the electronic transmission of your medical records, photo images, personal health information or other data among yourself, us and our Healthcare Providers;
(j) you consent to receiving calls (including voice and video calls), auto-dialled and/or pre-recorded messages or calls or any other form of communications (e.g. mobile text messages, electronic mail or otherwise), from us at any time with the use of the mobile number or electronic mailing address you provide to us for the use of the Services, subject to the Privacy Policy;
(k) the same confidentiality and privacy protections that apply to other healthcare services in Singapore also apply to the Services;
(l) you may withhold or withdraw your consent to these Terms and Conditions at any time by emailing us at help@wah.com.sg with such instruction and immediately ceasing access to the Services; and
(m) you authorise our Healthcare Providers to release information regarding your telemedicine examination or consultation to us.

3.2 Our Healthcare Providers consulting with you through the Services may not have the benefit of information that may only be obtained through an in-person examination or consultation and by observing your overall physical condition, in each instance. Therefore, you understand and acknowledge that our Healthcare Providers may not be aware of certain facts or information that may affect his or her opinion in relation to any diagnosis, assessment or treatment recommendation. In this connection, you further understand and acknowledge that:

(a) any diagnosis you may receive is limited and, in some cases, provisional;
(b) any diagnosis, assessment or treatment recommendation may be based on the information provided by you to us or our Healthcare Providers via the Website and we have assumed that all such information provided is true, accurate and complete;
(c) the healthcare services provided by our Healthcare Providers in connection with the Services are not intended, in all cases, to replace a full medical evaluation or an in-person examination or assessment with a healthcare provider;
(d) our Healthcare Providers acting through the Services may not have important information that is usually obtained through an in-person physical examination; and
(e) the absence of an in-person physical examination may affect our Healthcare Providers’ ability to diagnose any potential condition, disease or injury,

and that you agree to assume all such risks and limitations with respect to the use of the Services.

3.3 To reduce the risks and limitations that may be applicable, we strongly encourage you to provide all relevant information and discuss any and all diagnosis and treatment options with your healthcare provider and/or to seek appropriate in-person examination or assessment by your healthcare provider.

4. PAYMENT

4.1 The use of the Website is free. However, you understand and acknowledge that you will be required to make payment to us if you use the Website for certain chargeable Services such as the following:

(a) if you attend an online consultation session with a Healthcare Provider, a consultation fee of S$20.00 (or any other amount as stated in the payment page at the time of usage) will apply; and
(b) if you agree to purchase any medication or treatment plan that may be prescribed by our Healthcare Providers, medication and/or treatment fees, and any applicable delivery costs in the amounts as stated on the payment page, will apply.

4.2 All prices or fees listed on the Website shall be inclusive of prevailing goods and services tax and shall be denominated in Singapore dollars. You understand and accept that notwithstanding the prices or fees stated on the Website or provided herein, such prices or fees are subject to change or revision from time to time at our sole discretion.

4.3 All payments for Services may be made via Mastercard, Visa, Amex, Maestro and UnionPay credit card or debit card (such credit cards and debit cards collectively, “Cards” and each, a “Card”) or such other payment method as may be informed by us to you from time to time, and we may require you to provide to us information as may be required for your preferred payment method, including but not limited to Card or account information.

4.4 You agree and acknowledge that:

(a) we may verify and authorise the details of your Card when you provide the details of such Card to us as well as when you pay for the Services;
(b) we may issue a reasonable authorisation hold on a Card, which is not an actual charge against such Card, for verification purposes and as a preventive measure against any unauthorised or fraudulent usage of such Card. The hold may appear in your Card statement as “pending”;
(c) you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place;
(d) you shall be responsible to resolve any disputes with the institution issuing your Card on your own; and
(e) in the event that a payment is made from a Card that is issued outside of Singapore, you will be liable for any additional charges in relation thereto.

4.5 If a Card used to make payment does not belong to you, you hereby represent and warrant that you have obtained the relevant Card owner’s permission to use the Card for such payment.

4.6 We reserve the right to suspend the processing of any transaction or disable or limit the use of a Card where: (a) any error in transaction results in decline or chargeback from the relevant financial institution; (b) we reasonably believe that a Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity; or (c) you otherwise may be in breach of these Terms and Conditions.

4.7 For the avoidance of doubt, notwithstanding certain payment method(s) being available on the Website, we shall not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

4.8 Any medication or product (as part of a treatment plan, or otherwise prescribed by our Healthcare Providers) purchased via our Website (a “Product”) will be delivered to you, at the delivery address which you specify at the payment page, by a third party delivery service provider (the “Courier”). A tracking number for the delivery of the Product(s) purchased will be provided by the Courier or us.

4.9 As part of our service recovery policy, any Product that:

(a) upon delivery, does not match the description or quantity of the relevant Product ordered;
(b) upon delivery, is discovered to be damaged or expired; or
(c) is not delivered within 1 week from the confirmation of your purchase of the Product (or such later delivery date as may be specified by the Courier), provided that in the event of paragraph (a) and/or (b) above, you advise us of such error or damage within 48 hours from the Courier’s confirmation of delivery of the affected Product to you and you return the affected Product to us (at your own cost), we will, at our sole discretion:
(i) process a replacement of that Product and arrange for the correct Product to be delivered to you; or
(ii) refund you the price at which you paid for that Product and cancel your purchase of that Product,

and take any further service recovery steps as we may deem fit.

5. THIRD PARTY LINKS

5.1 The Website may contain links to other websites and online resources which are not maintained or operated by us. The access and use of such third-party websites and resources is at your own risk. We are not responsible for and do not endorse the availability or contents of such third-party websites or resources and shall not be liable for any damages or loss (including any computer viruses, Trojan horses, worms or similar items or processes) arising from the availability of contents of those third-party websites or resources.

5.2 Your dealings with, or participation in promotions and other third parties found on or through the Website, including payment and delivery or related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and any such third party. We shall not be responsible or liable for any loss or damage of any sort suffered or incurred as the result of any such dealings or as the result of the presence of such third party on the Website.

6. INTELLECTUAL PROPERTY

6.1 The names, images and logos (the “Marks”) identifying us or our Services are subject to our copyright, design rights and trademarks, and all rights to the Marks are expressly reserved by us. You shall have no right or licence to download, reproduce or use any such Marks or the name of Wah! whether for use as a link to any website or otherwise, except with our prior approval.

6.2 The copyright in the content of all the pages on the Website is owned exclusively by us (except where otherwise stated). Reproduction of part or all of such contents in any form is prohibited.

6.3 You shall use the Services solely for your own personal, non-commercial use. All rights not expressly granted to you in relation to the Services are reserved by us.

7. ACKNOWLEDGEMENTS AND DISCLAIMERS

7.1 Notwithstanding anything contained herein in this Terms and Conditions, you acknowledge and agree that:

(a) nothing in these Terms and Conditions shall be construed to create a partnership, joint venture, agency or employment relationship between you and us;
(b) any information, data or other content that you store on or provide to us may be subject to inadvertent damage, temporary unavailability, corruption or loss; and
(c) any issues relating to your medication and/or treatment plan shall be resolved directly with us and/or our Healthcare Providers on a confidential basis.

7.2 While we will take reasonable measures in accordance with industry standards to maintain the security of the Website and the accuracy of its information, we make no representation, warranty or undertaking (as the case may be), express or implied, to you that:

(a) the Website will be available at all times or available at all;
(b) any function or feature of the Website will be uninterrupted and/or error free;
(c) the Website will be free of viruses, malware or other harmful components;
(d) the Website will be compatible with all software and hardware or that it will be secure;
(e) the Website is of satisfactory fitness or quality for any general or specific purpose;
(f) any defects or errors on the Website will be corrected immediately and promptly; or
(g) the information on the Website is complete, reliable or accurate.

7.3 All photographs and images on the Website are for illustrative purposes only.

8. LIMITATION OF LIABILITY

8.1 To the maximum extent permitted by law, we expressly exclude all conditions, warranties and other terms that might otherwise be implied by law into these terms and conditions

8.2 Without prejudice to any other limitation of liability provided herein, we and all of our subsidiaries, affiliated companies, directors, officers, agents, partners and employees shall not be liable to any person, including, but not limited to, any users of the Services, for any direct, indirect, punitive, incidental, special, consequential damages, losses, expenses, liabilities under any causes of action or any damages whatsoever, including, without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether, but not limited to, revenue or anticipated profits) or losses to third parties, arising out of or in any way connected with any use of, inability to access or use, the Website, whether based on contract, tort, strict liability or otherwise, even if we or our agents or employees had been advised of the possibility of such damages or losses.

8.3 We will not be a party to disputes or negotiations of disputes between you or any other third party. Responsibility for the decisions you make regarding the use of the Website and the Services rests solely with and on you. You expressly waive and release us from any and all liability, claims, causes of action, or damages in any way connected to any another third party.

9. INDEMNITY

By using the Services, you agree that you shall defend, indemnify and hold us, our licensors and each such party’s parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

10. THIRD PARTIES

A person not a party to any transaction between you and us has no right under these Terms and Conditions under the Contract (Rights of Third Parties) Act 2001 of Singapore.

11. PERSONAL DATA

11.1 Any personal data submitted to us through the Website or use of the Services or otherwise is dealt with according to the Privacy Policy (including, without limitation, any medical information, prescriptions, photos and location data you share with us). You acknowledge and confirm that you have reviewed the Privacy Policy and agree to its terms.

11.2 If you provide or have provided any information (including personal data) relating to another person, you warrant and represent to us that you have obtained that person’s consent for the collection, use and disclosure of their information as set out in these Terms and Conditions and the Privacy Policy.

12. FORCE MAJEURE

We shall not be in breach of these Terms and Conditions nor liable for delay in performing or failure to perform, any obligations under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control including without limitation acts of God, governmental acts, war, pandemic, fire, floods, explosions or civil commotions.

13. SEVERABILITY

If a term of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect the legality, validity or enforceability in that jurisdiction of any other term of these Terms and Conditions.

14. JURISDICTION AND APPLICABLE LAW

14.1 Any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) shall be governed by and construed in accordance with the laws of Singapore, and must first be submitted for mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being. Either you or us may submit a request to mediate to SMC upon which the other party will be bound to participate in the mediation within thirty (30) days thereof. Unless otherwise agreed between you and us, the mediator(s) will be appointed by SMC. The mediation will take place in Singapore in the English language and the we each agree to be bound by any settlement agreement reached.

14.2 However, if a Dispute cannot be resolved through mediation, the Singapore courts will have exclusive jurisdiction over such Dispute.