Platform User Terms： These Platform User Terms are current as of 16 Jan 2024 (v1.0) 

The Platform is owned and operated by Fullerton Healthcare Group Pte. Limited. (“FHG”). In these terms and conditions of use (“Platform User Terms”), the words “you”, “your” and “User” refers to you, as an end user of the Platform, and the words “we”, “our” and “us” refer to FHG and its successors and assigns.  

IMPORTANT: By accessing the Platform (defined below), you agree to these Platform User Terms with FHG. If you do not agree to these Platform User Terms, kindly do not access, or use, or immediately discontinue your access and/or use of, the Platform. 

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Platform User Terms and their agreement to take responsibility for: (i) your actions; and (ii) your acceptance and compliance with these Platform User Terms. All your use shall be deemed to be use by your parent(s) or legal guardian(s), and “you”, “your” and “User” refers to you and parent(s) or legal guardian(s) collectively. If you do not have this consent from your parent(s) or legal guardian(s), you must stop using and accessing the Platform. 

1. DEFINITIONS 

In these Platform User Terms, unless the context otherwise requires, the following expressions shall have the following meanings: 

1.1 “Account” means an account on the Platform that you use to access the Platform created by a User by providing such information and in accordance with such instructions as may be prescribed by FHG.  

1.2 “Additional Terms” shall be as defined in Clause 5.1. 

1.3 “Communications” shall be as defined in Clause 6.5. 

1.4 “Content” means any content, information, functionalities, services, or materials, including but not limited to text, software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams, or other material. 

1.5 “Intellectual Property Rights” means all copyright, patents, utility innovations, trademarks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges and rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.  

1.6 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not. 

1.7 “New Features” shall be as defined in Clause 5.2. 

1.8 “Order” shall be as defined in Clause 7.1. 

1.9 “Password” refers to the password that meets FHG-prescribed criteria, if any, which you have chosen when creating an Account and any changes thereto in the manner prescribed by FHG. 

1.10 “Personal Data” refers to any data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which FHG has or is likely to have access, including data in FHG’s records as may be updated from time to time. Examples of such Personal Data include the individual’s name, address, national registration identity card (NRIC) number or email address. 

1.11 “Platform” means the e-commerce platform known as Aon Marketplace (including any web or mobile versions and mobile applications, such as iOS and Android versions, or in any other digital form), operated by FHG (if any), through which FHG may make available product and service offerings of Sellers to you, and any other features, services and functions made available through such platforms from time to time Information on the platforms included within the Platforms will be available upon reasonable request from FHG. The Platforms do not include all websites or services operated under the name “FHG”, but only those designated as such by FHG.  

1.12 “Prohibited Material” means any Content that: 

(i) infringes any Intellectual Property Rights or any other rights of any third party; 

(ii) contains any computer virus, Trojan horse, worm or other invasive or damaging code, program or macro; 

(iii) is defamatory, libellous or threatening;  

(iv) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable laws;  

(v) is or may be construed as offensive and/or otherwise objectionable, in the sole opinion of FHG; and/or 

(vi) any junk mail, spam, chain letters, or any unsolicited mass distribution of email. 

1.13 “Seller” means such seller whose products and/or services are offered, provided or otherwise made available to Users via the Platform, and includes a Third Party Merchant. FHG may also be a Seller for selected products. 

1.14 “Seller Terms and Conditions of Sale” means the terms and conditions in Annex A. 

1.15 “Third Party Content” shall be as defined in Clause 9.1. 

1.16 “Third Party Merchant” means such third-party merchant whose products and/or services are offered, provided, or otherwise made available to Users via the Platform, and excludes FHG. 

1.17 “Trademarks” shall be as defined in Clause 14.2. 

1.18 “User Content” means any Content submitted by a User for inclusion and/or posting through the Platform and/or such other means FHG may prescribe. 

1.19 “UserID” means the unique login identification name which identifies a User who has an Account. 

2. LICENCE TO USE PLATFORM 

2.1 The Platform is proprietary to FHG and must not be used other than strictly in accordance with the terms set out herein. If you agree to these Platform User Terms by accessing the Platform, FHG grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Platform. 

2.2 FHG reserves all rights not granted hereunder. 

2.3 For the avoidance of doubt, FHG shall not at any time be obliged to provide any adaptations, enhancements and/or modifications to the Platform, including without limitation any updates, patches, bug-fixes and/or upgrades to the Platform or any new versions and/or releases of the Platform which incorporate new features or functions. 

2.4 You may not under any circumstances: (i) copy, sell, resell, assign, licence, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce the Platform or any part thereof in any form by any means; (ii) adapt, modify, decompile, disassemble, localise, port and/or reverse engineer the Platform or any part thereof; (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of FHG placed upon or contained within the Platform; (iv) prepare or develop derivative works based on the Platform; and/or (v) use the Platform for any purpose other than those permitted under these Platform User Terms. Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licence granted hereunder. The use restrictions set out herein shall survive the termination of these Platform User Terms.     

3. GENERAL CONDITIONS FOR THE USE OF THE PLATFORM 

3.1 You must comply with FHG’s notices, guidelines, operating rules, policies and instructions pertaining to the use of the Platform as issued and/or amended by FHG from time to time. These notices, guidelines, operating rules, policies and instructions will generally be notified to you via email, push notification(s) and/or publication on the Platform and/or such other method of notification as may be designated by FHG, which you acknowledge shall be sufficient notice for the purpose of this Clause 3.1.  

3.2 You must also abide by all applicable laws, statutes, regulations, acceptable use policies of any connected computer networks, and any applicable Internet standards in your use of the Platform. 

3.3 You must not: 

3.3.1 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;  

3.3.2 engage in, use and/or utilise the Platform, whether directly or indirectly, for illegal or unlawful purposes, or purposes other than those permitted under these Platform User Terms;  

3.3.3 use, send, distribute or upload, in any way, data, software or Content that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components that may impair or damage the operation of the Platform and/or another’s computer or device;  

3.3.4 attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform; or  

3.3.5 post, promote or transmit through the Platform any Prohibited Material.   

4. RESERVATION OF RIGHT AND AUTHORISATION 

4.1 FHG may (but shall not be obliged to) at any time, at its sole, unfettered and absolute discretion and without giving any reason or prior notice, upgrade, maintain, modify, alter, suspend, discontinue the provision of or remove (including downtime for the maintenance of the Platform), whether in whole or in part, the Platform and, in such event, FHG shall not be liable for any Losses which may be incurred by you or any third party as a result.  

4.2 FHG reserves the right, but shall not be obliged to: (i) monitor, screen, censor or otherwise control any activity on and/or the Content on the Platform; (ii) investigate any violation of the terms and conditions contained herein and take any action, or refrain from taking any action, as it deems appropriate in its sole, unfettered and absolute discretion; (iii) prevent or restrict access of any User (including your access) to the Platform; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.  

4.3 Without prejudice to any other rights which FHG may have under these Platform User Terms, FHG reserves the right to suspend, terminate or disable your access and/or use of the Platform at any time.  

4.4 Without prejudice to Clause 7, Orders are not binding until processed by FHG and accepted by the relevant Seller. FHG reserves the right to not process any Order if: (i) such Order does not comply with the requirements or terms and conditions applicable to the access and/or use of the Platform, including these Platform User Terms, or is otherwise not in the mode or manner required by FHG; (ii) FHG is prohibited from processing such Order by reason of any applicable laws or legal requirements; or (iii) for such other reason as FHG may deem appropriate at its sole, unfettered and absolute discretion. 

4.5 We reserve the right to terminate or disable your user account after a period of inactivity of such user account. 

5. OTHER APPLICABLE TERMS/NEW FEATURES 

5.1 In addition to these Platform User Terms, the use of specific aspects of the Platform or more comprehensive or updated versions of the Platform may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. 

5.2 FHG reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively “New Features”) to the Platform. The term “Platform” shall include New Features which are provided through the Platform respectively at no charge or fee unless otherwise indicated. 

5.3 All New Features shall be governed by these Platform User Terms and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Features are provided and shall be deemed to have agreed to upon use of such New Features. In the event of any inconsistency between these Platform User Terms and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the product, application, programme, service, function, or feature in question unless otherwise provided.

6. ACCOUNT, USERID AND PASSWORD  

6.1 A UserID and Password may either be: (a) determined and issued to you by FHG; or (b) provided by you and accepted by FHG in its sole, unfettered, and absolute discretion in connection with the use of and/or access to the Platform. 

6.2 FHG may at any time in its absolute discretion forthwith invalidate your UserID and/or Password without assigning any reason therefor without prior notice and shall not be liable or responsible for any Losses suffered by or caused to you or arising out of or in connection with or by reason of such invalidation.  

6.3 You hereby agree to change your Password from time to time and to keep your Password confidential and shall be responsible for the security of your Account and liable for any disclosure or use (whether such use is authorised or not) of your Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of your Password has been compromised or if there has been any unauthorised use of your UserID and/or Password or if any information in relation to your Account requires updating. 

6.4 You shall not at any time disclose any UserID or Password to any other party and you shall be responsible and liable for any disclosure or use (whether such use is authorised or not) of the UserID and Password issued to you. FHG shall not be responsible or liable for any Losses, damage or embarrassment incurred or suffered by you or any person by reason of or arising from or as a consequence of using your UserID and/or Password in respect of any instructions, operations or transactions effected by you or purported to be effected by you through the Platform.  

6.5 Any use of and/or access to the Platform and any information, data, instructions, directions, requests or communications (“Communications”) referable to your UserID and Password (whether such access, use or Communications is authorised by you or not) shall be deemed to be, as the case may be: (i) use of and/or access to the Platform by you; or (ii) Communications posted, transmitted and validly issued by you. You shall be bound by any access to, use of and/or Communications carried out or transmitted through the Platform which are referable to your UserID and Password and you agree that FHG shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you, and FHG shall be under no obligation to assess or verify the reasonableness, completeness, truth, accuracy, authenticity or contents thereof. FHG shall not be responsible or liable for any Losses incurred or suffered by you or any person by reason of, arising from or as a consequence of using your UserID and Password in respect of any Communications effected by you or purported to be effected by you through the Platform.  

7. ORDERS AND TRANSACTIONS  

7.1 Each product and/or service offered for sale on the Platform may be sold by a different Seller. The “Seller” of each particular product or service available for order via the Platform shall be indicated in the relevant location on the Platform. Where FHG is not a Seller, FHG only provides an avenue through the Platform for you to place orders for the relevant products and/or services with the said Sellers (any submitted order referred to as an “Order”), and FHG neither endorses nor assumes any responsibility or liability arising in connection with any Order placed with a Third Party Merchant or the products and/or services in respect of which such Order is carried out, and FHG is not involved in and shall not be required to be a party to any agreements or promises made between you and any Third Party Merchant, and, therefore, cannot and does not know if any Third Party Merchant will perform any promise made to you or if any Third Party Merchant will act with reasonable care. You acknowledge and agree that by making any Order, you are offering to enter into the Seller Terms and Conditions of Sale (solely) with the relevant Seller and, where an Order is accepted, you shall enter into such agreement solely with the relevant Seller. Transfer of risk and property in Ordered products or services, delivery, product or service warranties (including the conditions and remedies for such warranties), support, refunds, returns, replacements, exchanges and any other ancillary products or services in relation to such products and/or services shall be governed by and subject to the Seller Terms and Conditions of Sale.  

7.2 You acknowledge that you shall be responsible for ensuring the accuracy of any Order and that each Order shall be deemed to be irrevocable and unconditional upon transmission to the Platform. The relevant Seller shall be entitled (but not obliged) to process, treat each such Order as an offer to that Seller, and accept such Order(s), without your further consent and without any further reference to you. Nevertheless, you may request to cancel or amend the Order if so permitted by and in accordance with the Seller Terms and Conditions of Sale. FHG expects each relevant Seller to endeavour to give effect to on a commercially reasonable basis to the Seller Terms and Conditions of Sale. However, notwithstanding the foregoing, FHG cannot ensure that any other Seller gives effect to any request to cancel or amend any Order.  

7.3 All Orders shall be subject to FHG’s processing and/or the relevant Seller’s acceptance at their sole discretion and each Order accepted by Seller shall constitute an individual agreement, on the terms of the Seller Terms and Conditions of Sale, entered into directly and only between you and the relevant Seller (“Customer Contract”). You acknowledge that unless you receive a notice from Seller accepting your Order, Seller is not party to any legally binding agreement or promise for the sale or any other dealing in connection with the relevant products and/or services and accordingly neither FHG nor Seller shall not be liable for any Losses which may be incurred as a result (regardless of any comments included in any note or similar accompanying an Order). For the avoidance of doubt, each Seller has the absolute right to decline to process or accept any Order received from or through the Platform in its absolute discretion.  

7.4 You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced either by FHG or Third Party Merchant. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Platform User Terms, the Seller Terms and Conditions of Sale, and each of the Customer Contracts allocate risks between the parties and permit FHG and each other Seller to provide its products and/or services at lower fees or prices than such Seller otherwise could, and you agree that such exclusions of liability are reasonable. 

7.5 FHG does not have control over nor does FHG take any responsibility for the quality, safety or legality of the services and/or products advertised, presented or listed by Third Party Merchants, the truth or accuracy of any postings, listings, descriptions or images used by Third Party Merchants to identify or describe their products and/or services and the ability of any Third Party Merchant to provide the products and/or services they claim to provide, and FHG cannot and does not know whether any information provided by any Third Party Merchant is accurate, complete, misleading or deceptive. You hereby undertake not to sue or take any action against FHG, its related corporations, third party providers or any of their officers, directors, employees, agents, successors or assigns in connection with any matters relating to any Order or any products or services offered and/or provided by any Third Party Merchant and you hereby waive any rights that you may have, if any, to commence any action against FHG, its related corporations, third party providers or any of their officers, directors, employees, agents, successors or assigns. You further acknowledge that FHG shall be discharged and released from any obligations with respect to the Orders and any products and/or services offered and/or provided by Third Party Merchants.  

7.6 Without prejudice to the generality of any of the foregoing:  

7.6.1 Neither FHG nor Third Party Merchants give any warranty as to the quality, merchantability, state, condition or fitness of the products and/or services offered, provided or made available on the Platform, and any listing of any product and/or service of any Third Party Merchant on the Platform shall not constitute FHG’s endorsement or verification of such product and/or service; 

7.6.2 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any products and/or services supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known to Seller (but at all times subject to such other terms in the general product descriptions and product warranties that the relevant Third Party Merchants may have provided through the Platform); and 

7.6.3 FHG shall be under no liability for the following measures and actions taken by the User or third parties and the consequences thereof: improper remedy of defects, alteration of the relevant products and/or services without the prior agreement of FHG, addition and insertion of parts, in particular of spare parts which do not come from FHG. 

7.7 You may make payment in respect of an Order by using any of the payment methods prescribed by FHG from time to time and in accordance with any additional terms as may be prescribed by FHG from time to time. Successfully placing an Order, or making payment for a successfully placed Order, does not guarantee that the relevant Seller will enter into a Customer Contract You acknowledge that FHG is entitled to collect payments from you on behalf of Third Party Merchant, using the services of a third party payment services provider where required or appropriate.  

7.8 You agree not to claim against Seller or any of its agents or service providers (which may include FHG), for any failure, disruption, or error in connection with your chosen payment method. FHG reserves the right at any time to modify or discontinue, temporarily or permanently, the availability of any payment method without notice to you or giving any reason. 

8. QUESTIONS, COMPLAINTS AND MANAGING ORDERS 

8.1 You may submit any questions, feedback or complaints regarding the Platform, as well as manage your Orders, through the Platform. 

9. DISCLAIMERS 

9.1 Content, applications, products and services from various sources, including Third Party Merchants, other Users and any other third party content providers, including websites or webpages owned, operated and/or maintained by Third Party Merchants or any other third party (“Third Party Content”), may be included or provided through the Platform. Such inclusion or provision is not an endorsement by FHG of any Content, applications, products and/or services from the aforementioned sources. The access and/or use of any such Content, applications, products and/or services is entirely at your own risk. 

9.2 Neither FHG, its related corporations, third party providers, each of their officers, directors, employees, agents, independent contractors, successors or assigns, nor any of FHG’s Content providers, including Third Party Merchants or any Third Party Content providers, shall be responsible or liable for any errors, delays or omissions in the Platform or any part thereof, or for any actions taken in reliance thereon. FHG is under no obligation to monitor or review Third Party Content through the Platform, and assumes no responsibility or liability for any Losses arising from or in connection with any such Third Party Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in any such content.  

9.3 For your convenience, FHG may include hyperlinks to websites or webpages on the Internet that are owned or operated by third parties. Such linked websites or webpages are not under the control of the FHG and the FHG cannot accept responsibility for the contents of or the consequences of accessing any linked website or webpage, or any link contained in a linked website or webpage. Furthermore, the hyperlinks provided in this Platform shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the FHG. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.  

10. ADVERTISING 

10.1 We may include banners, java applets and/or such other materials to the Platform, for the purposes of advertising our or our affiliate’s’ products and/or services.  

11. NO WARRANTY  

11.1 The Platform, and the information and materials contained in or accessed through this Platform, are provided “as is” and “as available” basis and are of a general nature which have not been verified, considered or assessed by FHG in relation to the making of any specific investment, business, financial or commercial decision. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE PLATFORM OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE PLATFORM.  Without prejudice to the generality of the foregoing, FHG does not warrant: (i) the truth, accuracy, timeliness, adequacy, completeness or reasonableness of the Platform and the information and materials contained in or accessed through the Platform; (ii) that your use of and/or access to the Platform, or the operation of the Platform, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the information and materials contained in or accessed through the Platform are free from errors or omissions; (iv) that the Platform will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (v) that use of the Platform by you will not infringe rights of third parties.   

11.2 You acknowledge and agree that FHG does not warrant the security of any information transmitted by or to you using the Platform and you hereby accept the risk that any information transmitted or received using the Platform may be accessed by unauthorised third parties and/or disclosed by FHG and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. 

11.3 You will not hold FHG or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for Losses (whether direct or indirect) suffered or incurred by you as a result of any such access or disclosure. 

12. DATA PRIVACY AND CONFIDENTIALITY  

12.1 You agree that all information and/or particulars sent or submitted by you through the Platform is non-confidential and non-proprietary unless otherwise expressly indicated by you and may be used by us in accordance with our Privacy Policy https://www.fullertonhealth.com/privacy-policy/ . Our Privacy Policy explains how FHG treats your Personal Data when you access and/or use the Platform. By accessing and using the Platform, you agree that FHG can collect, use and disclose any Personal Data you provide to FHG in accordance with our Privacy Policy, as may be updated and/or amended by FHG from time to time, or otherwise for the purposes of providing the Platform to you, including disclosing such Personal Data to Third Party Merchants and/or FHG’s third party service providers to enable or facilitate the provision of the Sellers’ products and/or services to you.  

12.2 You further consent to FHG and its third party service providers collecting data relating to you (including your Personal Data) for the purposes of helping FHG understand the use(s) of the Platform and improve and enhance the Platform and/or Users’ experience in properties owned by FHG’s related corporations (including for the purposes of research and development, analytics, surveys and/or profiling). Such data may include your device’s IP address, statistics about how you access and/or use the Platform and information provided through the use of “cookies”.  

12.3 Certain products and/or services may be provided by Third Party Merchant and/or other third party on a part of the Platform via framing, on Third Party Merchant’s or such third party’s own website or webpage (to which you may be directed from the Platform) or may even be co-branded with FHG’s logos or trademarks, even though they are not operated or maintained by FHG. You acknowledge that any submission of Personal Data via such part of the Platform shall be to such Third Party Merchant or third party directly and not FHG and FHG shall not be deemed to have collected any Personal Data submitted by you in such manner. In effect, you would have left our website when you visit such parts of the Platform or such Third Party Merchant’s or third party’s website or webpage. You further acknowledge that any collection, use and/or disclosure of such Personal Data on such parts of the Platform or such Third Party Merchant’s or third party’s website or webpage shall not be governed by our Privacy Policy but shall be subject to such terms and conditions as may be prescribed in such Third Party Merchant’s or such third party’s own privacy policy, which is accessible at the framed part of the Platform on which Third Party Merchant is providing its products and/or services. FHG shall not be responsible for the privacy practices or policies of any Third Party Merchant or any third party. You are encouraged to learn about the privacy practices or policies of such Third Party Merchants or third parties. 

13. EXCLUSION OF LIABILITY AND INDEMNITY 

13.1 FHG, its related corporations, its third party service providers and each of their officers, directors, employees, agents, independent contractors, successors and assigns shall in no event nor for any reason whatsoever be liable, even if the relevant party has been advised of the possibility of such Losses, for any Losses, including direct, indirect, incidental, special, consequential exemplary or punitive claims, expenses, loss or damages, economic loss, or any claims for loss of profits or loss of use, whatsoever or howsoever caused (regardless of the form of action), arising directly or indirectly from or in connection with: (i) any access, use or the inability to access or use the Platform; (ii) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus or other malicious, destructive or corrupting code, agent, program or macro; (iii) any use of or access to any other website or webpage provided through the Platform; (iv) any services, products, information, data, software, Content or other material obtained or downloaded through the Platform, from any other website or webpage provided through the Platform, from any other party referred through the Platform, or through the use of the Platform; (v) any use or misuse of the Platform; (vi) any reliance on the Platform; or (vii) any activity on and/or Content transmitted through the Platform, or any error, omission, falsehood, inaccuracy or any Prohibited Material being contained in any such activity or Content. In addition, in no event shall FHG be liable to you or any other party for: (a) any amounts due from other Users or any Third Party Merchant; and/or (b) damages arising in connection with the downloading or installation of, or the inability to download or install the Platform or any third party application required to access and/or use the Platform, by you or other third party. 

13.2 You hereby agree to indemnify and hold harmless and keep FHG indemnified in full against all and any claims, actions, proceedings, loss, damage, costs (including legal costs on a full indemnity basis), expenses and liabilities of whatsoever nature and howsoever arising which may be brought against or suffered or incurred by FHG arising from or which is directly or indirectly related to: 

13.2.1 your access to and/or use of the Platform and/or any other person or entity’s use of the Platform where such person or entity was able to access and/or use the Platform by using your UserID and Password (where applicable); or  

13.2.2 any breach or non-observance of any of these Platform User Terms by you or by any other person or entity where such person or entity was able to access and/or use the Platform by using your UserID and Password (where applicable). 

14. INTELLECTUAL PROPERTY AND CONTENT TRANSMITTED VIA THE PLATFORM  

14.1 All Intellectual Property Rights in and to the Platform, and the contents of the Platform (including, but not limited to, all design, text, sound recordings, images, or links), are owned, licensed to, or controlled by FHG, FHG’s licensors or service providers, unless otherwise indicated. As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked, or otherwise used in whole or in part in any manner without the prior written consent of FHG. Save and except with FHG’s prior written consent, you may not insert a hyperlink to this Platform or any part thereof on any other website or “mirror” or frame this Platform, any part thereof, or any information or materials contained in this Platform on any other server, website or webpage, and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to this Platform or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on this Platform) .  

14.2 You may access the Platform provided that FHG or the relevant copyright owners retain all copyright and other proprietary notices contained on the content and materials on the Platform. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Platform are registered and unregistered Trademarks of FHG and where applicable, Third Party Merchants or other third party proprietors identified on the Platform. No right or licence is given to any party accessing and/or using the Platform to download, reproduce or use any such Trademarks. Your access to this Platform should not be construed as granting, by implication, estoppel or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any trade marks, logos or service marks appearing on the Platform without the prior written consent of FHG or the relevant third party proprietor thereof. Save and except with FHG’s prior written consent, no such trade mark, logo or service mark may be used as a hyperlink or to mark any hyperlink to any FHG site or any other site. 

14.3 You warrant and represent that you have the right and authority to submit your User Content and that your User Content or any part thereof does not infringe the Intellectual Property Rights or any other rights of any third party. You agree and acknowledge that your User Content is non-confidential and non-proprietary unless otherwise expressly indicated by you. You hereby grant to FHG and its service providers a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence (or sub-licence) of the copyright and intellectual property rights in such Content for any purpose they deem necessary, desirable, or expedient, including the hosting, copying, transmission, distribution, use, reproduction, and publication thereof, unless restricted by applicable law. You acknowledge that FHG and its related corporations, directors, officers, employees, contractors and agents shall not be subject to any confidentiality obligations in respect of any such information and/or particulars unless otherwise agreed in a separate direct contract between you and us or required by law, and you agree that FHG and its related corporations, directors, officers, employees, contractors and agents may, and you hereby authorise each of them to, use and disclose such information to any person (including any third party service provider and/or any person purporting to be you) in connection with your use of the Platform. For the avoidance of doubt, this Clause 14.3 shall survive the termination of these Platform User Terms. 

15. TERMINATION

15.1 FHG, in its sole, unfettered, and absolute discretion, may with immediate effect and at any time, without notice, terminate your right to access and/or use the Platform and/or invalidate your UserID and may disable or restrict access to the Platform (or any part thereof) for any reason whatsoever, including without limitation, a breach of any of the terms and conditions of these Platform User Terms.  

15.2 Without prejudice to the foregoing, any termination of these Platform User Terms shall not affect any of FHG’s rights accrued prior to termination and any of your obligations under any provisions of these Platform User Terms which are meant to survive the termination, nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.  

16. AMENDMENTS TO TERMS OF USE 

16.1 You acknowledge and agree that FHG may impose such further terms and conditions and make such amendments to these Platform User Terms as FHG may in its sole, unfettered discretion deem fit from time to time. Upon the imposition of any amendment in the terms and conditions of these Platform User Terms, FHG will notify you via email, push notification(s) and/or publication on the Platform and/or such. other method of notification as may be designated by FHG, specifying a date on and as from which such amendment or terms and conditions shall take effect. You agree that any notification of amendments to these Platform User Terms as aforementioned shall be sufficient notice for the purpose of this Clause 16.1. 

16.2 Notwithstanding Clause 17.1, FHG is under no requirement or obligation to notify any person (including you) through any means other than as specified in Clause 16.1 before making any amendment to these Platform User Terms. It is the responsibility of each User to regularly check the Platform and/or their email to be notified of any updates to these Platform User Terms.  

16.3 If you do not agree to be bound by the amendments, you shall immediately cease all access and/or use of the Platform. You further agree that if you continue to use and/or access the Platform after being notified of such amendments to these Platform User Terms, such use and/or access shall constitute an affirmative: (i) acknowledgement by you of these Platform User Terms and its amendments; and (ii) agreement by you to abide and be bound by these Platform User Terms and its amendments.  

16.4 FHG reserves its rights to vary, amend or rescind these Platform User Terms under this Clause 16 in the manner aforesaid without the consent of any person or entity who is not a party to these Platform User Terms. 

17. NOTICES 

17.1 Any notice or other communication in connection with these Platform User Terms: (i) may be given personally, by post, facsimile or electronically if sent to the address or facsimile number then most recently notified by the recipient to the sender; (ii) if given personally, will be deemed to have been received upon delivery; (iii) by post, will be deemed to have been received on the second day following posting; (iv) if given by facsimile, will be deemed to have been received upon production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient; and (v) (a) if given by FHG to you electronically, will be deemed to have been received upon delivery (and a delivery report received by FHG will be conclusive evidence of delivery even if the communication is not opened by you); and (b) if given to FHG electronically, will be deemed to have been received upon being opened by us. 

18. FORCE MAJEURE 

18.1 FHG shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Platform’s operation if due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (including acts of God, natural disasters, epidemics, acts of war or terrorism, acts of any government or authority, power failures or power supply problems, acts or defaults of any telecommunications network operator or carriers, Internet or network related problems, problems with the services rendered by third party vendors or service providers and the acts or a party for whom FHG is not responsible for). 

19. GENERAL 

19.1 Nothing herein shall be construed as a representation by FHG that the information and materials contained in or accessed through this Platform is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing this Platform, you agree that such access and/or use, as well as these Platform User Terms shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.  

19.2 You may not assign, transfer, novate or otherwise deal with your rights under these Platform User Terms, or part thereof, without FHG’s prior written consent. These Platform User Terms and all the rights and obligations of FHG under it may be assigned, transferred, novated or otherwise dealt with by FHG to any third party nominated by FHG without your consent or approval and will inure to the benefit of FHG’s successors and assigns. You undertake to do all things and execute all documents necessary to facilitate such assignment, transfer, novation or dealing. 

19.3 FHG reserves the right to delegate or sub-contract the performance of any of its functions in connection with the Platform and reserves the right to use any service providers, subcontractors and/or agents on such terms as FHG deems appropriate. 

19.4 These Platform User Terms will bind you and FHG and FHG’s respective successors in title and assigns. These Platform User Terms will continue to bind you notwithstanding any change in FHG’s name or constitution or FHG’s merger, consolidation, or amalgamation with or into any other entity (in which case these Platform User Terms will bind you to FHG’s successor entity). 

19.5 If any provision of these Platform User Terms is held to be invalid, illegal, or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Platform User Terms and the remaining provisions of these Platform User Terms shall not be affected thereby. 

19.6 Neither the failure to exercise nor the delay in exercise by FHG of any of FHG’s rights, powers and privileges under these Platform User Terms shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or any other right, power, or privilege. Such failure or delay shall not affect FHG’s right to enforce its rights under these Platform User Terms. 

19.7 You acknowledge and agree that FHG’s records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the Platform by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the Platform and any record of any communications, transactions, instructions or operations maintained by FHG or by any relevant person authorised by FHG relating to or connected with the Platform shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that FHG’s decisions on all matters relating to these Platform User Terms will be at its absolute discretion and will be final and binding on you.  

19.8 Save for Third Party Merchants, no person or entity who is not a party to these Platform User Terms shall have any right under the Contracts (Rights of Third Parties) Act 2001 or other similar laws to enforce any term of these Platform User Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Platform User Terms. 

19.9 You agree and acknowledge that these Platform User Terms and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by FHG. Any Internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Platform shall be your sole responsibility and shall be separately obtained by you, at their own cost, from the appropriate telecommunications or internet access service provider. 

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Annex A 

Seller Terms and Conditions of Sale 

1. Definitions 

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in the Platform User Terms between you (defined below) and FHG (defined below) will apply to these Seller Terms and Conditions of Sale, mutatis mutandis.

2. Overview 

2.1 In these “Seller Terms and Conditions of Sale”, “you”, “your” and “yours” refer to the User who has offered to purchase a product and/or service (such products and/or services the “Products”) via the Platform, and the words “we”, “our”, or “us” refer to the relevant seller of such Products (“Seller”). By submitting your Order for processing by us via the Platform, you agree to be bound by the following Seller Terms and Conditions of Sale, which shall apply to both the Seller and you. 

2.2 References to “FHG” in these Seller Terms and Conditions of Sale apply both to FHG’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent or service provider where the “Seller” is a third party merchant. The rights and protections conferred on FHG under these Seller Terms and Conditions of Sale shall be additional to the rights and protections conferred on FHG under the Platform User Terms or any other relevant agreement between you and FHG. 

2.3 We and FHG reserve the right to update, change or replace these Seller Terms and Conditions of Sale (or part thereof) at any time by posting updates and/or changes on the Platform. The version of the Seller Terms and Conditions of Sale applicable to an Order will be the most recent version applicable at the point at which such Order is placed. 

3. Placing Orders for Products 

3.1 You may place an Order in accordance with the instructions as prescribed by FHG on the Platform from time to time. Orders placed in any other manner will not be accepted by us. 

3.2 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by us via the Platform for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, we exclude (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. 

4. Delivery of Products 

4.1 Address: Delivery of the Products shall be made to the address within Singapore that you specify in your Order, by a third-party logistics provider.  An order tracking number will be reflected in the order status. Tracking of delivery status may be available on the respective third-party logistic provider’s website. 

4.2 Delivery Fee: Delivery fees shall be as set out in the Order. 

4.3 Delivery Time: You acknowledge that delivery of the Products is subject to availability of the Products, and the performance of the third-party logistics provider. Unless otherwise stated, delivery of the Products will generally be made within 5 working days for Orders accepted and processed by the Seller.  

5. Return/Refund/Cancellation 

5.1 Cancellation Policy: We do not accept any cancellation or amendments of Orders once payment has been confirmed online and we have accepted your Order. Even after acceptance, we reserve the right to cancel any Order at our discretion, including where we discover a Product has been mispriced on the Platform or a Product is unavailable after your Order has been processed. You will be notified of such cancellation via email and a refund will be credited without interest into the same payment mechanism that was used to make that Order. 

5.2 Exchange and Refunds Policy: We endeavour to make sure that items delivered to you are in good condition. If we do not meet the standards, you may request for an exchange and/or refund in the event of a/an: 

– Defective item 

– Incorrect item from the initial order 

– Expired item 

– Missing item in the parcel(s) 

If any of the above applies to you, please contact our customer service at aon.wellnessmarketplace@fullertonhealth.com within 7 days upon receiving your order items. Consideration of a refund/exchange request is subjected to the following: 

Item(s) must be in their original purchase condition. 

All packaging of each item must remain unopened and must not be defaced in any manner. 

Items purchased as part of a set or multi-item pack, must be returned as a whole set. 

All exchange and/or refund requests will be reviewed and subjected to approval by our customer service. We will email a confirmation of the exchange/refund upon approval.

6. Termination 

6.1 Without prejudice to any other right of termination for us in these Seller Terms and Conditions of Sale, we, in our sole, unfettered and absolute discretion, may with immediate effect and at any time, without notice, stop any Products in transit, suspend any further deliveries to you and/or terminate the Customer Contract for any reason whatsoever, including without limitation, your breach of any provision of these Seller Terms and Conditions of Sale or obligations under the relevant Customer Contract, or where the Products under the Customer Contract are unavailable for any reason. 

7. Risk/title  

7.1 The risk of damage to and loss of any purchase shall pass to you upon our delivery of the Products to you.  

8. Limitation of Liability 

8.1 Unless otherwise required applicable laws, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (including FHG) be liable for any Losses or any indirect, incidental, punitive, special, or consequential damages of any kind, arising from any Products, or for any other claim related in any way to any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred.    

8.2 For the avoidance of doubt, we shall not be liable for losses and damages whatsoever or howsoever caused regardless of the form of action (other than death or personal injury resulting from our negligence) arising directly or indirectly in connection with any defects in the Products arising from unsuitable or improper use, defective installation or commissioning by you or third parties, fair wear and tear, wilful damage, negligence, abnormal storage or working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, accident, unsuitable foundation, chemical, electro-technical/electronic or electric influences, your or third parties’ failure to follow our instructions (whether oral or in writing), misuse, alteration, modification or repair of the Products without our prior written approval, or repairs or remedial work carried out without our prior written approval.  

8.3 We shall not be liable under the Product Warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid. 

8.4 We shall not be liable in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any. 

9. General 

9.1 Governing Law: These Seller Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of Singapore. 

9.2 Rights of Third Parties: Save for FHG, no person or entity who is not a party to these Seller Terms and Conditions of Sale shall have any right under the Contracts (Rights of Third Parties) Act 2001 or other similar laws to enforce any term of these Platform User Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Seller Terms and Conditions of Sale.