By accepting this agreement or accessing or using the service, you are bound to the terms and conditions of this agreement.
If you are using any service as an employee, agent, or partnership, then you represent and warrant that you have the authority to sign for and bind such entity in order to accept the terms of this agreement. The rights granted under this agreement are expressly conditioned upon acceptance by such authorized personnel.
Modifications to this Agreement: This Agreement may be supplemented, amended, or modified by Cal4Care Pte Ltd as they see fit. Unless otherwise specified by Cal4Care, changes become effective upon renewal or entry into a new Service Order. Cal4Care will use reasonable efforts to notify Customers of changes via email.
The “Effective Date” of this Agreement is the date on which the Customer initially accesses any Service through any online provisioning, registration or order process. This Agreement will govern the Customer’s initial purchase on the Effective Date as well as any future purchases made by the Customer that reference this Agreement.
Provision of Service
Cal4Care will make the Services and Software available to the Customer pursuant to this Agreement. During the Subscription Term, Cal4Care grants the Customer a limited, non-exclusive right to access and use its Services and Software, including the right to download, install and use the Mobile Apps in connection with the authorized use of the Services.
1. Customer Account
The Customer may need to place orders to access or receive the Services. The Customer will be responsible for maintaining the confidentiality of user login information and credentials for accessing the Services. Cal4Care will not be liable for any damage or loss that may result from Customer’s breach of the foregoing obligations.
2. Use Restrictions
The Customer agrees not to use the Service and Software application (as defined below) to
send unsolicited communication, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of spamming or other laws; decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of the Service and Software application; modify, adapt, or hack, or otherwise gain or attempt to gain unauthorized access to the Service and Software application.
Without limiting the foregoing, the Customer is solely responsible for ensuring that their use of the mConnect is compliant with all applicable laws and regulations.
1. Use of Customer Data
Subject to the terms of this Agreement, the Customer hereby grants Cal4Care a non-exclusive, worldwide, royalty-free right to process the Customer Data solely to the extent necessary to provide the Services, Software, Mobile Apps, and perform all related obligations owed to Customer under this Agreement, or as may be required by law.
2. Data Security
Cal4Care will use appropriate technical and organizational measures in the Services to protect the Customer Data from unauthorized access, processing, loss, or disclosure. The Customer understands that Cal4Care will process Customer Data (Cloud Subscription based) in accordance with applicable data protection laws, this Agreement, including the Privacy Notice.
1. Ownership Rights
Customer Data is the Customer’s Confidential Information under this Agreement. The Customer acknowledges that the Services are offered as online, hosted solutions, and that the Customer has no right to obtain a copy of the underlying computer code for any Services. 2. Usage Data
Usage Data includes but is not limited to query logs, and any data (other than Customer Data) relating to the operation, support and/or about the Customer’s use of the Services and Software (“Usage Data”). Notwithstanding anything to the contrary in this Agreement, Cal4Care may collect and use Usage Data to develop, improve, support, and operate its products and services. Cal4Care will not share Usage Data that includes Customers’ Confidential Information with a third party for product development.
For the protection of our customers, Cal4Care may update the Services and Software as they seem fit and the Customer may receive notifications of Updates. Any Updates to the Services and Software are subject to this Agreement.
Fees and Payment
No in-app purchase required. The Customer may purchase use of Services and Software from Cal4Care Pte. Ltd.
The Customer is responsible for the use of the Services and is subject to complete and ongoing compliance with these Terms. Cal4Care grants the customer limited, non-transferable, non-sublicensable, revocable permission to access and use the Services.
Termination and Suspension
Either party may terminate the Subscription by written notice to the other party. Such termination will result in disablement of your account and access to it. Please refer to mConnect Software license agreement for termination clauses.
Cal4Care may suspend performance or terminate your Subscription for any of the following reasons:
- Material breach of the Terms and failure to cure that breach within 30 days of receiving a written notification of mentioned breach by Cal4Care;
- Cease of customer’s business operation or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days;
- Failure to settle fees for 30 days past the due date.
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure. Except as otherwise expressly permitted pursuant to this Agreement, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement, and will disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse, such Confidential Information.
Apps are provided to licensee “as is” and without warranties. Licensor makes no warranty as to its use or performance to the maximum extent permitted by applicable law, licensor, and its affiliates, suppliers and resellers, disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to software, and the provision of or failure to provide support services.
Except as expressly provided in this saas services agreement, and to the maximum extent permitted by law, neither party makes any warranties to the other party, and each party disclaims all warranties, oral or written, express, implied or statutory, with respect to its performance under this agreement, fitness for a particular purpose, non-infringement and implied warranties arising from any course of dealing, course of performance or usage in trade.
Limitation of Liability
Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Provider’s maximum liability for any damages arising out of or related to this agreement or your order, whether in contract or tort, or otherwise, shall be limited to the amount of the fees you paid provider under this agreement, and if such damages result from your use of programs or services, such liability shall be limited to the fees you paid the provider for the deficient program or services giving rise to the liability.