TERMS OF SERVICE AND PRIVACY POLICY

By clicking “agree”, you confirm that you have read and agreed to the following:


INTELLECT’S TERMS OF SERVICE

Last Updated: 8th July 2021.

INTRODUCTION

Welcome to Intellect. This Terms of Service is a legal contract that binds you, the reader and us, Intellect Company Pte. Ltd. (hereafter “Intellect”). It relates to your use of our website, mobile, web and desktop applications, dashboards, extension, and services including clinical and medical services. These shall subsequently be referred to in these Terms as the “Platform”. Our Platform allows you to, among other things, submit, store, and access certain data and other information related to you as applicable (collectively, “User Data”).

Carefully read through the terms and clauses to understand the eligibility requirements, rights and obligations, liability, and other related terms of this contract. If you do not agree with these terms of service, you must reject them by not registering for or using our platform.

Please note that, by registering, accessing, using or subscribing to our Platform and by clicking “I Agree,” or otherwise affirmatively manifesting your intent to be bound by these Terms of Service, you signify that you have read, understood, and agree to be bound by the following terms, including any additional guidelines and any future modifications.

 

MODIFICATION OF THE PLATFORM

Subject to applicable law, the Company may change or discontinue, temporarily or permanently, any feature or component of our Platform at any time without notice.

 

PARTIES TO THIS CONTRACT

This Terms of Service binds the following persons to this contract.

Company – This refers to Intellect and may often be referred to as “We”, “our”, “us”, or “Company” throughout these Terms.

You – This refers to the users which may include individual, corporation, organization, legally recognised entity excluding minors and persons without the capacity to enter into a contract. Please note that you must be 18 years of age or you must have attained the age of majority before using or accessing our Platform. Therefore, our platform is not directed at minors. The use of this platform is void where prohibited by applicable law and we assume no responsibility or liability for any misrepresentation of age.

Employer – This refers to our Client (which may be a Company/Corporation/Organization) who enters into a binding contract to create accounts on our platform and enrol its employees to a selected program.

Employee – This refers to a person employed by our Client for salary or wages.

Our Services – This refers to all services provided for our website including clinical and clinical support services, coaching services, and medical services.

Digital Platform – This refers to our website, mobile, web and desktop applications, dashboards, and extension.

Telemedicine Services – This refers to the remote diagnosis and treatment of users through our platform.

Third Party Providers – This refers to providers, agents, and affiliates of both parties but who we may disclose personal information relating to our users. This includes payment providers, insurance companies, cloud communication platforms, and in the case of an emergency, hospitals or designated health practitioners (example, a medical doctor). Elaborate instances include:

  1. Third Party Insurance Company – This refers to insurance companies that we or Employers may work with.
  2. Third Party Coaches – This refers to professionals we may hire as independent contractors to provide coaching services to our users.
  3. Third Party Medical Professionals – This refers to clinical psychologists, medical doctors, and psychiatrists we hire as independent contractors to provide clinical support and telemedicine.

Please note that we shall not be liable for the actions or liability of these third-party providers. Ensure to abide by their terms and conditions.

 

SERVICES PROVIDED

Subject to these Terms of Service, you may receive our services listed on our website and app including coaching sessions, success support, and other related services.

 

REGISTRATION OBLIGATIONS

Upon registration on our Platform, you agree to the following:

YOU AGREE THAT THE PLATFORM, ANY COMPONENT OF THE PLATFORM, AND ANY INFORMATION MADE AVAILABLE THROUGH THE PLATFORM AND OUR SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT.

YOU AGREE THAT: (i) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY; (ii) WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND IS NOT A HEALTHCARE PROVIDER; (iii) WE ARE NOT YOUR HEALTHCARE PROVIDER, IS NOT AND DO NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (iv) DATA PROVIDED BY US THROUGH THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (v) WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (vi) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (vii) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE PLATFORM; (viii) WE HAVE NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE PLATFORM; AND, (ix) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE PLATFORM.

 

AGE OF CONSENT

You agree that you are at least 18 years of age or have attained the age of majority in the jurisdiction where you have access to this Platform. If you are below the required age of majority, you are prohibited from further use and access to this Platform. We shall not be liable to the use of this Platform by a minor or person below the age of 18.

 

ACCOUNT ACTIVITY RESPONSIBILITY

Users Account – In order to use our Platform, you will have to register and create an account (“User Account”). When creating your account for the Service, you agree to provide true, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username or password), you agree to immediately notify the Company. You may be liable for the losses incurred by us or others due to any unauthorised use of your User Account.

System Access – You may choose to allow us to automatically retrieve data from your system(s). You hereby warrant that you have the permission, authority, and rights to allow the Company to access such system(s) and services and retrieve User Data therefrom by indicating the same within your User Account. We disclaim any and all liability associated with accessing and retrieving User Data from such system(s) and services on your behalf. If at any time you do not have the right and authority to allow us automatic access to such system(s), then you hereby agree to immediately disable such functionality within your User Account.

Account Information – You acknowledge and agree that we may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its users, or the public.

 

GRANT OF LICENSE

Subject to the terms and conditions of these Terms of Service, we hereby grant to you a personal, non-transferable, non-exclusive, revocable, royalty-free, limited license to install and use our platform on your mobile device for the purposes of receiving and participating in the services we provide. Users shall have no right to sub-license or resell the Service or any component thereof.

 

LOGIN INFORMATION AND ACCESS

We will protect all confidential and any personally identifying information that you may provide to complete the applicable online forms to establish your username/password or account with us (“Account Data”). You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity. Company reserves the right to authenticate any information you provide. You shall be responsible for all use and access of the App by means of usernames/passwords issued to you. You will notify the Company promptly of any unauthorised use of your username/password or account or any other known or suspected breach of security, or other occurrence requiring username/password or account cancellations or changes. We cannot and do not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party’s fraudulent use or misuse of information submitted by you. You are solely responsible for providing accurate information so that you can be provided with the appropriate coaching services. We are not responsible for your failure to provide the information needed to provide you with appropriate services.

 

RESTRICTIONS

When using our Platform, you agree not to:

  1. Attempt to gain unauthorised access to our Platform, computer systems or networks connected to the Service, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  2. Modify our Platform in any manner or form, including but not limited to for the purpose of obtaining unauthorised access to our platform;
  3. Impersonate another person or access another User’s User Account without that User’s permission or to violate any contractual or fiduciary relationships;
  4. Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  5. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App and the Service, features that prevent or restrict use or copying of any content accessible through the Platform;
  6. Access our platform if you are a direct competitor of the Company, except with the Company’s prior written consent, or for any other competitive purposes; or
  7. Collect or harvest any personally identifiable information, including account names, from the Platform.

 

PRIVACY TERMS

For information about our privacy practices in connection with what we do with the personal information we collect from you, please read our Privacy Policy. The Privacy Policy explains how Intellect collects, uses, discloses, and secures your personally identifiable information in connection with your use of our services. In connection with creating an account or clicking an “I Accept” button or an equivalent indicator with regards to the access and use of App and the Platform, you have indicated that you agree to the terms of the Privacy Policy.

 

CONSENT TO ELECTRONIC CONTRACTING

You agree that execution of these Terms of Service may occur by manifesting your acceptance of it when you use our Platform, and that no signature on a paper copy of these Terms is required in order to form a binding contract.

 

CONSENT TO ELECTRONIC COMMUNICATION

You agree that we may provide you with notices and other disclosures in connection with the Platform by postings on the Platform and/or communications sent to the email address or mailing address provided by you when you registered to use our Platform.

 

LINKS TO THIRD PARTIES

Our Platform may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the terms of every site you visit.

We have no control over and assume no responsibility for the content, security, terms, compliance or practices of any third-party sites or services.

 

DISCLAIMERS

Our Platform is provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Intellect, its partners, affiliates, licensors, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

We do not warrant that the functions contained in the Platform will be uninterrupted or error-free, that the Platform will meet your requirements, that defects will be corrected, or that the Platform or the server that makes it available is free of viruses or other harmful components.

 

LIMITATION OF LIABILITY

We will not under any circumstances, including, but not limited to, negligence, be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or your inability to use the information or materials on the Platform, or any other interactions with us, even if we or out authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

In no event our total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Platform, including without limitation your interactions with other users, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing the Platform during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim.

Upon request by us, you agree to defend, indemnify and hold us and our partners, affiliates, use providers, licensors, suppliers, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your violation of these Terms of Service; or (b) your violation or infringement of any intellectual property or other third party rights or any applicable law in connection with your use of the Platform. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us.

 

FORCE MAJEURE

We shall not be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed or impracticable due to circumstances beyond our reasonable control, including without limitation earthquakes, fire, flood, war, embargo, riot, inability to secure materials, transportation, or power/utilities, intervention of any governmental authority, or acts of nature.

 

COMPLETE AGREEMENT

These Terms contain the complete and entire agreement and understanding of the parties regarding the subject matter hereof, and supersede all proposals, oral or written, all negotiations, conversations, discussions and all past course of dealing between you and us relating thereto.

 

WAIVER

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision unless such waiver is in writing and signed by the Company.

 

SEVERABILITY

In the event any term in these Terms is held by a court of competent jurisdiction to be unenforceable, such unenforceability shall not affect the remaining terms of these Terms of Platform in such jurisdiction or render unenforceable or invalidate such terms and provisions of these Terms in other jurisdictions. Upon such determination that any of the terms or provisions of these Terms of Service are held to be invalid under any applicable statute or rule of law, they shall be severed from the rest of these Terms and the remaining provisions of these Terms shall survive and be interpreted so as best to reasonably effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner in order for the transactions contemplated hereby to be consummated as originally contemplated to the greatest extent possible.

 

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service shall be governed by and construed in accordance with the laws of Singapore.

Any dispute, controversy or claim arising out of or relating to these Terms, including the conclusion, interpretation, breach, termination, or invalidity thereof, which we fail to resolve within reasonable time after receiving notification from you, shall be settled by the Singapore International Arbitration Centre in accordance with its Rules. These Terms of Service shall be regulated by the substantive laws of Singapore. The number of arbitrators shall be one (1). The place of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English. Awards of the Arbitration Court shall be final and binding upon all parties.

 

MODIFICATION OF THE TERMS

We reserve the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. You agree to review these Terms periodically for changes. When we make minor changes to the Terms, we will update the ‘Last Updated’ date at the top of this page. When we make changes to the Terms in a material manner, we will update the ‘Last Updated’ date at the top of this page and notify you that material changes have been made to these Terms. If any such revision is unacceptable to you, your only remedy is to terminate your User Account.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

INTELLECT COMPANY PTE. LTD. PRIVACY POLICY

Last Updated: 21st February 2022

Introduction

At Intellect, one of our main priorities is the privacy of our visitors and users. This Privacy Policy describes how your personal information is collected, used, and shared when you visit and use our website, mobile, web and desktop applications, wearable technologies, dashboards, extension, and services (collectively “Our Platform”). By using our platform in any manner, including but not limited to visiting, browsing, creating an account, or logging into the platform, you agree to observe and be bound by this policy and the additional terms and conditions referred on this platform or available by hyperlink. This policy complies with Singapore’s Personal Data Protection Act 2012 (PDPA), General Data Protection Regulations (GDPR), Health Insurance Portability and Accountability Act (HIPAA), and other related privacy legislations.
Employer – This refers to our Client (which may be a Company/Corporation/Organization) who enters into a binding contract to create accounts on our platform and enroll its employees to a selected program.
Third Party Providers – This refers to providers, agents, and affiliates of both parties but who we may disclose personal information relating to our users. This includes payment providers, insurance companies, cloud communication platforms, and in the case of an emergency, hospitals or designated health practitioners (example, a medical doctor). Please note that we shall not be liable for the actions or liability of these third-party providers. Ensure to abide by their terms and conditions.

Third Parties We Use

The following are third parties that we use to store and process data:

Modification/ or Changes

We may revise and update this privacy policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons. Such updates shall be communicated to you. Your continued use of our platform after recent updates to the Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

How to Contact Us

If you have any questions about this policy or the practices described herein, you may contact us at contact@intellect.co.

Obtaining Consent

By submitting your Personal Information, you consent to use that information as set out in this policy. This shall include and not be limited to disclosure to third party providers referred to in this policy.

Collection and Use of Personal Data

Information We Collect
“Personal Information” is non-public information that is personally identifiable to you and obtained for us to provide you with the prescribed services within our platform. This may include, but is not limited to your full name; gender; age; country; email address; city. Through our Platform, services and other surveys and questionnaires provided to you, we collect Personal Information that you voluntarily provide to us, our behavioural health coaches and clinicians on our platform, including information about your health and personal goals. We also automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device; Usage Data; Universally unique identifier (UUID); Crash information; device information; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); geography/region; number of users; number of sessions; session duration; In-app purchases; Application opens; Application updates; first launches; operating systems. We may also collect personal information classified as Personal Health Information (PHI) under certain privacy laws. Within this Privacy Policy, personally identifiable information and PHI shall be referred to as Personal Information.

Enterprise Service

Despite the collection of personal information mentioned above, we may collect additional information when your Employer signs you up on our platform or when you use our platform. We may ask either you or your Employer to provide us with certain personal information that can be used to contact or identify you. This information may include your suffix, sex, employeeID (if applicable), department, title, job code (if applicable).

How We Use the Information About You
We gather this information from you and your Employer to allow us to:

De-identified Information

Also, we may de-identify users information and statistics to form de-identified information for the purposes of monitoring usage of our Platform and website in order to help us to develop our website and our services, provide insight to the Employers on users performance and stress level on workloads, assess mental and risk impact of users, and evaluate insurance coverage. We may also provide such de identified information to third parties including academic journals and external publications for research and analysis purposes. This may be different from our use to monitor and improve our services. These statistics will not include information that can be used to identify you.

Processing of Personal Data

The Bases on Which We Process Information about You are as follows –
Information we process with your consent: Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our platform, you provide your consent to us to process information that may be personal information. Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies. We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.

Information we process for the purposes of legitimate interests: We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to whether the same objective could be achieved through other means; whether processing (or not processing) might cause you harm; whether you would expect us to process your data; and whether you would consider it reasonable to do so.

For example, we may process your data on this basis for the purposes of:

Information we process because we have a legal obligation: Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.

Cookies: Our Platform uses “Cookies” to identify the areas of the Platform that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalize the Content that you see on our Platform. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Platform correctly or at all. We never extract Personal Information in Cookies.

Log Files: Log files track actions occurring on our Platform, including but not limited to our App and Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

Please note that our Platform offers “Do Not Track” features to manage the personal information we track and process.

Storage and Location of Personal Data

We store your personal data on our data processing server. Our Data Processor is Amazon Web Services (AWS). Kindly go through their Privacy Policy to learn and understand how your information is stored. Please note that our servers are located within Singapore.
Except as otherwise mentioned in this privacy policy, we keep your personal information only for as long as required by us to provide you with the services you have requested; to comply with other law; to support a claim or defence in court.

Security

To ensure the security of your information, we use the following methods: Zero-knowledge encryption and transmission, SSL Protocol, SET Protocol, Automatic backup, Digital Certificate, Username/Password, authorizations to access management, and Firewalls. Please note that the internet is not secure and no system involving the internet and the transmission of electronic data is 100% secure. Nevertheless, we take all reasonable efforts to safeguard and protect your information.
We encrypt all video and audio communications on our Platform. This means that your video and audio conversations done through our Platform are secure and end-to-end encrypted.
Also, note that our use of zero-knowledge encryption for the security of your information may have an adverse effect on you in the event that you lose your primary device. If you change your device or migrate to a new device, some of your personal information on our Platform does not transfer to the new device. You may need to re-enter your information again to continue using our Platform.
In the event of a breach which affects your personal information, you will be notified within a reasonable timeframe of such breach and measures we took to rectify the breach. Note that you may request at any time to access and delete your information with us.

Disclosure of Personal Data

Although our policy is to maintain the privacy of your information as described herein, we may disclose your information if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

If you have any questions, comments, or concerns regarding your rights, please contact us
through email to contact@intellect.co.

Accuracy of Personal Data

We generally rely on personal data provided by you, your authorized representative or your Employer. In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at contact@intellect.co.

Opt Out

You always have the opportunity to opt-out of our communications with you or change your preferences by contacting us at contact@intellect.co.

Enterprise Service: If you have signed up through your Employer as an employee account, please reach out to your Employer to cancel your account. You may still receive communications from us even after you cancel your account unless you also opt-out of our communications, as described above.

Your Right and Applicable Laws

You have the following rights to the processing of your personal information under relevant privacy laws including but not limited to Singapore PDPA, EU GDPR, and US HIPAA:

By using our platform, you hereby consent to our Privacy Policy and agree to its Terms and Conditions. For more information about our Privacy Policy, if you have questions, or if you would like to make a complaint, please contact us by email at contact@intellect.co.

Contact Us

By using our platform, you hereby consent to our Privacy Policy and agree to its Terms and Conditions. For more information about our Privacy Policy, if you have questions, or if you would like to make a complaint, please contact us by email at contact@intellect.co.