TERMS OF SERVICE

ABOUT THE WEBSITE

Welcome to BioMark (the “Website”). This Website provides services to educate you on healthcare that may affect your daily life and including the provision of a review of your blood test results and other health-related information (the “Services”). The Website is not intended for use in the diagnosis, monitoring, management or treatment of any medical condition or disease. Any health-related information accessed through the Website should not be treated as medical advice. Users should seek any medical advice from a physician. The contents of the Website, such as text, graphics, images, data, graphs, audio, videos, computer programs and other material and information (collectively the " Content"), are for informational purposes only.

THE CONTENT PROVIDED IN THIS WEBSITE IS NOT A SUBSTITUTE FOR THE ADVICE OF YOUR PROFESSIONAL PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL SYMPTOM OR A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN IN THIS WEBSITE. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, GO TO THE NEAREST HOSPITAL.

The Website is operated by BioMark Pte Ltd (“BioMark”). Access to and use of the Website, or any of its associated Products or Services, is provided by BioMark. Please read these terms and conditions ( the “Terms”) carefully. If you do not agree with the Terms, you must cease usage of the Website, or any of its Services immediately.

As used herein, “You” and “Your” refer to the individual or entity that wishes to use the Website. Your license to this Website is subject to your prior acceptance of these Terms.

BioMark reserves all ownership and intellectual property rights in and to the Website. This Website supports the iPhone and Android Smart Phone Devices (the “Devices”), and enables users to access, review and use certain data (and perform certain actions with such data) where such data is provided by a connection to BioMark server. BioMark grants you a limited, non-exclusive, personal and non-transferable license to install and use the Website on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.

BioMark reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BioMark updates the Terms, it will use reasonable endeavours to provide you with notices of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. BioMark may also make improvements and/or changes in services and functionalities or add new features at any time without notice. We encourage you to periodically read these Terms to see if there have been any changes to our policies that may affect you. Your continued use of this Website will signify your continued agreement to these Terms as they may be revised. Before you continue, we recommend you keep a copy of the Terms for your records.

ACCEPTANCE OF THE TERMS

You accept the Terms by clicking to agree to the Terms where this option is made available to you by BioMark in the user interface.

ELIGIBILITY AND REGISTRATION TO USE THE SERVICES

In order to access the Services, you must first register for an account through the Website (the “Account”).

You warrant that any information you give to BioMark in the course of completing the account registration process will always be accurate, correct and up to date and you agree to update such information as needed. If you don’t, we might have to suspend or terminate your Account.

Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms.

YOUR OBLIGATIONS AS A MEMBER

As a Member, you agree to comply with the following:

  1. You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
  2. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BioMark of any unauthorized use of your password or email address or any breach of security of which you have become aware.
  3. Access and use of the Website is limited for the sole use of the Website by you for the purposes of BioMark providing the Services.
  4. You will not use the Services or Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of BioMark.
  5. You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
  6. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by BioMark for any illegal or unauthorized use of the Website.
  7. You acknowledge and agree that any automated use of the Website or its Services is prohibited.

CONSENT TO USE OF DATA

You agree that BioMark may collect, use, store, process, maintain, upload, sync, transmit, share, disclose and use your Personal Data (as defined in the Privacy Policy) that will be derived from the analysis of your blood sample and the data you will provide when using the BioMark Website (collectively, “User Data”) to facilitate the provision of the services or functionality of the Website, including but not limited other services to you related to the Website or to otherwise improve BioMark’s ability to provide other services (if any) to you related to the Website. You acknowledge that use of the Website may result in User Data being transmitted or disclosed to or accessed by BioMark and other third parties in accordance with BioMark’s Privacy Policy, including any transfer of User Data outside of Singapore. BY REGISTERING AS A MEMBER, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, USE, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use the Website, you indicate your continued consent to such collection, use, storage, processing maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as collection, storage, transmission and use of data of the type and in the manner described in the BioMark’s Privacy Policy on the Website.

RETENTION OF BLOOD SPECIMEN

BioMark may choose to save your collected blood specimen for a maximum period of five (5) years, should you wish to have additional testing in the future. If you wish to have your collected specimen discarded, you can email us at hello@biomarking.com.

SECURITY AND CONFIDENTIALITY

We afford the same degree of confidentiality to medical information stored on the Website as is given to health information stored by BioMark in any other medium. BioMark is committed to protecting the confidentiality of your health information. We limit our employees’ access and ability to enter or view health information based upon their role in your care. We have taken steps to make all health information we receive as secure as possible against unauthorized access, use, or disclosure.

GENERAL DISCLAIMER

You expressly acknowledge and agree that use of the Website and your reliance on the operation, output or results of the Website is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Website and any services are provided “as is” and “as “available”, with all faults and without warranty of any kind, and BioMark hereby disclaims all warranties and conditions with respect to the Website and any Website services, either express, implied or statutory, including but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, or accuracy, of quiet enjoyment, and non-infringement of third party rights. BioMark does not warrant against interference with your enjoyment of the Website, that the functions contained in, or Website services performed or provided by, the Website will meet your requirements, that the operation of the Website or Website services will be uninterrupted or error-free, or that defects in the Website or Website services will be corrected. No oral or written information or advice given by BioMark, its authorized representatives, or its partners shall create a warranty. Should the Website or Website services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or conditions or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

LINKS TO THIRD PARTY WEBSITES

The Website provides links to other websites, mobile applications, or content that are not owned or controlled by BioMark, including BioMark’s partners, sponsors or other providers ("Third Party Providers"). These links are intended to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the Third Party Provider that controls this type of content and such links are offered only as a convenience to you. BioMark is not responsible for the content, security or the privacy practices of Third Party Providers. Please review the privacy statement and any terms of use of each Third Party Providers you use. Unless we specifically advise you otherwise, links to Third Party Providers do not constitute or imply endorsement by the BioMark of those sites, the information they contain or any products or services they describe.

LIMITATION ON LIABILITY

You expressly understand and agree that BioMark, its affiliates, employees, agents, contributors and licensors shall not be liable to you, to the fullest extent allowed by law, for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit ( whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

PROHIBITED ACTIVITY

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms : (a) signing on as or pretending to be another person; (b) using secure messaging for any purpose in violation of local, state, national, international laws or posted BioMark policies; (c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including BioMark personnel) or entity as determined by BioMark in its sole discretion; (e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (f) collecting information about others, including e-mail addresses; (g) intentionally distributing viruses or other harmful computer code; and (i) BioMark expressly reserves the right, in its sole discretion, to terminate a User's access to the Website due to any act delineated above, or any act that would constitute a violation of these Terms.

COPYRIGHT AND INTELLECTUAL PROPERTY

The Website, the Services and all related products of BioMark are subject to copyright. The material on the Website is protected by copyright under the laws of Singapore and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BioMark or its contributors.

All trademarks, service marks and trade names are owned, registered ad/or licensed by BioMark, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are Member to:

  1. Use the Website pursuant to Terms
  2. copy and store Website and material contained in the Website in your Device’s cache memory and,
  3. Print pages from the Website for your own personal and non-commercial use. BioMark does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by BioMark.

BioMark retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

  1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. A right to use or exploit a business name, trading name, domain name, trade mark, or industrial design or,
  3. A thing, system or process that is the subject of a patent, registered design, or copyright ( or an adaptation or modification of such a thing, system or process), to you.

You may not without the prior written permission of BioMark and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or Third Party Services for any purpose, unless otherwise provide by these Terms. This prohibition does not extend to the materials on the Website which are freely available for re-use or are in the public domain.

COMPETITORS

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of BioMark. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision BioMark will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such breach.

INDEMNITY

You agree to indemnify BioMark, its affiliates, employees, agents, contributors, and third party content providers and licensors from and against any breach by you of the Terms.

OWNER

The Owner of the Website is BioMark Pte Ltd. If you have any questions about the Website, please send an email to hello@biomarking.com.

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