Terms of Use

1. Introduction

1.1. Thank you for visiting the Dementia Singapore CARA mobile application and our website (at www.cara.sg) (the CARA mobile application and our website shall be collectively referred to as “the platform”). These Terms of Use form a contract between you and Dementia Singapore (referred to in these Terms of Use as “Dementia Singapore”, “us”, “we” or “our”), the provider of the platform.

 

1.2. Your privacy is important to us. Please refer to the CARA Privacy Policy for how we deal with your personal data.

2. General

2.1. These Terms of Use should be read together with the CARA Privacy Policy and the CARA membership Terms and Conditions (all of which can be accessed at www.cara.sg and on the CARA mobile application). By registering for CARA membership and using the CARA mobile application, you hereby agree to these Terms of Use. If you do not agree with these Terms of Use, please do not register for CARA membership or use the CARA mobile application.

 

2.2. We reserve the right to modify or change these Terms of Use at any time. The updated version of these Terms of Use shall take effect immediately and shall supersede all earlier versions. You hereby agree to the prevailing terms of the updated version of these Terms of Use. We encourage you to periodically reread these Terms of Use to see if there have been any changes that may affect you. Any changes to these Terms of Use shall be made available on the CARA mobile application and shall be published on this page. In addition, we may inform you of any changes via the CARA mobile application, email, SMS, or any other ways to reach you.

3. Changes To the CARA mobile application

3.1. You acknowledge and agree that Dementia Singapore may discontinue and/or suspend (permanently or temporarily) the CARA mobile application (or any features within the CARA mobile application) at Dementia Singapore’s sole discretion, without prior notice and without liability to you. You may stop using any or all parts or functions of the CARA mobile application at any time. You do not need to specifically inform Dementia Singapore when you stop using any or all parts or functions of the CARA mobile application.

 

3.2. Dementia Singapore may from time to time provide enhancements or improvements to the features and/or functionality of the CARA mobile application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Dementia Singapore has no obligation to provide any Updates.

 

3.3. You further agree that all Updates shall be (a) deemed to constitute an integral part of the platform, and (b) subject to these Terms of Use.

4. Restrictions

4.1. You agree not to, and you shall not permit others to:

(a) License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the CARA mobile application or make the CARA mobile application available to any third party;

 

(b) Modify, make derivative works of, disassemble, decrypt, reverse compile, copy, reproduce, distribute, or reverse engineer any part of the platform; and

 

(c) Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the platform, Dementia Singapore or any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors.

Unless expressly provided in these Terms of Use or permitted by Dementia Singapore in writing.

5. License

5.1. You are granted a revocable, non-exclusive, non-transferable, limited license to download, install and use the CARA mobile application strictly in accordance with these Terms of Use.

6. Intellectual Property

6.1. The platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dementia Singapore or other providers of such material and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

7. Links to Other Websites and Third-Party Services

7.1. The platform may contain third-party content (including data, information, applications, other product services) and links to other websites not operated or controlled by Dementia Singapore. Third-party content and links to other websites are provided solely as a convenience to you. We are not responsible for and do not have any supervision or control over the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality hyperlinks, opinions, privacy policies, or any other aspect expressed in such third-party content or websites, and such third-party content and websites are not investigated, monitored or checked for the same by us. In addition, we are not responsible for any inappropriate, offensive, obscene, infringing, unlawful, or otherwise objectional content you may encounter when visiting a third-party website.

 

7.2. Please remember that when you use a link to go from the platform to another website, these Terms of Use are no longer in effect. Your browsing and interaction on any other website, including those that have a link on the platform, is subject to that website’s own rules and policies. Such third-party websites may use their own cookies or other methods to collect information about you. Your access and use of any other website is entirely at your own risk.

8. Copyright Infringement Claim

8.1. You may notify Dementia Singapore in writing if you believe that your work has been used or copied in a way that constitutes copyright, trademark, or other intellectual property infringement (“Infringement”) and such Infringement is occurring on the platform.

 

8.2. Dementia Singapore shall duly consider all cases of Infringement. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Dementia Singapore in respect of any content displayed on the platform which constitutes Infringement (“Infringing Material”) unless you have first informed Dementia Singapore in writing of any Infringement and sufficient opportunity to remove the Infringing Material, and thereafter Dementia Singapore refuses or fails to remove the Infringing Material within a reasonable time. Where Dementia Singapore removes the Infringing Material, you agree not to exercise and you hereby waive, any right of action against Dementia Singapore which you may have in respect of any Infringing Material appearing on the platform prior to such removal by Dementia Singapore.

9. Termination

9.1. Please refer to the CARA membership Terms and Conditions for information about CARA membership termination.

10. Indemnification

10.1. You agree to indemnify and hold Dementia Singapore and any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyers’ fees, due to or arising out of your: (a) use of the platform and listed services; (b) violation of this Terms of Use or any law or regulation; or (c) violation of any right of a third party.

11. Disclaimer

11.1. In no event shall Dementia Singapore be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the platform or the contents of the platform. Dementia Singapore reserves the right to make additions, deletions, or modifications to the contents on the platform at any time without prior notice.

 

11.2. Without limiting the foregoing, Dementia Singapore specifically disclaims all warranties and representations in any content transmitted on or in connection with the platform or on sites that may appear as links on the CARA mobile application, or in any services provided as a part of, or otherwise in connection with, the platform, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. The CARA mobile application is provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. No oral advice or written information given by Dementia Singapore and any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors, or the like shall create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Dementia Singapore does not warrant that your use of the CARA mobile application be uninterrupted, uncorrupted, timely, or error-free. Dementia Singapore does not make any representation or warranty of any kind, express or implied: (i) as to the availability of the CARA mobile application; (ii) as to the accuracy, reliability, or currency of any information or content on the platform; or (iii) that the platform, its servers, the content, or emails sent from or on behalf of Dementia Singapore are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

12. Limitation of Liability

12.1. To the fullest extent permitted by applicable laws, Dementia Singapore, excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of opportunity; loss of privacy; business, revenue; income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if Dementia Singapore has been advised of the possibility of such damages or losses, arising out of or in connection with the use of the platform or any other website or apps with which they are linked, or any products or services available on the platform, or these Terms of Use. You shall take total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Dementia Singapore does not guarantee or warrant that files accessed on, and/or available for downloading from the platform are or shall be free of computer viruses, worms, Trojan horses or other contaminating or destructive properties. You shall access and download information from the platform at your own risk.

13. Severability

13.1. If any provision of these Terms of Use is held to be unenforceable or invalid, such provision shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

 

13.2. These Terms of Use, together with the CARA Privacy Policy, CARA membership Terms and Conditions and any other legal notices published by Dementia Singapore on the platform or in relation to the platform, shall constitute the entire agreement between you and Dementia Singapore concerning your use of the platform.

14. Waiver

14.1. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. Any waiver of any term of these Terms of Use shall be effective only if in writing and signed by an authorized representative of Dementia Singapore. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

 

14.2. No failure to exercise, and no delay in exercising, on the part of either you or Dementia Singapore, any right or any power under these Terms of Use shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under these Terms of Use preclude further exercise of that or any other right granted herein.

15. Dispute Resolution

15.1. You and Dementia Singapore (“the Parties”) shall endeavour to resolve any issue arising as to the interpretation of any provision of these Terms of Use or any dispute or difference in respect of any obligation between the Parties arising out of or relating to these Terms of Use, by mutual negotiations in good faith and thereafter abide by the agreed course of action.

 

15.2. In the event that the Parties fail to resolve the dispute by mutual negotiations in good faith within thirty (30) days of it arising, you or Dementia Singapore may give notice in writing to the other Party of its intention to require resolution of such dispute through mediation at the Singapore Mediation Centre (“SMC”) in accordance with SMC’s Mediation Procedure in force for the time being, and the Party giving notice may submit a request to mediate to SMC upon which the other Party shall be bound to participate in the mediation within [forty-five (45)] days thereof. Every party to the mediation must be represented by [senior executive personnel, of at least the seniority of a Head of Department] or its equivalent, with authority to negotiate and settle the dispute. Unless otherwise agreed by the Parties, the Mediator(s) shall be appointed by SMC. The mediation shall take place in Singapore in the English language and the Parties agree to be bound by any settlement agreement reached. In the event that the Parties fail to resolve the dispute, either Party shall submit the dispute for final resolution to the courts of Singapore, which courts shall thereafter have exclusive jurisdiction.

16. Submissions and Privacy

16.1. In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions shall automatically be treated as non-confidential and non-proprietary and shall become the sole property of Dementia Singapore without any compensation or credit to you whatsoever. Dementia Singapore and any of its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

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