SwipeRx User Agreement

SwipeRx User Agreement

http://swiperxapp.com/swiperx-user-agreement/

  1. 1Introduction
    1. 1.1SwipeRx is an online social network platform for pharmacy professionals, including pharmacists, pharmacy assistants, pharmacy owners and other key stakeholders in the pharmacy space. Its goal is to help promote access to information and encourage collaboration among pharmacy personnel.
    2. 1.2By using the SwipeRx app (“App”), accessing the SwipeRx website (“Site”) or any applications (“Services”) made available by mClinica Pte. Ltd. (“mClinica”), however accessed, you agree to be bound by the terms put forth in this SwipeRx User Agreement (“User Agreement”). The App and Site are owned and controlled by mClinica. If you do not agree to be bound by this User Agreement, you are not allowed to use this App or Site.
    3. 1.3The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. 2User’s Rights and Obligations.
    The User shall:
    1. 2.1Be responsible for any activity that occurs through its account, and User agrees that it will not sell, transfer, license or assign its account or any rights to the account, App or Site.
    2. 2.2Not advertise or promote any drugs in the App or Site in a manner which is non-compliant with applicable laws relating to the advertisements of drugs.
    3. 2.3Be responsible for keeping its account secure.
    4. 2.4Warrant that all information it provides or provided to mClinica, the App or Site upon registration and at all other times, will be true, accurate, current and complete and User agrees to update its information as necessary to maintain its truth and accuracy.
    5. 2.5Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. 2.6Not interfere or disrupt the Services provided by the App or Site, its servers, or networks connected to mClinica’s Services, by, including but not limited to, transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
    7. 2.7Not encourage or facilitate the violation of this User Agreement.
    8. 2.8Warrant that it has the right to upload any or all of the content it uploads into the App, Site or Services and that the User does not violate any law or regulation, or infringe on rights of any third party when uploading such content.
    9. 2.9Not post or transmit to or from the App, Site or Services: (a) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (b) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (c) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (d) any materials that are objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or otherwise prohibited by applicable laws.
    10. 2.10Warrant that, by using or accessing the Site, App or Services, its activities are lawful in every jurisdiction where User accesses or uses the App, Site or Service.
    11. 2.11Warrant that the information the User gives when selecting the user type during registration and in the “Profile” menu of the App or Site is true, accurate, current and complete, and User agrees to update its information as necessary to maintain its truth and accuracy;
    12. 2.12Warrant that it satisfies the following criteria for each user type selected, namely:
      1. (a)Pharmacist – User is a registered pharmacist in accordance with the respective country’s regulations in which User practices, and User has an active license to practice and carry out the respective rights and responsibilities of a licensed pharmacist;
      2. (b)Pharmacy Assistant – User is allowed to work in a pharmacy and perform the respective activities in accordance with the respective country’s regulations in which User works;
      3. (c)Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. (d)Pharmacy Owner – User owns shares in, or as a sole proprietor owns, a registered pharmacy, drugstore or other commercial establishment engaging in the direct sale to customers of medicines, cosmetics or other health-related products; and/or
      5. (e)Pharmacy Manager – User is responsible for the management of some, or all business activities of a pharmacy, drugstore or other commercial establishment engaging in the direct sale to customers of medicines, cosmetics or other health-related products.

    13. 2.13Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. 2.14Agree that mClinica shall not be liable for any activity performed by the User in the App or Site, including but not limited to (i) sales of goods; (ii) giving misleading or false information; and/or (iii) any criminal activity in every jurisdiction where User accesses or uses the App, Site, or Services. mClinica only connects Users with each other, with third parties and other relevant stakeholders and is not a party to any transactions between the User and third party suppliers of goods for which the User has submitted and/or accepted a bid request. User is responsible for contacting any third party suppliers for any commercial or non-commercial arrangements.
    15. 2.15Immediately contact SwipeRx Customer Support in the event that User is aware of (i) any suspicious requests from anyone who purports to be from mClinica and asks for payments of any kind from the User; or (ii) any content that is not appropriate to be uploaded on the App, Site or Services.
    16. 2.16User acknowledges that mClinica does not receive any payments from Users. Users may be requested by PT Mitrausaha Indonesia Grup (“Modalku”), a third-party financing partner of mClinica to repay loans that have been extended to such Users based on a loan agreement executed between such User and Modalku. Modalku is an Indonesia-based Information Technology-Based Lending Services Provider (Penyelenggara Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi) that has been registered with, and therefore is supervised, by the Financial Services Authority (Otoritas Jasa Keuangan or “OJK”) of the Republic of Indonesia under the OJK Regulation Number 77/POJK.01/2016 regarding Information Technology-based Lending Services pursuant to Registration Certificate Number S-2493/NB.111/2017 dated 31 May 2017.
  3. 3mClinica’s Rights and Obligations.
    mClinica shall:
    1. 3.1Reserve its right to modify or terminate the Services or the User’s access to the App, Site or Services for any reason, without notice, at any time, and without liability to the User.
    2. 3.2Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. 3.3Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. 3.4Notify the User of any significant changes to this User Agreement, and it shall be the responsibility of the User to update herself or any of its personnel of any changes to this User Agreement.
  4. 4Violation of User Agreement.
    1. 4.1Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. 4.2User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. 4.3If User violates this User Agreement, or otherwise create risk, mClinica can stop providing all or part of the App, Site and/or Services to the User, and may in its sole discretion, delete any content posted on the App or Site without prior notice to the User.
  5. 5Limitation of Liability.
    1. 5.1User expressly agrees that use of this App, Site and/or Service is at User’s sole risk. Neither mClinica, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or (ii) the accuracy, reliability or content of any information, provided through this App, Site or Services.
    2. 5.2This App, Site and/or Services are made accessible on an “as is” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
    3. 5.3To the maximum extent permissible by law, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. In no event shall mClinica, or any person or entity involved in creating, producing or distributing this App, Site and/or Services or the contents hereof, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this App, Site and/or Services. User hereby acknowledges that the provisions of this section shall apply to all content on this App, Site and/or Services.
    4. 5.4In addition to the terms set forth above, neither mClinica, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or lack of authenticity, of the information contained within this App, Site and/or Services for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby.
  6. 6Termination.
    1. 6.1The User may terminate its usage of the App by uninstalling the App or stop using the Services at any time. To delete its account, the User should submit a written request to our Data Protection Officer at dpo@mclinica.com. mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. (a)if there is any incidence of fraud or illegal activity by the User;
      2. (b)if there is any violation of this User Agreement by the User;
      3. (c)a request by the User to delete or terminate its account;
      4. (d)a request and/or order from law enforcement, a judicial body, or other government agency;
      5. (e)where provision of the Services to the User is or may become unlawful;
      6. (f)unexpected technical or security issues or problems; or
      7. (g)the User’s failure to pay any fees owed by the User in relation to the Services.

    2. 6.2Upon termination of a User’s account, the User may lose all access to the Services.
  7. 7Dispute Resolution.
    All disputes, controversies or claims (“Dispute”) between the Parties shall be settled amicably. If after a period of thirty (30) days from receipt of a written notice of the existence of any Dispute, the parties fail to reach an amicable settlement, the Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference to this clause. The arbitral tribunal shall consist of a single arbitrator appointed jointly by the parties. All proceedings of such arbitration shall be in English and seated in Singapore. This Agreement will be governed by and construed in accordance with the laws of Singapore. User waives its right to participate in a class action lawsuit or class-wide arbitration.
  8. 8Indemnification.
    The User shall indemnify and keep indemnified mClinica, its directors, employees, subcontractors and agents, against any and/or all costs (including attorney’s fees and legal expenses), compensation, charges, claims and penalties incurred or paid by mClinica to any third party as a result of (a) non-compliance with any of the provisions of this User Agreement and/or any applicable laws by the User; or (b) any fault or negligence of the User.
  9. 9Assignment.
    This Agreement shall be binding on the Parties and their respective successors and permitted assigns. mClinica shall have the right to assign its rights and obligations under this Agreement to any other person/entity without need of securing the consent of the User. User shall not assign its rights and obligations under this Agreement to any other person without the prior written consent of mClinica.
Last updated: August 20, 2018