SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

Perjanjian Penggunaan SwipeRx

  1. Perkenalan
    1. SwipeRx adalah sebuah Platform media sosial online untuk para profesional di bidang farmasi, antara lain apoteker, asisten apoteker, pemilik usaha farmasi, dan pihak lainnya yang berkepentingan di bidang farmasi. Tujuan utamanya adalah membantu mempromosikan pengaksesan informasi dan mendorong kerjasama antar sesama pengguna professional di bidang farmasi.
    2. Dengan menggunakan aplikasi SwipeRx (“App”), dan mengakses website SwipeRx (“Situs”) atau aplikasi lain (“Layanan”) yang disediakan oleh mClinica Pte. Ltd. (dengan ini disebut “mClinica”), bagaimanapun cara aksesnya, Anda setuju untuk terikat dengan persyaratan yang diajukan dalam Perjanjian Pengguna SwipeRx atau “Syarat dan Ketentuan”. App dan Situs ini dimiliki dan dikontrol oleh mClinica. Jika Anda tidak setuju untuk terikat oleh Perjanjian Penggunaan SwipeRx ini, Anda tidak diijinkan menggunakan App atau Situs ini.
    3. Perjanjian Penggunaan SwipeRx ini berlaku untuk pengguna yang telah meregistrasi diri di App atau Situs, atau telah menggunakan App atau Situs.
  2. Hak dan Kewajiban Pengguna
    Pengguna harus:
    1. Bertanggung jawab untuk semua aktifitas yang berlangsung melalui akun Pengguna, dan Pengguna setuju untuk tidak menjual, memindah namakan atau menugaskan dan memberi hak akses ke akun tersebut.
    2. Tidak mengiklankan atau mempromosikan obat apa saja di dalam App atau Situs yang tidak sesuai dengan hukum yang berlaku mengenai periklanan obat.
    3. Bertanggung jawab untuk menjaga keamanan akun.
    4. Menjamin bahwa semua informasi yang diberikan atau disediakan kepada mClinica, App atau Situs saat pendaftaran dan pada lain waktu, adalah benar, akurat, terkini dan lengkap dan Pengguna setuju untuk memperbarui informasi yang diperlukan untuk mempertahankan kebenaran dan akurasi.
    5. Mempertahankan informasi identitas pribadi yang perlu dirahasiakan dan tidak membagikan informasi tersebut di App atau Situs.
    6. Tidak mengganggu Layanan dari App atau Situs, server, ataupun jaringan koneksi layanan mClinica dengan, termasuk tapi tidak terbatas dengan, transmisi segala macam worm, virus, spyware, malware atau komputer program lainnya yang bersifat merusak ataupun mengakibatkan gangguan.
    7. Tidak mendukung atau memfasilitasi pelanggaran Syarat dan Ketentuan ini.
    8. Menjamin hak untuk meng-upload atau berbagi konten yang di upload ke App, Situs atau Layanan dan Pengguna tidak melanggar hukum dan peraturan, atau melanggar hak-hak milik pihak ketiga.
    9. Tidak berbagi atau menyebarkan ke atau dari App, Situs atau Layanan: (a) apapun yang melanggar hukum, mengancam, fitnah, tidak senonoh, pornografi, atau materi atau konten lain yang akan melanggar hak publisitas dan/atau privasi yang akan melanggar hukum; (b) setiap materi komersial atau konten (termasuk, tetapi tidak terbatas pada, permintaan dana, iklan, atau pemasaran barang atau jasa apa pun); (c) materi atau konten apa pun yang melanggar, menyalahgunakan atau melanggar hak cipta, merek dagang, hak paten atau hak kepemilikan lainnya dari pihak ketiga mana pun; dan (d) setiap materi yang tidak pantas atas dasar kepentingan publik, moralitas publik, ketertiban umum, keamanan publik, keharmonisan nasional, atau dilarang oleh hukum yang berlaku.
    10. Menjamin dengan menggunakan atau mengakses Situs, App atau Layanan, bahwa seluruh kegiatan yang dilakukan oleh Pengguna sah pada setiap yurisdiksi di mana Pengguna mengakses atau menggunakan App, Situs atau Layanan.
    11. Menjamin bahwa informasi yang mereka berikan tentang diri mereka saat memilih jenis pengguna pada saat pendaftaran, dan kemudian dari menu “Profil” App atau Situs, benar dan lengkap, dan Pengguna setuju untuk memperbarui informasi yang diperlukan untuk mempertahankan kebenaran dan akurasi.
    12. Menjamin dan memenuhi kriteria berikut untuk setiap jenis pengguna yang dipilih:
      1. Apoteker – ketika Pengguna memilih dan menunjukan dirinya sebagai “Apoteker”, Pengguna menjamin bahwa Pengguna adalah Apoteker terdaftar sesuai peraturan negara dimana Pengguna berdomisili, dan bahwa Pengguna memiliki lisensi aktif untuk mempraktikan dan membawa hak dan tanggung jawab masin-masing sebagai apoteker yang terlisensi.
      2. Asisten Apoteker – ketika Pengguna memilih dan menunjukan dirinya sebagai “Asisten Apoteker”, Pengguna menjamin bahwa Penguna diizinkan untuk bekerja di Apotek dan melakukan aktivitas masing-masing sebagaimana diatur oleh peraturan dimana Pengguna bekerja.
      3. Mahasiswa Farmasi – ketika Pengguna memilih dan menunjukan dirinya sebagai “Mahasiswa Farmasi”, Pengguna menjamin bahwa mereka terdaftar di institusi, yang apabila sudah selesai, akan memberikan mereka izin untuk bekerja di Apotek.
      4. Pemilik Apotek – ketika Pengguna memilih dan menunjukan dirinya sebagai “Pemilik Farmasi”, Pengguna menjamin bahwa Pengguna memiliki saham, atau adalah pemilik tunggal Apotek, atau tempat komersial lainnya yang terlibat dalam penjualan obat-obatan, kosmetik, atau produk kesehatan lainnya yang terdaftar.
      5. Manajer Apotek – ketika Pengguna memilih dan menunjukan dirinya sebagai “Manajer Apotek”, Pengguna menjamin bahwa mereka bertanggung jawab atas pengelolaan beberapa, atau semua aktivitas bisnis Apotek, atau tempat komersial lainnya yang terlibat dalam penjualan obat-obatan, kosmetik, atau produk kesehatan lainnya yang terdaftar.
    13. Mengakui bahwa akses ke semua fitur SwipeRx adalah gratis untuk Pengguna yang memenuhi syarat.
    14. Setuju bahwa mClinica tidak bertanggung jawab atas segala aktivitas yang dilakukan oleh Pengguna dalam App atau Situs, termasuk tetapi tidak terbatas pada (i) penjualan barang; (ii) memberikan informasi yang menyesatkan atau salah; dan / atau (iii) setiap aktivitas kriminal di setiap yurisdiksi tempat Pengguna mengakses atau menggunakan Aplikasi, Situs, atau Layanan. mClinica hanya menghubungkan Pengguna satu sama lain, dengan pihak ketiga dan pemangku kepentingan terkait lainnya dan bukan merupakan pihak untuk setiap transaksi antara Pengguna dan pemasok pihak ketiga atas barang yang telah diajukan dan / atau menerima permintaan tawaran oleh Pengguna. Pengguna bertanggung jawab untuk menghubungi pemasok pihak ketiga apa pun untuk pengaturan komersial atau non-komersial.
    15. Setuju bahwa IAI (Ikatan Apoteker Indonesia) tidak bertanggung jawab atas segala aktivitas yang dilakukan oleh Pengguna dan mClinica dalam App atau Situs, termasuk tetapi tidak terbatas pada (i) penjualan barang; (ii) memberikan informasi yang menyesatkan atau salah; dan / atau (iii) setiap aktivitas kriminal di setiap yurisdiksi tempat Pengguna mengakses atau menggunakan Aplikasi, Situs, atau Layanan. IAI (Ikatan Apoteker Indonesia) tidak menyetujui atau mengakui dan tidak bertanggung jawab atas konten yang di App, Situs, atau Layanan terkecuali program Pendidikan CPD khusus untuk pengguna apoteker Indonesia.
    16. Segera hubungi Dukungan Pelanggan SwipeRx jika Pengguna mengetahui (i) permintaan mencurigakan dari siapa pun yang mengaku berasal dari mClinica dan meminta pembayaran dalam bentuk apa pun dari Pengguna; atau (ii) konten apa pun yang tidak pantas untuk diunggah di App, Situs, atau Layanan.
    17. Pengguna mengakui bahwa mClinica tidak menerima pembayaran dalam bentuk apa pun dari pengguna. Pengguna dapat diminta untuk membayar kembali pinjaman yang telah disetujui Pengguna berdasarkan perjanjian pinjaman yang dilaksanakan antara Pengguna dan “PT Mitrausaha Indonesia Grup” (Modalku), mitra pembiayaan pihak ketiga dari mClinica. PT Mitrausaha Indonesia Grup (Modalku) adalah Penyedia Layanan Pinjaman Berbasis Teknologi Informasi (Penyelenggara Layanan Pinjam Meminjam Uang Berbasis Teknologi Informasi) Indonesia yang telah terdaftar dan diawasi oleh Otoritas Jasa Keuangan Republik Indonesia di bawah Peraturan Otoritas Jasa Keuangan Nomor 77/POJK.01/2016 tentang Layanan Pinjaman Berbasis Teknologi Informasi sesuai dengan Surat Terdaftar Nomor S-2493/NB.111/2017 tanggal 31 Mei 2017.
  3. Hak dan Kewajiban mClinica
    mClinica harus:
    1. Berhak untuk mengubah atau menghentikan Layanan atau akses Pengguna ke App, Situs, atau Layanan jika mereka yakin bahwa Pengguna telah melanggar persyaratan dan ketentuan ini, tanpa pemberitahuan, kapan saja, dan tanpa kewajiban kepada Pengguna.
    2. Berhak untuk menggunakan, membagikan, atau menghapus konten yang terdapat di App atau Situs tanpa pemberitahuan sebelumnya kepada Pengguna.
    3. Berhak merubah Perjanjian Penggunaan SwiperRx atas kebijakannya sendiri dari waktu ke waktu.
    4. Menginformasikan Pengguna tentang setiap perubahan yang signifikan terhadap Perjanjian Penggunaan SwipeRx ini, dan akan menjadi tanggung jawab Pengguna untuk memperbarui dirinya atau personelnya drai setiap perubahan pada Perjanjian Penggunaan ini.
  4. Pelanggaran Pernjanjian Penggunaan SwipeRx
    1. Pelanggaran Perjanjian Pengguna ini dapat, atas kebijakan mClinica sendiri, mengakibatkan penghentian akun SwipeRx Pengguna.
    2. Pengguna memahami dan menyetujui bahwa mClinica tidak dapat dan tidak akan bertanggung jawab atas kebenaran atau keakuratan konten yang diposting di Aplikasi.
    3. Jika Pengguna melanggar Perjanjian Pengguna ini, atau menciptakan risiko, mClinica dapat berhenti menyediakan semua atau sebagian dari Aplikasi, Situs dan / atau Layanan kepada Pengguna, dan atas kebijakannya sendiri, menghapus konten apa pun yang dibagikan di App atau Situs tanpa pemberitahuan sebelumnya untuk Pengguna.
  5. Batasan Tanggung Jawab/
    1. Pengguna memahami dan menyatakan setuju bahwa penggunaan App, Situs dan / atau Layanan ini adalah risiko tunggal Pengguna. Baik mClinica, afiliasi maupun dari karyawan masing-masing, agen, penyedia konten pihak ketiga atau pemberi lisensi menjamin bahwa penggunaan situs tidak akan terganggu atau bebas dari kesalahan; juga tidak memberikan jaminan untuk (i) hasil yang dapat diperoleh dari penggunaan situs ini, atau (ii) akurasi, kehandalan atau isi dari informasi, melalui situs ini, App, Situs atau Layanan.2.App, Situs ini dan / atau Layananyang diakses dengan “sebagaimana adanya” merupakan dasar tanpa jaminan apapun, baik tersurat maupun tersirat, termasuk, namun tidak terbatas pada, jaminan hak atau jaminan tersirat dapat diperjualbelikan atau sejenisnya untuk tujuan tertentu.
    2. App, Situs ini dan / atau Layananyang diakses dengan “sebagaimana adanya” merupakan dasar tanpa jaminan apapun, baik tersurat maupun tersirat, termasuk, namun tidak terbatas pada, jaminan hak atau jaminan tersirat dapat diperjualbelikan atau sejenisnya untuk tujuan tertentu.
    3. Sejauh yang diizinkan oleh hukum, penolakan kewajiban ini berlaku untuk setiap kerusakan atau cedera yang disebabkan oleh kegagalan kinerja, kesalahan, kelalaian, gangguan, penghapusan, kerusakan, penundaan pengoperasian atau transmisi, virus komputer, kegagalan saluran komunikasi, pencurian atau perusakan atau akses tidak sah, perubahan dari, atau penggunaan rekaman, baik untuk pelanggaran kontrak, perilaku menyakitkan, kelalaian, atau tindakan di bawah penyebab lainnya. Dalam hal apapun mClinica, atau orang atau badan yang terlibat dalam menciptakan, memproduksi atau mendistribusikan App, Situs dan/atau Layanan ini atau isi dokumen ini, menjadi tanggung jawab untuk kerugian, termasuk, tanpa batasan, langsung, tidak langsung, insidental, khusus, konsekuensial atau ganti rugi yang timbul dari penggunaan atau ketidakmampuan untuk menggunakan App, Situs dan/atau Layanan ini. Pengguna dengan ini mengakui bahwa ketentuan bagian ini berlaku untuk semua konten di App, Situs dan/atau Layanan.
    4. Selain persyaratan yang ditetapkan di atas, baik mClinica, atau afiliasinya, penyedia informasi atau mitra konten bertanggung jawab terlepas dari penyebab atau durasi, untuk setiap kesalahan, ketidakakuratan, kelalaian, atau kerusakan lainnya, atau ketidakpastian waktu atau kurangnya keaslian, dari informasi yang terkandung dalam App, Situs dan/atau Layanan ini atas keterlambatan atau gangguan dalam transmisi pembatalan kepada pengguna akhir, atau untuk setiap klaim atau kerugian yang timbul atau penyebab yang ada.
  6. Pembaharuan dan Penghentian.
    1. Pengguna dapat menghentikan penggunaannya atas Aplikasi dengan menghapus Aplikasi atau berhenti menggunakan Layanan setiap saat. Untuk menghapus akunnya, Pengguna harus mengajukan permintaan tertulis kepada Petugas Perlindungan Data kami di [email protected] mClinica dapat kapan saja, segera mengakhiri akun Pengguna dan / atau akses ke Layanan dalam kasus-kasus berikut:
      1. jika ada kejadian penipuan atau aktivitas ilegal oleh Pengguna;
      2. jika ada pelanggaran terhadap Perjanjian Pengguna ini oleh Pengguna;
      3. permintaan oleh Pengguna untuk menghapus atau menghentikan akunnya;
      4. permintaan dan / atau perintah dari penegak hukum, badan peradilan, atau lembaga pemerintah lainnya;
      5. di mana penyediaan Layanan kepada Pengguna adalah atau dapat menjadi tidak sah;
      6. masalah atau masalah teknis atau keamanan yang tidak terduga; atau
      7. Kegagalan Pengguna untuk membayar biaya apa pun yang terhutang oleh Pengguna sehubungan dengan Layanan.
    2. Setelah penghentian akun Pengguna, Pengguna dapat kehilangan semua akses ke Layanan.
  7. Penyelesaian Sengketa

    Semua perselisihan, kontroversi atau klaim (“Sengketa”) antara Para Pihak harus diselesaikan secara damai. Jika setelah jangka waktu tiga puluh (30) hari sejak menerima pemberitahuan tertulis mengenai adanya Sengketa, Para Pihak gagal mencapai penyelesaian yang damai, Sengketa tersebut harus dirujuk dan diselesaikan dengan arbitrase yang mengikat di Singapura, sesuai dengan peraturan dari Singapura yang berlaku. Sidang pengadilan terdiri dari seorang juri tunggal yang ditunjuk bersama oleh Para Pihak. Tempat duduk pengadilan akan berada di Singapura. Para Pihak sepakat bahwa mandat pengadilan tetap berlaku sampai putusan pengadilan terakhir dikeluarkan oleh juri. Penghargaan pengadilan yang dibuat sesuai dengan Klausul ini bersifat final, mengikat, dan tidak dapat disangkal dan dapat digunakan sebagai dasar penghakiman di Indonesia atau di tempat lain. Ini harus mencakup penentuan pihak mana yang harus membayar biaya pengadilan. Masing-masing pihak tidak berhak untuk memulai atau mempertahankan tindakan di pengadilan atas masalah apapun dalam perselisihan yang timbul atau sehubungan dengan Perjanjian ini, kecuali untuk penegakan putusan juri. Semua proses pengadilan tersebut harus dalam bahasa Inggris. Perjanjian ini akan diatur oleh dan ditafsirkan sesuai dengan hukum Singapura. Pengguna melepaskan haknya untuk berpartisipasi dalam gugatan perkara hukum atau pengadilan.

  8. Penggantian Rugi

    Pengguna harus mengganti rugi dan terus mengganti kerugian Perusahaan terhadap setiap dan / atau semua biaya (termasuk biaya pengacara dan biaya hukum), kompensasi, biaya, klaim dan hukuman yang dikeluarkan atau dibayar oleh Perusahaan sebagai akibat dari (a) ketidakpatuhan terhadap setiap ketentuan Perjanjian ini dan / atau hukum yang berlaku oleh Pengguna; atau (b) setiap kesalahan atau kelalaian Pengguna.

  9. Penyerahan Tugas

    Perjanjian ini mengikat Para Pihak dan penerusnya masing-masing dan mengizinkan penugasan. mClinica berhak untuk mengalihkan hak dan kewajibannya berdasarkan Perjanjian ini kepada setiap orang / entitas lain tanpa perlu mendapatkan persetujuan dari Pengguna. Pengguna tidak akan mengalihkan hak dan kewajibannya berdasarkan Perjanjian ini kepada orang lain tanpa persetujuan tertulis dari mClinica.

Last updated: 11 Oktober 2018 – TD

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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

SwipeRx User Agreement

  1. Introduction
    1. SwipeRx 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. By 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. The term User shall include any person who has registered an account on the App or Site, or has used the App or Site.
  2. User’s Rights and Obligations.
    The User shall:
    1. Be 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. Not 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. Be responsible for keeping its account secure.
    4. Warrant 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. Maintain confidentiality of any personal identifiable information and shall not share such data in the App or Site.
    6. Not 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. Not encourage or facilitate the violation of this User Agreement.
    8. Warrant 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. Not 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. Warrant 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. Warrant 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. Warrant that it satisfies the following criteria for each user type selected, namely:
      1. 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. 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. Pharmacy Student – User is enrolled in an educational course, which upon satisfactory completion, gives User a right to work in a pharmacy;
      4. 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. 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. Acknowledge that access to all SwipeRx features are free of charge for eligible Users.
    14. Agree 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. Immediately 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. User 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. mClinica’s Rights and Obligations.
    mClinica shall:
    1. Reserve 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. Have the right to use, publish, or delete any content posted on the App or Site without prior notice to the User.
    3. Reserve its right to change this User Agreement at its sole discretion from time to time.
    4. Notify 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. Violation of User Agreement.
    1. Violation of this User Agreement may, in mClinica’s sole discretion, result in termination of the User’s SwipeRx account.
    2. User understands and agrees that mClinica cannot and will not be responsible for the veracity or accuracy of the content posted on the App.
    3. If 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. Limitation of Liability.
    1. User 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. This 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. To 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. In 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. Termination.
    1. The 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 [email protected] mClinica may at any time, immediately terminate the User’s account and/or access to the Services in the following cases:
      1. if there is any incidence of fraud or illegal activity by the User;
      2. if there is any violation of this User Agreement by the User;
      3. a request by the User to delete or terminate its account;
      4. a request and/or order from law enforcement, a judicial body, or other government agency;
      5. where provision of the Services to the User is or may become unlawful;
      6. unexpected technical or security issues or problems; or
      7. the User’s failure to pay any fees owed by the User in relation to the Services.
    2. Upon termination of a User’s account, the User may lose all access to the Services.
  7. Dispute 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. Indemnification.

    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. Assignment.

    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