Common use of Disclaimer of Warranties and Liability Clause in Contracts

Disclaimer of Warranties and Liability. 5.1 To the maximum extent permitted by law, you irrevocably agree and acknowledge that: (a) we do not warrant or make any representations that the Website and/or Application is the appropriate channel of consultation for your particular healthcare problem, or meets your specific requirements. ADEPT disclaims any liability for, any use of the Website and/or Application for the provision of any emergency services or where diagnosis or treatment-in-person is required. You should also consult a doctor in person or contact your local emergency services immediately if your medical condition is not minor or cannot be diagnosed or treated without a physical consultation, or otherwise falls within the following scope of conditions including without limitation: (i) urgent care or emergency conditions; (ii) serious conditions (e.g. breathlessness, severe or persistent pains, cardiac arrest); (iii) chronic conditions which have not been previously diagnosed by a doctor; (iv) any condition deemed during a video consultation via the Application to be in need of a physical consultation for further clarification, examination, diagnosis and/or treatment; and (v) any condition requiring further investigations including but not limited to laboratory tests, and imaging modalities; (b) you may be issued with a prescription for medicine by a Treatment Provider and may be prompted to use delivery services for delivery or fulfilment of prescription medicines. You are under no obligation to purchase any prescribed medication. Treatment Provider will use its best endeavours, based on the medical history you have provided and the symptoms you have described, to prescribe medicine appropriate for your condition. ADEPT shall not be responsible for (i) ensuring that you receive the medicine you are prescribed or that the medicine you receive is the same as that prescribed by Treatment Provider; and (ii) any instructions in relation to the medication provided by the Treatment Provider or anyone else associated with the provision of medication you have been prescribed; (c) we are not responsible for any of the information made available or accessed on or through the Website and/or Application or any decisions made by you based on any information made available or accessed on or through the Website and/or Application; (d) we do not endorse or recommend any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website and/or Application and that any arrangement entered into between you and any Treatment Provider or any third party named or linked to or from the Website and/or Application is at your sole risk and responsibility. The inclusion of Treatment Providers on the Website and/or Application does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein; (e) the Website and/or Application (together with any Services, or other content, material or information available on the Website and/or Application) are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind. Your use of the Website and/or Application is at your own risk; (f) the Website and/or Application may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the Website and/or Application may be made public on the Website and/or Application, and read or intercepted by others; (g) ADEPT does not warrant and hereby disclaims any representation, warranty or term with respect to the Website and/or Application, whether express, implied or statutory, including but not limited to: (i) merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any laws, regulations and/or third party rights in connection with the Website and/or Application; (ii) the Website and/or Application being available at all times, uninterrupted or error-free, or that defects will be corrected or that the Website and/or Application and any related computer system is and will be free of all viruses and/or other harmful elements; (iii) the Website and/or Application and any related computer system is and will be free from any unauthorised access, intervention, hacking, sabotage, fraud or infiltration by third parties; and (iv) the Website and/or Application being compatible or working with any third party software, applications or third party services; and (h) ADEPT is not liable for: (i) the potential and inherent risks associated with remote medical consultation and prescription through a Device, including without limitation: (i) the information transmitted by you or Treatment Provider may not be sufficient or accurate (e.g. poor lighting or sound) to allow for appropriate healthcare decision making, thus necessitating consultation with a doctor in person; (ii) reliance on self-measurement and reporting of symptoms, including body temperature, blood pressure and weight, may result in inaccurate evaluation and diagnosis; (iii) a lack of access to all your health records; and/or (iv) software, hardware, or data transmission problems or failures may impede, or cause disputes or delays in, evaluation, diagnosis or treatment; (ii) for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information and/or the Platforms or Services and/or performing any transactions and/or purchase and/or arrangement of delivery of Product and/or obtaining and/or making any payment of any monies belonging to you; (iii) any loss, damage, liability, injury or death which may arise in connection to Services offered. All indirect and/or intangible damage, including without limitation, loss of income and consequential damages is excluded from ADEPT’s liability; and (iv) for the actions or inactions of any providers of Services in relation to you, your activities or for or in connection with Services; The exclusions and/or limitations of liability in this Agreement shall not apply to the extent that such exclusions and/or limitations are prohibited by applicable law, including liability for death or personal injury arising from ADEPT’s negligence.