Ferne Health Inc. Term of Use
Last modified on 26 May 2020
THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENCY SCREENING OF MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 995 IMMEDIATELY.
MODIFICATION OF THE TERMS
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.
DESCRIPTION OF FERNE HEALTH
You understand and agree that the Platform is intended to facilitate the following services (the “Services”):
Delivery of a regulator approved self-sampling tool, proper usage instructions and collection after self-sampling.
The development and gathering of health care records and information with retention of the same for use in medical provider encounters and communications.
Administrative support in connection with coordinating optional fulfilment and payment for diagnostic testing ordered or prescribed by medical providers performing Health Care Services.
Telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
For the avoidance of doubt, we do not have access to your laboratory results and the following clinical follow up data. All medical providers who deliver Health Care Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Ferne Health, and (ii) solely responsible for such Health Care Services provided to you. Ferne Health does not provide any Health Care Services through the Platform and is not licensed to practice medicine. Ferne Health does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that Ferne Health is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.
Ferne Health uses regulator cleared sterile self-sampling tools validated by competent scientific authority and medical providers as a viable tool that allows adequate cell material to be obtained for screening of cervical HPV DNA through standard laboratory protocols.
However, self-sampling quality and quantity could be affected by improper usage, user errors and other exceptional circumstances, which the company or the partner clinic cannot be held liable for. Clinically obtained samples still are considered gold standard, advised for high-risk and first time HPV screeners. Self-sampling kit is a replacement for low-risk regular screening only, and cannot be used for diagnostic purposes. Follow up confirmatory tests are still to be conducted under the supervision of a medical practitioner.
In order to use the Services through the Platform, the following must be true:
You are at least 18 years of age or older.
You live in a region where the Services are available, as described below.
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, Ferne Health and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Health Care Services may on a case by case basis determine that certain criteria apply to utilizing the Platform for the Health Care Services or that Health Care Services are not appropriate in any individual instance for a particular user.
The Services are only available in the Republic of Singapore (island only).
REGISTRATION, USER ACCOUNTS, AND USER DATA
Most services of the Platform are accessible by any individual who meets the requirement of Section 4. However, you may register an account with Ferne Health to access personalized services.
You grant Ferne Health, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Ferne Health, using such data for the purpose of improving our Services to you.
YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT
As a condition of your use of the Services through the Platform, you agree to the following:
You shall follow the self-sampling instructions diligently as prescribed by Ferne Health.
All Your Information provided through the Platform is accurate, complete and correct, and you will accurately maintain and update any of Your Information that you have provided to Ferne Health;
Your permission to use the Platform is personal (the Platform will be used only by you), and your identification information is accurate and truthful. You agree to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password.
You may be asked to provide additional information to Ferne Health, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Health Care Services. You may elect to withhold requested information; however, if you do so, you may not use the Platform or any other related services.
You understand and agree that provision of Health Care Services through the Platform depends on the completeness and accuracy of Your Information. Ferne Health is unable to verify all of Your Information. Therefore, Ferne Health is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained, or Ferne Health has reasonable grounds to suspect as much, Ferne Health has the right to suspend or terminate your account and your use of the Services.
RESTRICTIONS ON USE
You will not use, or encourage or permit others to use, our Platform except as expressly permitted in these Terms. You will not:
Use the sampling tool for any other purpose other than prescribed by Ferne Health and Manufacturer;
Use or attempt to use the Platform or the Services for any other person than yourself;
Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or related materials in any way;
Use or access the Platform to create or develop competing products or services or for any other purpose that is to Ferne Health’s detriment or commercial disadvantage;
Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network;
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Ferne Health or any of our service providers to protect our Platform;
Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property;
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform;
Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section 14;
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Ferne Health or third-party content from the Platform;
Encourage or enable any other individual to do any of the foregoing.
DISCLAIMER; LIMITED HEALTH CARE SERVICES
The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
Telehealth or telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a medical provider or a nurse and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a medical provider or nurse.
By registering an account with Ferne Health and accessing our affiliated partners’ Health Care Services, you acknowledge and agree to this Telehealth Consent and a record of such acknowledgement will be retained in the medical record of our partnering medical provider and professional entity providing such Health Care Services. Ferne Health shall not hold your medical records, and will not be held liable or responsible for any breach of privacy or security happening at our partner’s end.
When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. Medical consult fees are not subject to or eligible for a refund. We cannot accept returns of screening products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your, please contact us via firstname.lastname@example.org.
You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by the medical providers and affiliated professional entities and any applicable co-insurance or co-pay amounts. Amounts collected by Ferne Health will include fees charged by medical providers for Health Care Services. In the event that your credit card expires or Ferne Health, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Ferne Health and/or the medical provider(s) have no obligation to provide any Services unless and until full payment has been received and/or verified. Please note that professional services delivered as part of the Health Care Services are not likely to be covered by any government health care payors, and, as such, you understand that no such claims will be submitted by Ferne Health or our affiliates for coverage of the professional services.
As between Ferne Health and you, Ferne Health is the sole and exclusive owner of all right, title and interest in and to the Platform and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by Ferne Health or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Ferne Health or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Ferne Health or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that the Platform and the services are provided through the Platform on an “as is” and “as available” basis. Your use of the Platform is at your sole risk. Ferne Health and its affiliates and their respective officers, directors, managers, partners, members, employees, and agents (collectively “related persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the platform and the services, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. we make no warranties or representations that your use of the platform or the services will not infringe the rights of third parties.
To the fullest extent of applicable law, neither Ferne Health nor its related persons will be liable for any loss or damage caused by your reliance on information obtained through the platform. It is your responsibility to evaluate the accuracy, completeness, timeliness, reliability or usefulness of the platform. Furthermore, Ferne Health does not guarantee that the Platform will be uninterrupted, or free from error, defect, loss, delay in operation, corruption, cyber attack, viruses, interference, hacking, malware, or other security intrusion, and Ferne Health disclaims any liability relating thereto.
You understand and agree that any content, material and/or information obtained through the use of the platform are used at your sole risk and that you will be solely responsible for any damage to your computer or mobile phone or loss of data that results from the download of such content, material and/or information.
LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law and except as set forth in this section, neither Ferne Health nor its related persons or licensors will be liable to you or to any party for any claims, liabilities, losses, costs or damages under any legal or equitable theory, contract, strict liability or otherwise, including, but not limited to, any indirect, punitive, special, incidental, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer or mobile phone damage, or system failure, or the cost of substitute products or services, or for any damages arising out of or in connection with any access, use of (or inability to use) the platform or any services provided through the platform.
You agree to indemnify, defend, and hold Ferne Health and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
MODIFICATIONS TO THE PLATFORM
Ferne Health reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that Ferne Health shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.
SUSPENSION AND TERMINATION RIGHTS
The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
Governing Law. The Platform is operated and governed by the laws of the Republic of Singapore without regard to conflicts of law principles.
Jurisdiction Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Singapore.
YOU HEREBY AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE SINGAPORE COURTS.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
If you have any questions or concerns regarding our Terms, please reach out to Ferne Health via email@example.com.