Terms and conditions for use of the solution

Last updated

3 June 2019

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“AGREEMENT”) CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.

Deloitte Consulting Pte Ltd (“Deloitte”) is the entity that is managing, maintaining and operating this platform (this “Solution”) and is referred to in this Agreement as “Operator”, “we”, “us”, or “our”.

This Agreement is a legal agreement that governs the relationship between the Operator and you as users of this Solution, in connection with your access to and use of the Solution’s websites (including www.medgrant.org and any other websites where these terms are posted) (the “Sites”) and our Services (as defined below). This Agreement, together with our privacy policy and cookie policy, constitute a legal agreement between you and the Operator. By accessing or otherwise using (including downloading or uploading content to) the Services and/or the Solution, you are confirming that you have read, understood and agreed to this Agreement and those of the privacy policy and cookie policy.

We may offer additional services or products, or modify or revise any of the Services at our sole discretion, with or without notice, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we will not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.

When we revise the Agreement, we will update the “last revised” date at the top of this page. Unless otherwise indicated, any amendments or modifications will be effective immediately upon posting the revisions to the Sites or Services, and your use of the Services after such posting will constitute acceptance by you of the revised Agreement. Accordingly, you should review from time to time this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not accept all of the terms and conditions of this Agreement, you must stop using the Services and cease to use the Solution.

BACKGROUND

(A)The Operator is the party managing, maintaining and operating the Solution to enable:

  1. Event Organisers (as defined) to submit (whether online through the Solution accessed via the internet, or otherwise) indications of interest for HCPs (as defined) to receive educational grants arranged through the Solution to attend a Vetted Educational Event (as defined);
  2. HCPs to apply, online via the Solution, for educational grants to attend a Vetted Educational Event;
  3. Sponsors (as defined) to make, online via the Solution, pledges for educational grants for HCPs to attend the Vetted Educational Events, based on certain conditions and criteria stipulated by the Sponsor; and
  4. HCP grant recipients to be connected with Approved Travels Agent (as defined) to make necessary logistical arrangements for attendance at the Vetted Educational Event.

(B)The objectives of the Solution are to match available educational grants from a Sponsor to a HCP wishing to attend a Vetted Educational Event based on the following criteria:

  1. no Sponsor shall participate in the selection of the HCP grant recipients; and
  2. no Sponsor shall be given information identifying the HCP grant recipients before the matching of educational grants by the Operator is completed.

1. INTERPRETATION

In this Agreement:

Approved Travel Agent means a travel agent appointed by the Operator for the purposes of enabling a HCP who has received educational grants from a Sponsor to attend a Vetted Educational Event using the Solution to arrange for transportation to and from, and accommodation at, such event.

Educational Event means a conference or meeting that is of a medical, scientific, and/or educational nature, intended to promote scientific knowledge, medical advancement, and/or the delivery of effective health care.

Event Organiser means a professional association or bona fide medical or other professional education provider which organises an Educational Event.

HCPs means a person associated with either a medical or healthcare specialty or discipline and who is qualified and registered with one or more national regulatory bodies (such as but not limited to Singapore Medical Council, to provide a healthcare service to patients).

Services mean the provision of this Solution by the Operator to enable:

  1. HCPs to apply for educational grants to attend a Vetted Educational Event;
  2. Sponsors to submit pledges of grants for Vetted Educational Events; and
  3. Event Organisers to submit their Educational Events to be considered by the Operator to authorise its publicity through this Solution.

and such other services incidental to aforementioned as may be provided from time to time through the Solution.

Sponsor means a Life Sciences organisation which has entered into a Sponsor Participation Agreement with the Operator whereby the Sponsor agrees to provide educational grants to such HCPs as may be determined by the Operator to attend Vetted Educational Events.

Vetted Educational Event means an Educational Event organised by an Event Organiser and accepted by the Operator for educational grants via the Solution.

2. ACCOUNTS

2.1If you are a HCP or a Sponsor, you are required to set up an account with the Solution (“Account”) and be a registered user (“Registered User”) before you may use the Site:

  1. in the case of a HCP, to apply for educational grants in the form of grants to attend a Vetted Educational Event supported by this Solution; and
  2. in the case of a Sponsor, to offer to provide educational grants for HCPs to attend Vetted Educational Events.

2.2In order to register, you will be required to provide an email address and password, and will be required to provide other registration information, including, but not limited to:

  1. in the case of HCP, personal information such as your name, contact information (including email address), type of HCP, country of practice (if outside Singapore); and
  2. in the case of Sponsor, your organisation will need to have an executed agreement with the Operator and you must have been designated as a Sponsor’s representative, before providing your organisation’s name and your contact information (including email address),

(collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you are required to update it in your Account.

2.3Only one Account may be created by each HCP and each Sponsor for use of the relevant Services. If the Operator believes that the Registration Information you provided is not correct, current, or complete, or that you have created more than one Account, the Operator reserves the right to refuse you access to the Services, and to terminate or suspend your Account at any time, at the Operator’s absolute discretion. However, the Operator has no obligation to verify the accuracy, currency or completeness of any Registration Information that you have provided.

2.4You understand that you are responsible for maintaining the confidentiality of the username and password of your Account, and you are fully responsible for all activities that occur under your Account. You agree:

  1. to immediately notify the Operator if you suspect any unauthorised use of your Account (including username or password) or any other breach of security;
  2. to ensure that you exit from your Account at the end of each session;
  3. not to use the account, profile, username or password of any other Registered User; and
  4. to use particular caution when accessing your Account from a public or shared computer so that other parties are not able to view or record your password or other personal information.

2.5You acknowledge that the Operator shall not be responsible for any damage or loss arising from or in connection with the loss, theft, misuse or misappropriation of your username or password. The Operator recommends that you use a strong password for your Account, never use the same password on multiple sites or services and change your password as frequently as possible.

2.6Registration Information. You acknowledge and consent that we may collect Registration Information and anonymous data such as your access history, software history within the Solution, search history, IP address, dates, reference/exit pages and any other information about your use of the Solution (“User History Information”), and that your Registration Information and User History Information may be disclosed to our data intermediaries, service providers and professional advisors, who will process your personal data in accordance with our privacy policy.

2.7Analytics Purposes. You acknowledge and consent that we may use third-party analytical services to analyse User History Information as well as Registration Information for the purpose of improving the Solution or others. Information recorded using such analytical services will not contain personally identifiable information.

2.8Audit Purposes. You acknowledge and consent that the Operator reserves the right to carry out audits to assess your use of the Solution and the Services (a “Solution Services Audit”). The purpose of a Solution Services Audit is to ensure that your usage is within the specified parameters set out in the relevant order form and otherwise in compliance with the terms of this Agreement. To facilitate a Solution Services Audit, you agree to provide (or procure the provision of) any information requested by, or submit relevant declarations regarding your use of the Solution and the data to the Operator or the Solution.

2.9You acknowledge and consent that the Operator may contact you directly (either through the Solution or via any contact information provided to us through the Solution) for the purposes relating to your Account and use of the Service on the Solution, including but not limited to:

  1. in relation to a HCP, any questions relating to your registration of an Account, updating you of new Vetted Educational Events for which grants are accessible through the Solution; and when the Solution would be available in your country; and
  2. in relation to a Sponsor, any questions relating to your registration of an Account, updating you of any Vetted Educational Event available for grant pledging, any update on the status of grant application process specific to a Vetted Educational Event and key milestones (for example, when grant pledging may commence, approval of pledge intent, confirmation of pledge, HCP’s acceptance of grant or when the waitlist is exhausted, whichever earlier).

3. ELIGIBILITY

By accessing or using the Site, you represent and warrant to the Operator that:

  1. in the case of a HCP, you are a health care provider who is qualified and registered with one or more national regulatory bodies to provide healthcare services to patients;
  2. in the case of a Sponsor, you are the Sponsor’s designated representative who has been authorised by the Sponsor to apply for an Account and be a Registered User to use the Solution and the Services (including the authority to act on behalf of the Sponsor to browse the Sites to consider and review suitable Vetted Educational Events and/or to submit a pledge for grant for Vetted Educational Events), pursuant to the Solution Participation Agreement entered into between the Operator and the Sponsor. Any reference to “you” in this Agreement, where the context requires, shall refer to the designated representative of the Sponsor;
  3. in the case of an Event Organiser, you are a professional association, or bona fide medical or other professional education provider which organizes Educational Events;
  4. you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; or
  5. you have not previously been suspended or removed from, or prohibited by any court order from using, the Services.

4. USE OF THE SERVICE

In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to access and use the Services and/or Solution, subject to the following terms:

4.1Exclusive Use. You will only use the Services for your sole, personal use and not in connection with any commercial endeavours not permitted by the Operator. Except in the case of a Sponsor who will authorise its designated representative to use the Solution, you will not authorise any other person to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.

4.2No Commercial Solicitation or Advertising. You will not use any information obtained from the Services in order to solicit or sell to, advertise to, contact any other user without their prior explicit consent. Additionally, you will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services (save for the case of Vetted Educational Events by Event Organisers, to the extent permitted by the Operator under this Agreement) and you will not transmit any chain letters, junk or spam email to other users.

4.3User Conduct. You agree not to do any of the following in connection with the Services or the users thereof:

  1. use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others, including engaging in any harassing, obscene, intimidating or threatening conduct;
  2. use the Services in any manner that could damage, disrupt, disable, overburden, impair or adversely affect the performance of the Services or interfere with or attempt to interfere with any other user’s use of the Services;
  3. impersonate any person or entity, or misrepresent your identity, professional experience, education, or affiliation, connection or association with, any person or entity;
  4. defraud, swindle or deceive the Operator or other users of the Services;
  5. disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
  6. use any scripts, bots or other automated technology to scrape or access the Services, or use the Service for any phishing, trolling or similar activities;
  7. introduce onto, or transmit via, the Services and/or Solutions any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock; or
  8. attempt to access any Services or area of the Sites that you are not authorised to access.

4.4Violations. You understand and agree that if the Operator believes in its sole discretion that you have breached any of the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, or illegal, the Operator may, among other things, investigate, take legal action against you and/or terminate your Account or prohibit you from using the Services.

5. TERMS SPECIFIC TO HCP - GRANT

5.1You acknowledge and accept that your application for grant may not necessarily be approved by the Operator, and the outcome of your application would depend on many factors, including your compliance with terms and conditions in this Agreement, your eligibility, your track-record as a user of this Solution, your attendance history as a previously sponsored HCP to Vetted Educational Events, or the availability of Sponsor(s) for the Vetted Educational Event for which you have chosen and/or such other factors as may be taken into account by the Operator at its absolute discretion. The Operator is not required to furnish any reason for rejecting or not accepting your application for grant under this Solution. In other words, there is no guarantee or warranty by the Operator that your application will be successful.

5.2You acknowledge that the specified components of the education grant approved (“Approved Grant”) as set out in the offer letter issued by the Operator (“Letter of Offer”) shall be final.

5.3Timeframe. You are required to respond (whether or not to accept the Approved Grant) within the timeframe stated in the Letter of Offer in accordance with the instructions therein, failing which you will be deemed to have rejected the Approved Grant and the Operator is entitled to forfeit and withdraw the Letter of Offer.

5.4You acknowledge and consent that the Operator may contact you directly (either through the Solution or any contact information you have provided to us) to communicate updates on the status of your grant application process and to follow-up on questions regarding your grant application, if required.

5.5Information Conveyed to Approved Travel Agency. You acknowledge and consent that upon accepting the Approved Grant, the Operator will pass to the Approved Travel Agency any information required to manage your grant package, your registration and travel logistics. You acknowledge that additional information required by the Approved Travel Agency to make reservations will not be stored by the Solution.

5.6Cancellation of Grant. Your application for the Approved Grant, whether or not approved by the Operator or accepted by you, may be terminated at any time, under the following circumstances:

  1. information provided by you during the user registration or grant application process is inaccurate, fraudulent or contains misrepresentation; or
  2. information relating to your user registration or employment status is no longer valid; or
  3. you have not coordinated with the Approved Travel Agency provided within the timing indicated in the Letter of Offer.

5.7Grant Acceptance. If you accept the Approved Grant, you shall:

  1. attend the Vetted Educational Event; and
  2. comply with all the terms and conditions of the Approved Grant as set out in the Letter of Offer.

5.8In the event you accept grants from more than one organisation for the same component without notifying within the timeframe stated in the Letter of Offer, the Approved Grant awarded to you may be cancelled. As such, cancellation by the Operator for the above reason will adversely affect your eligibility for future grants applied through the Solution, at the absolute discretion of the Operator.

5.9Travel Arrangements. You must complete your travel arrangements within the timeframe as stated in the Letter of Offer. If they are not completed within the stated timeframe:

  1. the Operator reserves the right to withdraw the Approved Grant, whether or not the Grant has been accepted by you; or
  2. any incremental expenses associated with event registration, issuing airline tickets, or confirming hotel accommodations, provided for in the Approved Grant and the Letter of Offer shall be borne by you personally and fully.

5.10Feedback. You acknowledge and consent that the acceptance of an Approved Grant would require you to complete an Event Feedback Form within 14 calendar days (or such other extended period as may be permitted by the Operator) of the completion of the Vetted Educational Event, failing which your eligibility for future grants through this Solution shall be adversely affected.

5.11You acknowledge and consent that the acceptance of an Approved Grant would require you to submit a certificate of attendance within 14 calendar days (or such other extended period as may be permitted by the Operator) of the completion of the Vetted Educational Event.  However, this requirement is not applicable if the Vetted Educational Event does not issue such certificate(s) to its participants

5.12Non-Attendance / No-Show. If you have accepted the Approved Grant, and in the event you are unable to attend the Vetted Educational Event for any reasons whatsoever, you are responsible for notifying the Operator of your inability to attend the Vetted Educational Event as soon as possible, prior to the commencement of the Vetted Educational Event. In the event that you do not notify the Operator of your inability to attend the Vetted Educational Event, you will be deemed as “No Show”, in which case, you will be subjected to the cancellation policies of the Operator, the Sponsors, the Event Organisers and/or the Approved Travel Agents, and you shall be liable to indemnify the Operator, the Sponsor, the Event Organiser and the Approved Travel Agents of all losses arising from your No Show, including costs and expenses associated with event registration, airline ticket, or hotel accommodations, as set out in the Letter of Offer.

Once you have been deemed as “No Show”, you will no longer be eligible for any educational grants for a 2 year period starting from the date you were deemed as a “No Show” for such Vetted Educational Event.

6. TERMS SPECIFIC TO EVENT ORGANISERS

6.1By submitting the Educational Events to the Solution for the Operator’s consideration, you warrant to ensure the supply and performance of the Educational Event on the scheduled date and venue, and make available to HCPs who have been awarded Approved Grants to attend the Vetted Educational Event.

6.2You represent and warrant that:

  1. the description and information on the Education Event is accurate and not misleading. In the event you are aware of any inaccuracy or misleading information in respect of an Education Event which has been provided to the Operator (whether through the Solution or otherwise), you shall immediately inform the Operator.
  2. in the event that there are changes to information relating to a Vetted Educational Event such as programmes, timing, venues and dates, you must immediately contact the Operator before the start date of the Vetted Educational Event, to communicate the changes and updates, if necessary. You will be liable for any additional costs incurred by the Sponsor in relation thereto.

6.3You acknowledge and consent that the Operator reserves the right to remove the Vetted Educational Event from the Solution for any reasons it deems fit at its absolute discretion, including but not limited to:

  1. erroneous or inaccurate information in relation to the Vetted Educational Event has been provided by the Event Organiser; or
  2. the Vetted Educational Event appears to be in breach of any medical or ethical standards set out by any applicable professional medical regulatory or governing bodies.

In such an event, you will be held fully responsible for any loss, damages or costs incurred by the Operator and/or Sponsors from such cancellation.

6.4You acknowledge and consent that in the event you must cancel your Educational Event, you must do so in writing prior to the matching of educational grants and Sponsors has occurred. Failing to do so may result in you being responsible for any cost incurred associated with event registration, event planning, logistics such as airline tickets and hotel accommodations.

7.PRIVACY

7.1Please refer to our privacy policy for information about how the Operator collects, uses, stores and discloses personally identifiable information from its users.

7.2You understand and agree that if you provide to the Operator any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing.

7.3You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Singapore.

8.THIRD PARTY SITES AND CONTENT

8.1The Operator may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Where the Services and/or Solutions contain links to other sites and resources provided by third parties, these links are provided for your information only.

8.2The Operator does not approve, endorse or control any Third-Party Content and makes no representations or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Operator is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

8.3Additionally, if you follow a link or otherwise navigate away from the Services, please be aware that this Agreement will no longer be applicable. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. You access and use Third-Party Content at your own risk.

8.4You may see advertising material submitted by third parties on the Services and/or Solution. Each individual advertiser is solely responsible for the content of its advertising material and the Operator accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

9.LIMITATIONS AND EXCLUSIONS OF LIABILITY

9.1The terms herein set out the full extent of the Operator’s obligations and liabilities in respect of the Services and Solutions.

9.2To the maximum extent permitted by law, the Operator (together with each of our officers, directors, employees, representatives, affiliates, providers and third parties) does not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Services and/or Solutions; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Services and/or Solution or any content contained provided therein.

9.3Subject to terms herein and to the extent permitted by law, your use of the Solution is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. Our maximum aggregate liability to you arising out of or in connection with this Agreement or your access to, use of, or inability to access or use, the Services and/or Platforms shall be limited to the sum of S$100 (Singapore Dollars one hundred only).

9.4Nothing in this Agreement shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

9.5Indemnity. You indemnify the Operator and hold us harmless against all actions, proceedings, claims, liabilities or loss arising from, and any costs, charges and expenses we incur (including legal costs on a full indemnity basis) in connection with:

  1. services we provide in connection with this Agreement; or
  2. our acting in good faith on instructions (including, without limitation, instructions received by way of any electronic equipment) purporting to originate, from you or your authorised agent; or
  3. you not performing your obligations; or
  4. us exercising or attempting to exercise a right or remedy in connection with this Agreement after you are in breach of this Agreement (including engaging solicitors to advise on the terms and conditions under this Agreement or to resolve disputes, whether or not by court proceedings).

9.6We are not liable to you for any loss, damage, embarrassment, cost or expense of any nature:

  1. in connection with this Agreement (including benefits or privileges available in connection with the Account);
  2. if we cannot perform for any reason (including because of failures in the communication system, industrial disputes, Acts of God or anything beyond our control); or
  3. in acting on instructions we believe emanate from you (including, without limitation, Instructions received by way of any electronic equipment).

9.7The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence) or otherwise.

9.8Such indemnity shall continue notwithstanding the termination of any and every products, services or other privileges provided in connection with the Account.

10.TERMINATION

10.1The Operator may in its absolute discretion immediately terminate this Agreement or suspend your use of the Service and/or Solution in whole or in part, at any time, with or without notice to you and/or, if you have an Account, by cancelling your membership and your access to your Account, if any of the following occurs:

  1. erroneous, inaccurate or misleading information have been provided to the Operator, including during the Account application by HCPs and Sponsors, Grant application process by HCPs, or information relating to Education Events by Event Organisers;
  2. in the case of HCP, any breach of any medical or ethical standards set out by any applicable professional medical regulatory or governing bodies;
  3. in the case of a Sponsor, we become aware that you (a designated representative) do not have the requisite authority to represent the Sponsor in making grant submissions or if the Solution Participation Agreement with the relevant Sponsor has been terminated or has expired; or
  4. any violation of any terms of this Agreement, and misuse or abuse of the Services, or using the Service in a way not intended or permitted by the Operator in their sole discretion.

10.2You agree that the Operator shall not be liable to you or any third party as a result of its termination of your right to use or otherwise access the Services pursuant to this Clause.

11.MISCELLANEOUS

11.1You acknowledge that your unauthorised use of the Services and/or Solution may result in irreparable damage and injury to the Operator and/or its affiliates for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to apply for an immediate injunction against you prohibiting any further use of the Services and/or Solution.

11.2The invalidity or unenforceability of any provision (in whole or part) of this Agreement shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from this Agreement.

11.3These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

11.4These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Services and/or Solution.

11.5If the whole or any part of a provision in this Agreement is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This condition has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

11.6Any failure by us to enforce any of the terms of this Agreement shall not be considered to be a waiver of them or the right to subsequently enforce such terms of this Agreement.

11.7Unless expressly provided in the terms herein, this Agreement shall not confer any rights to any third party under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of this agreement.

11.8Irrespective of the country from which you access or use the Services and/or Solution, to the extent permitted by law this Agreement and your use of the Services and/or Solution shall be governed in accordance with the laws of Singapore and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Singapore to resolve any disputes which may arise hereunder.