Terms and Conditions
Article 1: introduction
Please read these terms and conditions (this “agreement”) in full. This agreement is between you (“you”) or “customer” are the original, end user purchaser of the various healthcare products & other items (“products”) that works in conjunction with our web site and the products/services associated with it (the “products/services”) and us (we are Singularity Limited, the company that sold the product to you). This agreement contains important terms, conditions, allocations of risk between you and us, and limitations of our liability to you that we want you to know about and applies to all of past, present, and future use of your device and the products/services, until modified or replaced by new terms and conditions. It is effective when you (1) have placed an order using our f-commerce or e-commerce platforms (2) log onto our web site (where a link to this agreement appears) and acknowledge this agreement, i.e., by signing below; (3) use the products/products/services; (4) purchase more products/products/services; or (5) accept, at any time, any of the benefits of the products/services. This agreement is not intended to give anyone else a right, remedy, or claim of any kind against you or us. Note: your product might be covered by a limited product warranty that is separate from this agreement.
Article 2: Changes to this agreement
Subject only to the limitations imposed upon us by our service providers or applicable law, we have the right, at our sole discretion, to modify this agreement and the products/services at any time, which includes (without limitation) the right to suspend the products/services. Changes to the agreement will be posted on our web site, which you agree to visit regularly, or may be sent to you via e-mail or postal mail. Your continued access of our web site and use of the products/services following posted notices of changes means that you have accepted and are bound by those changes.
Article 3: Payment
You pay for the products/services by a valid credit or debit card or cheques or such other method as we expressly approve. If you give us a credit or debit card number, you are authorizing us to charge it for the products/services and all amounts due under this agreement without further notice to you. If your credit or debit card provider refuses a charge, the orders/products/services can be terminated or suspended without notice. You assume exclusive liability for any and all taxes, tariffs, fees, duties, withholdings or like charges, whether domestic or foreign now imposed or hereafter becoming effective related to the products/services including, without limitation, all federal, provincial, state and local taxes, as well as all value-added, goods and products/services, stamp documentary, excise and property taxes and duties. Payments not received within 10 days of any applicable due date are past due and we, in our sole discretion. products/services will be disrupted without notice after the day of non-payment. Re-activation fees may apply!
Article 4: Cancellation
Orders placed do not provide for pro rata refunds of unused products/services. You won’t be entitled to a refund of the purchase price of your products, subject to your product warranty.
Article 5: Usage limitations
You may not resell the products/services. They are for your own reasonable end use consistent with your requirement. The products/services may only be used for unlawful purposes. You agree that we may use any credit or debit card or other payment account of yours that we have on file for payment of such charges.
Article 6: No transfer of the products/services
The products/services are not transferable by you, even if you are a commercial user. If you intend to transfer ownership, you agree that you will need to inform us well ahead.
Article 7: Suspension and termination of the orders/products/services
The orders/products/services may be suspended or terminated without prior notice to you for good cause without liability. This means, to give some examples, that the products/services can be terminated or suspended if you breach any part of this agreement, do not pay amounts that are due under this agreement, interfere with provision of the products/services, or use the products/services for any illegal or otherwise improper purpose. The products/services may also be terminated or suspended if the availability of communication products/services used by us ends (for example, as a result of the discontinuance of service by a delivery agents) or is interrupted (for example, as a result of telephone/telecommunications network or internet congestion)
The information we get about you includes things such as your address, phone number, email address, and other contact information. The information we may get from your use of the products/services includes things about your buying trend.
You agree that we can, subject to applicable law, use and share any of this information to: (a) provide the products/services to you; (b) assist emergency service providers, or others, as reasonably needed; (c) communicate with you about your account and collect payment; (d) check or maintain your products; (e) help support your end use, (f) develop new products and products/services and improve existing ones; (g) enforce this agreement; (h) prevent fraud, abuse, or misuse of the products/services; (i) comply with legal requirements, including valid court orders and subpoenas; or (j) protect the rights, property, or safety of you or others. You also agree that we and our service providers can, subject to applicable law, use this information: (a) to conduct market research; (b) to determine your eligibility for and offer you new or additional products and products/services that may be of interest to you; (c) to send you important product and service-related communications; and (d) to troubleshoot and improve the products/services. You also agree that we have all legal rights to use the data cumulatively which are being transmitted from your devices to our servers. This information will otherwise not be shared individually with third parties revealing your identity for their independent use without your consent.
We may also collect information from you or your device, or from your use of the products/services, aggregate that information, and use it with other aggregated information obtained from other persons (“aggregated information”). For example, we may use aggregated information to determine overall use of the products/services, identify usage patterns, and make product and service development decisions. We or our service providers own all rights in, and may share, aggregated information with any third party for any purpose without revealing your identity.
Because we provide service through wireless and other common carrier networks, we can’t promise that your communications won’t be intercepted by others. You agree we won’t be liable for any damages for any loss of privacy occurring in communication over such networks.
Article 9: Lost, Undelivered or stolen items
If your product is lost, undelivered or stolen, we can try to help you locate it, although we have no responsibility to do so, do not guarantee that it can or will be found, and do not guarantee the condition of your product. However, in case of undelivered products we shall provide full support to provide the latest status report.
Article 10: Breach of this agreement
You agree to indemnify and hold us and our parent corporation, affiliates, subsidiaries, employees, agents, and service providers harmless from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the products/services, breach of this agreement, or any act, error, or omission on your part or that of anyone who uses the products/services. This provision will continue to apply after the termination or cancellation of this agreement.
Article 11: Important limitations of our liability
These limitations of liability constitute waivers of important legal rights. In that regard, you acknowledge that these limitations are integral to the pricing of the products/services, and that, were we or our service providers to assume any further liability other than as set forth herein, our prices for the products/services would necessarily be substantially higher. Unless prohibited by applicable law, you agree as follows:
One, you expressly agree that operation and use of your device or the products/services is at your sole risk. Neither we nor our service providers shall have any liability resulting from, or in any way related to, the use of your device or the products/services. You agree that you will not in any way hold us or our service providers responsible for any selection or retention of, or the acts or omissions of, other parties in connection the products/services. You understand that you have no contractual relationship whatsoever with any of our service providers and are not a third party beneficiary of any agreement between us and our service providers, although they may be third party beneficiaries of this agreement. You waive any and all claims or demands you would have if you were a third party beneficiary of any agreement between us and our service providers.
Two, our and our service providers’ maximum, cumulative liability to you under any theory (including but not limited to fraud, misrepresentation, breach of contract, personal injury, or products liability) for any one or more related or unrelated claims is limited to an amount equal to three times what you paid for the products/services under this agreement as of the date of the earliest event giving rise to your claim(s).
Three, you agree, and we agree, not to make, and to waive to the fullest allowed by law, any claims for (1) punitive damages, (2) treble, consequential, indirect, lost profits, incidental or special damages regardless of whether or not either party was advised of the possibility of such damages, or (3) attorney’s fees. We both agree not to make, and to waive to the fullest extent allowed by law, any claim for damages other than direct, compensatory damages as limited in this agreement.
Four, neither we nor our service providers are liable to you if the products/services are interrupted, or for problems caused by or contributed to by you, your vehicle (including its electrical system), by any third party, by buildings, hills, tunnels, telecommunications network congestion, weather, interference with satellite transmissions or any other things neither we nor our service providers control. Notwithstanding anything else in this agreement, you agree to excuse any non-performance by us or our service providers caused in whole or in part by an act or omission of a third party, or by any equipment failure, act of god, natural disaster, strike, equipment or facility shortage, or other causes beyond our control or the control of our service providers.
Five, neither we nor our service providers can promise that any data or information supplied will be error-free. All data and information is provided to you on an “as is” basis. You agree that neither we nor any service provider who monitors, processes, or sends or receives you data or information through your device or the products/services is liable for any errors, defects, problems, or mistakes in that data or information. This means you cannot recover any damages of any kind, including consequential (such as lost revenues or lost contracts), indirect, incidental, special, or punitive damages for those errors, defects, problems, or mistakes. The foregoing limitation of liability covers, without limitation, “angel products/services” whereby you communicate verbally with us or our service providers for special assistance in utilizing the products/services.
Six, to provide you with the products/services, we must enter into agreements with telecommunications carriers operating cellular and satellite networks and other service providers using technology compatible with the particular device you purchased. Neither we nor our service providers are liable if the products/services become unavailable or are interrupted because a service provider terminates its agreement with us or stops providing service to us, or does anything that renders your device obsolete or incompatible with the technology used by us or any of our other service providers.
Seven, you agree that the limitations of liability and indemnities in this agreement will survive termination or expiration of this agreement and apply to you as well as anyone using your vehicle or the products/services, anyone making a claim on your behalf, and any claims made by anyone associated with you and arising out of or relating to the products/services.
Eight, the products/services are not a substitute for insurance. You promise that you will obtain and maintain appropriate insurance covering personal injury, loss of property, and other risks for yourself and for anyone else claiming under you. You hereby release and discharge us and our service providers from and against all hazards covered by your insurance. No insurance company or insurer will have any right of subrogation against us or our service providers.
Article 12: Governing law
To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement and any disputes arising out of or relating to it will be governed by the laws of the people’s republic of Bangladesh without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. The UN Convention on contracts for the international sale of goods will not apply.
Article 13: Resolution of disputes
If you have a disagreement with us related to the products/services, we will try to resolve it informally. If we cannot resolve it informally in a manner and time frame we reasonably deem appropriate, you agree, and we agree, to the fullest extent permitted by law, to use arbitration and not go through the courts (except smalls claims courts as provided below) with to resolve our disagreement. A government agency can always be contacted for help.
Article 14: Intellectual property
All intellectual property rights and any other proprietary rights inherent in, and appurtenant to, the device and the products/services are and will remain the sole and exclusive property of their respective owners or licensors and you are not acquiring any such rights in the device or the products/services. You may not modify or reverse engineer your device or decompile any software associated with your device or the products/services.
Article 15: miscellaneous
If any part of this agreement is considered invalid by a court or arbitrator, the rest of it will remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by changes to it that are issued by us or a new agreement between us). It will also be binding on your heirs and successors and on our successors. No waiver of any part of this agreement, or of any breach of it, in any one instance will require us to waive any other instance or breach. You agree that the limitations on remedies, limitations and exclusions of liability and disclaimers specified in this agreement will survive its termination. We reserve the right to assign this agreement and our rights and obligations under it, whether in whole or in part. If we make an assignment, we will have no further obligations to you.
By their signatures below, customer and Singularity Limited have read, understood, and executed this agreement in one or more counterparts, each of which constitutes an original but all of which together constitute one agreement. Transmission of signature pages by facsimile or other electronic means is acceptable.