HealthTrack SG Terms of Use (“ToU”)

1. Introduction
   1. The HealthTrack SG Mobile Application (“App”), HealthTrack SG Doctor’s Dashboard (“Dashboard”), and www.healthtrack.gov.sg (“Website”) (collectively, “HealthTrack SG” or the “Programme”) form part of a health and wellness initiative offered by the Health Promotion Board (“HPB”), in collaboration with Google, ConnectedLife Pte Ltd (“ConnectedLife”), and Fullerton Health Pte Ltd (“Fullerton Health”). Through HealthTrack SG, HPB endeavours to help improve the management of chronic conditions through continuous monitoring of health and lifestyle habits. It is, however, incumbent upon the individual participants to actively engage with and make informed choices concerning their personal health and wellbeing. For the purposes of these ToU, ‘Programme Partners’ refers collectively to HPB, ConnectedLife, Fullerton Health, and Google.
   2. Please read these Terms of Use (“ToU”) carefully before using the App, Dashboard and/or Website. By accessing or using HealthTrack SG, you agree to be bound by these ToU as they may be modified or amended from time to time. HPB reserves the right to revise these ToU at its sole discretion, and such amendments shall take effect immediately upon being posted on HealthTrack SG. Your continued use of HealthTrack SG thereafter constitutes your acceptance of any such amendments. HPB may update or change information, and may improve or modify the products, services or programmes described in these ToU, including by releasing updated versions of HealthTrack SG, at any time and without prior notice.
   3. In these ToU, references to
      1. “HPB” may, where the context so requires, include its Programme Partners in relation to their respective roles in the Programme; and
      2. “Programme Participants” includes you, as a participant of the Programme.
2. Liability
   1. All information contained in HealthTrack SG is provided on an “AS IS” and “as available” basis, without any express or implied warranties of any kind, including but not limited to, warranties about the accuracy, completeness, currentness, merchantability, non-infringement or suitability for any purpose of the information in HealthTrack SG, and without any support or any other services by HPB. The data set out herein and in HealthTrack SG is for informational purposes only, and no warranty is made that the information is error free. To the extent permitted under law, HPB excludes all conditions, warranties, representations, or other terms which may apply to HealthTrack SG, whether express or implied. Please be aware that HPB assumes no responsibility for the content, products, or services available on any external platforms, applications, websites, or locations that are not part of HealthTrack SG, regardless of whether you access them via a provided link or through your own navigation. HPB does not control, endorse, promote or have any affiliation with any other website or software application (including mobile applications) unless expressly stated herein.
   2. HPB does not guarantee that access to HealthTrack SG shall be uninterrupted or error free. To the fullest extent permitted by applicable laws, HPB on behalf of its directors, officers, employees, agents, suppliers, licensors and service providers, excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use; loss of data; loss caused by a virus; loss of opportunity, business, revenue, income or profit; loss of or damage to property; claims of third parties; or other losses of any kind or character, even if HPB has been advised of the possibility of such damages or losses, arising out of or in connection with the use of HealthTrack SG or any other App, Dashboard and/or Websites with which they are linked, or any products or services available on HealthTrack SG. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. HPB does not guarantee or warrant those files accessed on, and/or available for downloading from, HealthTrack SG are or shall be free of computer viruses, worms, Trojan horses or other contaminating or destructive properties. You shall access and download information from HealthTrack SG at your own risk.
   3. The health information and other information on HealthTrack SG are general in nature. It is provided as a public service and for information purposes only. This information does not constitute, nor is it a substitute for, medical advice, legal advice or professional services. As part of HealthTrack SG, you will engage with doctors and other relevant medical professionals at participating clinics of Fullerton Health or those appointed by HPB to receive medical consultations and a personalised Wellness Plan.
   4. The health information and other content available on HealthTrack SG is designed to support your participation as part of your journey with HealthTrack SG and to complement, not replace, advice provided by medical professionals. While this information is made available as a free public service and for general guidance, it should not be regarded as medical advice, legal advice, or a substitute for professional healthcare services. As a participant in HealthTrack SG, you are expected to actively engage with doctors and other relevant medical professionals at participating Fullerton Health clinics for consultations and the development of a personalised Wellness Plan. It is important to use your best efforts to follow the instructions provided by your doctors and to comply with the mechanics of the Programme.
   5. Outside of your scheduled programme initiatives, HealthTrack SG’s health information is intended to support, but not replace, regular engagement with your healthcare providers. Should you have any specific health concerns or queries, you must consult your doctor or an appropriate medical professional, as they are best placed to offer diagnosis and treatment tailored to your needs. You should not rely solely on the information provided through HealthTrack SG for self-diagnosis, nor should you disregard or delay seeking medical advice because of anything you read on or through HealthTrack SG. HPB shall not be responsible, under any theory of liability or indemnity, for your use of or reliance on HealthTrack SG in lieu of professional medical advice or in contravention of instructions provided by your healthcare professionals.
   6. To the extent allowed by law, HPB and Programme Partners (including but not limited to ConnectedLife, Fullerton Health, and Google) do not provide any express or implied warranties and are not responsible for damages resulting from use of the Programme or App. Except where prohibited by law, Google, ConnectedLife, Fullerton Health, and HPB are not liable for claims, losses, liabilities, damages, costs, or expenses (whether contractual or tortious), breach of statutory duty, loss of revenue, profits, or use, whether direct or indirect, even if anticipated, arising from or related to the use of HealthTrack SG or the App. This includes third-party product liability claims, claims relating to compliance with legal or regulatory requirements, consumer protection, intellectual property infringement, or special, consequential, or incidental damages.
3. Links to Third Party Websites
   1. HPB may provide links to other websites, which we believe may be of interest to you, owned and/or operated by third parties who are not related or affiliated to the HPB (“Linked Websites”). The Linked Websites are provided for your convenience and information only, and the inclusion of any Linked Websites does not imply any endorsement or approval of the Linked Websites by HPB.
   2. HPB does not control or have any supervision over, and is not responsible for, the content, hyperlink, accuracy or privacy policies of any of the Linked Websites and makes no representation or warranty with respect to the content thereof. You use the Linked Websites entirely at your own risk. HPB is not a party to any transaction or arrangement between you and any of the Linked Websites. Your use of the Linked Websites is subject to the terms and conditions of such Linked Websites (if any), in addition to the terms and conditions herein. If there is any inconsistency, the terms and conditions herein shall supersede.
   3. HPB shall not be liable or responsible in any way for any Programme Participant generated content. HPB does not have any control or supervision over, and is not responsible for, what Programme Participants access through HealthTrack SG and is not responsible for any inappropriate, offensive, obscene, infringing, unlawful or otherwise objectionable or illegal Programme Participant generated content you may encounter on HealthTrack SG or arising from your use of HealthTrack SG.
   4. HealthTrack SG may also contain third party advertisers (that may or may not contain embedded hyperlinks or referral buttons to Linked Websites). The display of such advertising does not in any way imply a recommendation or endorsement by HPB of the relevant advertiser, its products or services or any such Linked Website. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law, HPB accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
   5. An exception to the above is the inclusion of HealthTrack SG eligibility checker, hosted by ConnectedLife, and the appointment booking link provided by Fullerton Health. These are official components of the Programme and are provided to support Programme Participants.
4. Data

   Information and/or data collected under HealthTrack SG (“Programme Data”) shall be treated in accordance with our Privacy Statement and your PPA. In using HealthTrack SG, you acknowledge and agree to be bound by the Privacy Statement and the PPA as they may be modified and/or amended from time to time. HPB reserves the right to make changes to the Privacy Statement and your PPA. Amendments shall take effect immediately when posted on HealthTrack SG.

5. Proprietary Rights & Restricted Use
   1. Unless otherwise stated, all content on HealthTrack SG is owned by HPB. All trademarks, brand names, product names, domain names, designs, logos, marks and titles and copyrights and other proprietary rights used on HealthTrack SG ("Intellectual Property") are the property of their respective holders. Nothing on HealthTrack SG grants you any right or license to use any of the Intellectual Property on HealthTrack SG without the express written permission of HPB or the third-party owners of the Intellectual Property. Unauthorised use may violate trademark, intellectual property and other laws. Subject to 5b, no permission is given in respect of your use of any such Intellectual Property and such use may constitute an infringement of the holder's rights.
   2. HealthTrack SG is not endorsed by, directly affiliated with, maintained, authorized, or sponsored by any companies referenced in HealthTrack SG or whose products or services are referenced in HealthTrack SG. The use of any third-party trademark, brand name, product name or mark within HealthTrack SG is for reference purposes only and does not imply any affiliation with or endorsement by the owner of the trademark, brand name, product name or mark. Any trademark, brand name, product name or mark and any names of related products and services are the trademarks of their respective owners. You may print a copy of the information contained in HealthTrack SG for your personal use only.
   3. In addition, HealthTrack SG, including but not limited to graphics, Programme Participant interface, audio clips, video clips, scripts, source and object code, proprietary information, materials and any content made available through HealthTrack SG are the property of HPB and/or its licensors, and are protected by applicable intellectual property and other laws, including but not limited to copyright and trade secret. All features of the HealthTrack SG including the App and Website are licensed, not sold, to you. In this regard, you are granted a non-transferable, non-exclusive license (without the right to sublicence) to (i) use HealthTrack SG solely for your personal, non-commercial purposes, and (ii) install and use the App, solely on a smartphone owned or controlled by you. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You may utilise HealthTrack SG only as permitted by these ToU. You may not, and shall not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of HealthTrack SG; (2) use or merge HealthTrack SG, or any component or element thereof, with other software, databases or services not provided by HPB; (3) sublicense, distribute, sell or otherwise transfer the App to any third party; (4) use HealthTrack SG as a service bureau, or lease, rent or loan HealthTrack SG to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of HealthTrack SG; (6) interfere in any manner with the operation of HealthTrack SG; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to HealthTrack SG; (8) create a database by systematically downloading and storing HealthTrack SG; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, ”data mine” or in any way gather HealthTrack SG or reproduce or circumvent the navigational structure or presentation of HealthTrack SG without HPB’s express prior written consent; or (10) use HealthTrack SG for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with HealthTrack SG. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in HealthTrack SG.
   4. The information you submit as part of your registration, and any data, text, and other material that you may submit or post to HealthTrack SG ("Programme Data") remain your intellectual property, and HPB does not claim any ownership of the copyright or other proprietary rights in such registration information and the Programme Data. Notwithstanding the foregoing, you agree that HPB may retain copies of all registration information and the Programme Data and use such information as reasonably necessary for or incidental to its operation of HealthTrack SG and as described in these ToU, the PPA and the Privacy Policy.
   5. You grant each of HPB, Google, ConnectedLife and Fullerton Health the non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty free, right and license to publish, distribute, publicly display and perform, use, host, store, index, transmit, copy, comment on, transform, create derivative works based upon, exhibit, reproduce, modify, adapt, translate, publicly perform, and otherwise exploit the Programme Data to develop and train HPB, Google, ConnectedLife and Fullerton Health’s artificial intelligence (AI) systems, health-related technologies or services developed to improve, refine, and support related features, services and models including but not limited to those used within HealthTrack SG.
   6. You understand and agree that any Programme Data that you submit must not include any content that you do not have permission, right or license to use. You accordingly warrant that all Programme Data you provide will be free of any restrictions, and you possess all necessary rights, permissions, and licenses to grant the use as specified in this ToU.
   7. In addition, you consent to HPB using photography, videography, or other image recording technologies ("Image Recording") to capture your images during your participation in HealthTrack SG, which may be used in various materials for publicity purposes ("Programme Materials"). HPB owns all rights, including intellectual property rights, to the Image Recordings and Programme Materials. HPB has the unrestricted right to publish, reproduce, adapt, and make available these Image Recordings and Programme Materials for publicity purposes connected with the Programme or any related activity, without further approval from or compensation to you.
   8. There are no geographical or temporal restrictions on the use of the Image Recordings or Programme Materials. You also agree to release HPB and its affiliates from any claims, damages, or liabilities arising from the use of these materials.
   9. HPB may require you to sign and when requested by HPB, you agree to sign additional releases regarding the use of these materials to further clarify the rights and obligations related to the use of such Image Recordings and Programme Materials.
6. Rights and Obligations of the Programme Participant
   1. By using HealthTrack SG, including registering for a participant of the Programme Participant Account, you represent and warrant that all information provided by you is true, accurate, current, and complete to the best of your knowledge and belief.
   2. HPB reserves the right to reject your interest to participate, suspend your use or terminate your account at any time without prior notice to you if you are in breach of these ToUs or for any other reason as determined by us at our sole and absolute discretion. If your account is withdrawn from HealthTrack SG, you may not sign up for it again unless otherwise determined by HPB in its sole discretion.
   3. Upon successful registration of your HealthTrack SG account and actively participating in the programme, you:
      1. agree to keep your account confidential and shall not permit others to use your account,
      2. shall update your account as and when there are any changes to your details, and
      3. shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
   4. You are solely responsible for any and all activities which occur under your account.
   5. In addition to any other rights HPB has under these ToU and for so long as your account is active, you acknowledge that we shall have the right, at our sole and absolute discretion, without any prior notice to you, to:
      1. subject to your PPA, access your account and its contents as and when we consider necessary for specific purposes, including but not limited to, identifying or resolving technical problems with your account;
      2. block your access to your full account and/or place your account in a dormant state for the purposes including investigating any breaches by you of these ToUs, or if we suspect that there is a compromise in the security of your account, or if you are deemed inactive in the Programme;
      3. suspend, discontinue, remove or disbar you from the use of your account should there be
         1. any breaches by you or suspicion of irregular transactions, fraud, in which event, you may be referred to the relevant law enforcement agencies for investigation (where necessary); or
         2. any suspicion of manipulation of the mechanics of any activity of HealthTrack SG. In these ToU, “manipulation” refers to any act, attempt or intentional engagement in practices that subvert, exploit, take advantage of any loophole relating to any HealthTrack SG activity or otherwise manipulate the intended functionality, policies, procedures of any part of HealthTrack SG; or
      4. subject to your PPA, discontinue or alter features of HealthTrack SG in the event of updated versions of HealthTrack SG.
7. You shall not:
   1. use any of our logos or any of the following names or slogans: 'HPB', 'Health Promotion Board', '保健促进局’, 'HealthTrack SG’
   2. hyperlink to any part of HealthTrack SG without written permission from HPB;
   3. reproduce or distribute the content in HealthTrack SG (including text, graphics, video, music or sound) to other persons;
   4. copy any content in HealthTrack SG onto another server except for the purpose of downloading your personal Wellness Plan for your own record after the Programme ends and access to the App is no longer available; or
   5. make any commercial use of HealthTrack SG, without the prior written make any commercial use of HealthTrack SG, without the prior written permission of HPB, and then only if all Intellectual Property are kept intact.
8. General
   1. In these ToU, unless the context otherwise requires, the headings are inserted for convenience only and shall not affect the construction of these terms and conditions.
   2. HPB retains the right to enter into, rescind or terminate any variation, waiver or settlement under these ToU is not subject to the consent of any third party. Any inquiries or complaints relating to the use of the HealthTrack SG must be directed to HPB by emailing hpb_mailbox@hpb.gov.sg or call HealthTrack SG Support at +65 1800 223 1313.
   3. If any provision of these ToU is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these ToU but without invalidating any of the remaining provisions of these ToU.
   4. No failure or delay by us in exercising any right or remedy provided by law under or pursuant to these ToU shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude our exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. HPB’s rights and remedies under or pursuant to these ToU are cumulative, may be exercised as often as it considers appropriate and are in addition to its rights and remedies under general law.
   5. These ToU and the relationship between you and HPB shall be governed by, and interpreted in accordance with, the laws of Singapore. You irrevocably agree to bring any legal action or proceedings arising out of or in connection with these ToU, HealthTrack SG or the App exclusively in the courts of Singapore. This stipulation does not prevent HPB from seeking to enforce any judgment in any other jurisdiction. Before initiating any legal action, you are required to engage in a formal dispute resolution process with HPB aimed at resolving disputes amicably:
      1. Notification: You must first notify HPB in writing of any issues or disputes arising from or related to the ToU or Programme, specifying the nature of the issue or dispute.
      2. Discussion Period: Following notification, a 30-day discussion period ensues, during which both parties shall engage in negotiations to attempt to resolve the dispute without litigation. This period may be extended by mutual agreement.
      3. Mediation: If the dispute is not resolved within the discussion period, the parties agree to participate in mediation administered by the Singapore Mediation Centre, under its then-current mediation procedures.
      4. Final Resolution: If mediation fails to resolve the dispute, you may then proceed to take legal action in the courts of Singapore.
      Failing to adhere to this dispute resolution procedure constitutes a breach of these ToU and may affect your right to seek legal remedies, at the discretion of the courts.
   6. Please review these ToU periodically on https://hpb.gov.sg/healthy-living/healthtracksg/terms for the latest changes and updates. To notify you of when these ToU were last revised, please refer to the Effective Date stated below.