All access to and/or use of any part of the Dementia Friends website at www.dementiafriendly.sg ("Website") and the Dementia Friends mobile application ("App") is governed by these terms and conditions. The Website and the App are collectively referred to as "Dementia Friends".
In these terms and conditions, "we", "us" or "our" refers to the Agency for Integrated Care ("AIC"). "You" and "your" refers to any individual and/or organisation accessing or using Dementia Friends.
These Terms shall also govern all materials, information and content contained in Dementia Friends (the "Contents"), and services provided by us through Dementia Friends ("Services"),
By accessing or using Dementia Friends or the Services, or by registering for a user account ("User Account") in the Website or the App, you are deemed to have accepted these Terms.
If you do not agree or consent to be bound by these Terms, please discontinue your access to Dementia Friends immediately and do not use Dementia Friends and/or the Services, or register for a User Account.
If you are below 18 years of age, you must seek parental consent before using Dementia Friends and/or the Services. If you have not obtained such consent, please discontinue your access immediately and do not use Dementia Friends and/or the Services.
We may, from time to time, at our sole and absolute discretion, amend, change or modify these Terms, including without limitation, adding additional terms and conditions, without prior notice. Any changes to these Terms will take effect upon being posted on Dementia Friends. Your access or use of Dementia Friends and/or the Services after the amended Terms have been posted will constitute your acceptance and agreement to be bound by the amended Terms. It is your responsibility to check for the latest version of these Terms. For the avoidance of doubt, references to "Terms" shall include such Terms as amended pursuant to this clause.
In case of any breach of these Terms, we reserve the right to seek all remedies available under the law and in equity in relation to any such breaches.
AVAILABILITY, RIGHT OF ACCESS AND PERMISSION TO USE DEMENTIA FRIENDS Availability and access to Dementia Friends
The accessibility and operation of Dementia Friends rely on systems, databases and technologies outside of our control.
We do not guarantee that Dementia Friends will be:
continuously available or accessible or uninterrupted in operation; or
free of viruses or other harmful components not specifically mentioned herein.
Your access to and/or use of Dementia Friends may also be occasionally restricted to allow for repairs, maintenance or the introduction of new features. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate.
We will not be liable to you if, for any reason, access to or use of Dementia Friends is delayed or unavailable for any period of time.
Permission to use Dementia Friends
Subject to the Terms, we grant you a non-exclusive, revocable, non-transferable, limited licence to use Dementia Friends. This licence does not transfer any title in Dementia Friends to you. We retain all ownership rights in Dementia Friends and reserve all rights not expressly granted to you.
INFORMATION AND CONTENTS IN DEMENTIA FRIENDS
We provide Dementia Friends, its Services, and its Contents (including without limitation, resources and information regarding dementia) as a source of general information only, for your convenience.
We also provide certain functionalities within Dementia Friends to assist and/or facilitate the location of persons with dementia who have gone missing ("Lost Elders"). These functionalities are provided for your convenience, and we do not warrant that you will be able to locate any Lost Elder through Dementia Friends.
Dementia Friends and its Contents may not cover all information available on a particular issue. Nothing contained on Dementia Friends constitutes medical or other professional advice nor is it to be relied on when making any decision. The information or opinions discussed on Dementia Friends may not be suitable for you and you should do your own checks or obtain professional advice relevant to your particular circumstances.
While we try to ensure that information posted on Dementia Friends is timely and accurate, sometimes inaccuracies may occur. All information is provided "as is" and without warranty of any kind. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in relation to Dementia Friends and its Contents.
Dementia Friends is not operated by us for profit. We do not profit from, or endorse, and are not associated with any products, services or organisations that may be mentioned on Dementia Friends.
THIRD PARTY WEBSITES, MOBILE APPLICATIONS AND SOFTWARE Third Party websites and mobile applications
Dementia Friends may contain hyperlinks to third party websites and/or mobile applications which are not maintained or operated by us (collectively, "Third Party Websites"). These links are provided only for your convenience and we make no representations whatsoever about any Third Party Websites.
We have no control over, and assume no responsibility for the content, privacy policies or practices of these Third Party Websites. In addition, we will not and cannot censor or edit the content of any Third Party Website.
We make no warranties that the Third Party Websites and their contents are free of infection by computer viruses or other unauthorised software.
A link to any Third Party Website does not mean that we endorse or accept any responsibility for the content, or the use of such a website. Under no circumstances shall we be considered to be associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on any Third Party Website.
By using Dementia Friends and/or the Services, you expressly acknowledge and agree that we shall not be responsible to you or any third party for any damages, claims, expenses or losses caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through any Third Party Website.
You agree that your use of any hyperlinks in Dementia Friends to access Third Party Websites is entirely at your own risk, and that you are responsible for and agree to take all steps to keep your information, software and equipment secure when using Third Party Websites.
We may remove or replace hyperlinks to any Third Party Website at any time at our sole discretion and without liability to you.
Third Party Software
Dementia Friends may utilise or include third party software that is subject to open source and third party licence terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of your access or use of Dementia Friends is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software ("Third Party Software Terms"), including without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein.
In the event of a conflict between these Terms and Third Party Software Terms with regard to your use of any Third Party Software, the Third Party Software Terms shall prevail.
For the avoidance of doubt, in no event shall Dementia Friends be deemed to be open source or publicly available software.
RESTRICTIONS ON HYPERLINKS TO DEMENTIA FRIENDS FROM OTHER WEBSITES AND MOBILE APPLICATIONS
Caching, linking to or the framing of Dementia Friends or any of its Contents thereof, and all similar activities (including mirroring Dementia Friends on another server) are prohibited.
You may link to or frame Dementia Friends only with our prior written permission, which may be subject to conditions.
We reserve the right to refuse to grant you permission to link to or frame any part of Dementia Friends at our sole and absolute discretion, without having to give any reasons and without liability to you.
Your linking to, or framing any part of Dementia Friends constitutes an acceptance of these Terms, and this is deemed to be the case even after we have posted any changes or modifications to these Terms. If you do not accept these Terms, you must discontinue linking to, or framing of Dementia Friends immediately.
Under no circumstances shall we be considered to be associated or affiliated in whatever manner with any marks, logos, insignia or other devices used or appearing on any websites or mobile applications that link to or frame to Dementia Friends.
We reserve the right to disable any links to, or frames of any site to or from Dementia Friends, including but not limited to unauthorised links or frames, links to, or frames of any site containing inappropriate, unobjectionable, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any guidelines, any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use or reliance on any content, goods or services available on or through any other site reached by links to or from Dementia Friends.
We reserve the right to change the URL of the Website.
DEMENTIA FRIENDS USER ACCOUNT REGISTRATION
Everyone may access the publicly available content on Dementia Friends. However, you will need a User Account in order to access or use some functionalities and/or Services in Dementia Friends, including but not limited to the Lost Elders Support service ("Lost Elders Support Service"), where you may submit information relating to Lost Elders for the purpose of locating such Lost Elders.
In signing up for a User Account, you represent and warrant that:
all registration information provided by you ("Registration Information"), including your name, your mobile phone number, your email address, is true, accurate, current and complete to the best of your knowledge and belief;
you will promptly update us of any change to your Registration Information; and
you are at least eighteen (18) years of age and can form legally binding contracts under the applicable laws.
We reserve the right to reject your application for a User Account, suspend your use of or terminate your User Account.
Upon successful registration of your User Account, you, as the holder of the User Account ("Registered DF"):
agree to keep your User Account ID and password (if applicable) confidential and shall not allow any other person to use your User Account; and
shall notify us immediately if you have any reason to believe that the security of your User Account has been compromised.
You are solely responsible for any and all activities which occur under your User Account. We are entitled to treat all activities that occur under your User Account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your User Account or have negligently or otherwise made your password and/or User Account ID publicly available, you agree that you are fully responsible for:
the online conduct of such user;
controlling such user’s access to and use of Dementia Friends; and
the consequences of any use or misuse by such user.
You acknowledge and agree that we may access your User Account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
collect and use your Registration Information to enrol you in our database as a Registered DF and for the purposes of:
providing you with access to use the Services, including but not limited to functionalities within Dementia Friends to assist and/or facilitate the location of Lost Elders;
sending you material and information that is relevant to your role as a Registered DF;
facilitating your use of Dementia Friends and/or the Services.
send communications to your mobile phone number which you have provided as part of the Registration Information to facilitate your role as a Registered DF and your use of Dementia Friends. Such communications may include push notifications and Short Message Services ("SMS"). You further agree that we may send such communications at an appropriate frequency, depending on the information submitted through Dementia Friends;
use your Registration Information or any part thereof for any purposes that you have been notified of and have consented to from time to time.
In using Dementia Friends and/or the Services, you may be prompted to turn on the Location Services feature on your mobile device, if any, to allow us to access your location.
By enabling the Location Services feature on your mobile device, you are deemed to have consented and agreed to allow us to access your location.
USER CONTRIBUTED CONTENTS
In the course of using Dementia Friends, we may provide you with the ability to submit, post or edit certain information, including but not limited to, personal data, materials, photos, commentary, suggestions and feedback (collectively, "User Contributed Contents").
You shall bear full responsibility for any User Contributed Contents provided by you, as well as any consequences associated with the use, edit, submission or uploading of such User Contributed Contents on Dementia Friends.
In relation to User Contributed Contents provided by you, you affirm, represent, and/or warrant that:
you have the necessary rights, licenses, consents, and permissions to submit, use and authorize us to use such User Contributed Contents; and
all such User Contributed Contents (whether at the time of submission or posting or subsequent thereto) are true and accurate to the best of your knowledge;
In relation to User Contributed Contents provided by you, you grant us the right to use such User Contributed Contents for the following purposes, as well as any other purposes that you have been notified of and consented to from time to time:
to make such User Contributed Contents available to other Registered DFs, which may involve the hosting, using, displaying, reproducing, modifying, adapting, editing, publishing, distributing or storing such User Contributed Contents on our database;
to display, modify, re-format, use, publish and disseminate such User Contributed Contents as we deem fit; and
to use such User Contributed Contents to develop, promote, and improve Dementia Friends, including the performance of research and development of new or improved Contents for Dementia Friends.
We are not responsible for any User Contributed Contents, including but not limited to the availability of or any inaccuracies, errors or omissions in any User Contributed Contents. We are also not responsible if any User Contributed Contents contain information or material which you consider to be defamatory or objectionable in any way. You may contact us to request us to remove any User Contributed Contents as provided in Clause 9.1. This sets out our total responsibility and your full rights in relation to User Contributed Contents.
REMOVAL OF CONTENTS
You may contact us with a request to remove any Content (including without limitation, User Contributed Contents) on Dementia Friends if you have reasonable grounds to believe that the Content:
is defamatory, obscene, threatening, malicious, incites hatred or contains any other objectionable material;
infringes intellectual property rights or any other proprietary rights or was posted in breach of confidentiality obligations;
is inaccurate or misleading; or
You shall provide us with the necessary information and documentation we require for us to assess whether your objections are valid. If we are convinced that your objections are valid, we will take steps to remove the content.
We reserve the right to decide whether any User Contributed Contents are appropriate and comply with these Terms. We may remove any User Contributed Contents at any time without prior notice, for any reason including without limitation, contents that appear to be outdated, or which are in contravention of these Terms or any guidelines, written law, applicable intellectual property, proprietary, privacy or publicity rights. In the event that we remove any User Contributed Contents, we shall not be liable whether to you or to any other party for any damage or any other remedy, in law or in equity.
For the avoidance of doubt, our acceptance of any User Contributed Contents does not constitute a waiver of our right to remove it in the future.
You must not use Dementia Friends in any manner that violates any of these Terms, any guidelines, written law, applicable intellectual property, proprietary, privacy or publicity rights.
Without limiting the generality of Clause 10.1, you must not use Dementia Friends to publish, transmit, send, post, upload or otherwise communicate topics, names, material or information that:
violates or infringes any guidelines, any written law, any applicable intellectual property, proprietary, privacy or publicity rights;
is inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;
is inappropriate, unobjectionable, profane, defamatory, libellous, obscene, indecent, offensive, threatening, abusive, insulting, deceptive, fraudulent, tortious, or racially, ethnically or otherwise objectionable; or
would be invasive of another person’s privacy or constitute harassment.
You must not circumvent or attempt to circumvent user authentication or security measures of any Internet or intranet site or any of the accounts of any person using Dementia Friends, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us. You shall not upload files that are corrupted, contain viruses or any other similar software or programs which may damage Dementia Friends or cause interference to the services provided by us.
You must not interfere or attempt to interfere with services we provide on Dementia Friends including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" us and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure. You must not use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any user’s usage of Dementia Friends.
You must not use Dementia Friends to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
We may impose charges for a User Account or for the use of Dementia Friends or any functionality within Dementia Friends. If you do not accept the fees, you should terminate your User Account and/or stop using Dementia Friends.
We are not responsible or liable for any fees charged by any other websites or by your mobile service provider that may arise out of your use of Dementia Friends. You are responsible and agree to be liable for any such charges that may arise.
Dementia Friends is offered by us in Singapore and we make no representation that it complies with the laws or is appropriate for use in any other jurisdiction.
We may, but are not obliged to, update, make changes, enhancements and modifications to and/or perform maintenance and other services on the Dementia Friends from time to time.
We may at any time change, suspend or discontinue Dementia Friends, any Services, or any Content, and/or access to part of all of it, without notice to you, and without liability.
We reserve the right to monitor usage of Dementia Friends by any person, and to have the sole discretion to:
restrict or refuse access to or use of Dementia Friends by any person; or
to block access from a particular Internet address to Dementia Friends at any time, without having to give any reason or any prior notice.
You will be asked to account for any unauthorised access. You shall provide us with your fullest cooperation and all necessary support for the conduct of the audits at no cost to us.
You agree to us collecting and using your device’s technical data and all its associated information, including without limitation, technical information about your device, system, software, device functionality and device specifications. The collected technical data may from time to time be used to facilitate the provision and improvement of Dementia Friends, software updates, product support and other services associated with the Dementia Friends (if any). You agree that we may use this technical data to improve Dementia Friends.
Dementia Friends and its Contents, , including without limitation, source codes, pages, documents, graphics, trademarks, logos, text, images, audio files, videos, photographs, music, computer programmes and all other kinds of works, are protected by applicable copyright, patents, trademarks and/or other intellectual property laws. The intellectual property rights in Dementia Friends and its Contents are owned by or licensed to us by their respective owners.
Except to the extent permitted under the law, no part of Dementia Friends and/or its Contents may be modified, reproduced, republished, uploaded, posted, transmitted, stored on any information storage or retrieval system (such as, cloud servers), appropriated in any manner, or otherwise distributed in any way without obtaining our prior written permission.
You may use any part of Dementia Friends and/or its Contents only with our prior written permission, which may be subject to conditions. Your written application to us to obtain such permission must be in accordance with such procedures we may prescribe, including without limitation, providing us with the following details:
the Contents that you intend to use;
the proposed manner of use;
the time frame of use;
the purpose of use and
the identity of the user.
We reserve the right to refuse to grant you permission to use any part of Dementia Friends and/or its Contents at our sole and absolute discretion, without having to give any reasons and without liability to you.
Where appropriate, we use available technology to protect the security and integrity of communication made through Dementia Friends. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions or communications made through Dementia Friends.
You acknowledge and agree there are inherent risks in Internet communications and conducting transactions over the Internet or electronic networks and you have voluntarily assumed those risks.
You are responsible for and agree to take all steps to keep your information, software and equipment secure when using Dementia Friends, including, clearing your Internet browser cookies and cache before and after using Dementia Friends.
DISCLAIMERS AND LIMITATION OF LIABILITY
You acknowledge and agree that Dementia Friends are provided on an "as is" and “as available” basis.
To the fullest extent permitted by law, we hereby disclaim all express, implied, and/or statutory representations or warranties of any kind to you or any third party, however arising and whether arising from usage or custom or trade or by operation of law or otherwise, including:
any representations or warranties as to the accuracy, completeness, correctness, reliability, timeliness, currency, quality, non-infringement, title, merchantability, or fitness for any particular purpose of Dementia Friends; and
any representations or warranties that Dementia Friends shall be uninterrupted or error-free, or that defects will be corrected or that Dementia Friends and its hosting servers are and will be free of all viruses, other malicious codes, programmes or macros and/or other harmful elements.
We shall not be responsible or liable to you or any third party for any loss or damage:
that you may incur as a result of your using or relying on any statement, opinion, representation or information on Dementia Friends,
arising directly or indirectly from your use of or reliance on Dementia Friends and/or the Services, including without limitation, any inaccuracies or incompleteness, or errors or omissions in relation to the Contents, or any information, data, software or other material obtained from Dementia Friends;
arising directly or indirectly in connection with your inability to access or use, or loss of access to or use of Dementia Friends, where the inability is caused by any system, server or connection failure, error, omission, interruption, any delay in operation or transmission or computer virus, communication failure, Internet access difficulties or malfunction of equipment or software;
in connection with User Contributed Contents; and/or
the conduct or the views of any person who accesses or uses Dementia Friends.
We, and our parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, in any circumstances or legal theories whatsoever, for any loss of data, business, profits or goodwill, loss of use, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if we are aware of the risk of such damages, that result in any way from your use or inability to access Dementia Friends. Our liability to you shall not, for any reason, exceed S$1,000 (Singapore Dollars one thousand only). This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
You hereby agree to indemnify us and our directors, officers, shareholders, employees, agents, sub-contractors and licensors (collectively the "Indemnified Persons") in respect of any and all losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by the Indemnified Persons or asserted against them in respect of:
any unauthorised access and use of Dementia Friends by you;
any User Contributed Contents provided by you;
any breach of these Terms by you;
your violation of any third party right including without limitation any applicable intellectual property, proprietary, privacy or publicity rights; and/or
the occurrence of any event due to your act, omission or default which comprises the security or integrity of Dementia Friends or its Contents.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore without regard to conflicts of law principles.
You agree to submit to the exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to use of Dementia Friends.
If any provision in these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.