Terms of Use
Article 1 (Purpose)
This website (“Site”) is owned and operated by MIMS Pte. Ltd. (“We” or “MIMS”) that are intended for use by qualified healthcare professionals and for medical educational and research purposes only. Reference to the Site is deemed to include derivatives thereof, including but not limited to websites and applications, whether accessed by mobile phone, tablet or other devices. Please read this Terms of Use (“Terms of Use” or “Terms”) carefully as these Terms govern the use of the User Account and the use of the Site and Services (as hereinafter defined). Please note that you shall be deemed to have agreed to the Terms of Use, the Privacy Policy and other provisions prescribed by MIMS once you start using this Site or by registering as a User.
Article 2 (Definitions)
The meaning of the terms used in the Terms of Use shall be as defined in each of the following items.
- “Site” means the website that is managed and operated by MIMS.
- “Services” means any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices;
- “User Account” means any account created by the User, through a registration process for the purpose of accessing or using certain Services on the Site.
- “User Name” means a unique name for each User issued by MIMS upon use of the Service in order to identify Users.
- “Password” means a character string for identifying Users through a cross-check with the User Name upon use of the Site.
- “User(s)” means a user of the Site who is authenticated based on the User Name and the Password.
- “Site Content” means any and all human readable patent audio and/or visual element of the Site, created and/or owned by MIMS.
Article 3 (Amendment to the Terms of Use)
- MIMS may amend the Terms of Use at any time when MIMS deems necessary without notice, User shall check the Terms of Use regularly to ensure User understand the Terms of Use that apply at that time.
- Unless separately prescribed by MIMS, the amendment of the Terms of Use shall come into force at the time that the amended Terms of Use is displayed on the Site. In such case, the amended Terms of Use shall apply for the use of the Site.
Article 4 (License to Use the Site)
- MIMS grants the User a revocable, non-exclusive, non-transferable, limited rights and licenses to access and use the Site only as expressly permitted in the Terms of Use.
- User shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms or by law.
Article 5 (MIMS Point)
- “MIMS Point” is provided to the doctor with a valid practice license and a registered User Account with MIMS.com/Singapore, Malaysia, Hong Kong or Philippines. MIMS Point is a reward program provided to doctor strictly by invitation only and the opportunity to collect MIMS point in exchange for rewards by using the Site and/or its Services. MIMS Point will be introducing to other countries in near future.
- User may require to provide additional personal information and/or agree to its own rules before entering this MIMS Point program.
- This program and its benefits are offered at the discretion of MIMS. MIMS has the right to modify or discontinue, temporarily or permanently, this program, including the point, in whole or in part for any reason, at its sole discretion, with or without prior notice to you. By participating in this program, you agree that MIMS will not be liable to you or any third-party for any modification or discontinuance of the program.
Article 6 (MIMS Campaign)
This Site may contain campaign that requires User to send in material or information about User. Each campaign has its own rules, which User must read and agree to before entering the campaign.
Article 7 (MIMS Survey)
- From time to time, MIMS will partner third party to conduct a survey for research purposes. User may receive offers to participate in MIMS survey (“Survey”). User may be invited to participate in the Survey through an email invitation, on-site pop-up or some other means.
- User agrees that all disclosure of information, responses thereto and Response Data (defined below) will comply with the Survey terms and conditions and MIMS Privacy Policy under which it was collected and all applicable laws or regulations relating to such Response Data and the persons from whom it is collected. “Response Data” means data obtained from User responding to and/or having received surveys from MIMS. MIMS further agrees and warrants that its collection and use of Response Data from the User comports with its Privacy Policy and comports with all applicable laws.
- Each Survey may have its own terms and conditions, which User must read and agree to before participating in the Survey.
Article 8 (Continuous Medical Education (“CME”))
- MIMS collaborate with medical associations and companies in the healthcare industry to publish educational modules and online questionnaire for trend topics in the healthcare industry in order to grant CME/Continuing Professional Development (“CPD”) credits to healthcare professionals should the User satisfy the minimum requirements as required by the educational modules.
Article 9 (MIMS Community)
- By selecting this Service, User can view discussions, reply to discussion (by commenting) and create a new discussion (by creating a new topic post).
- The information, photographs, video, or any other materials posted by User (“Content”) are the responsibility of the User and not MIMS. MIMS does not control, monitor or edit the Content posted by User and, as such, does not guarantee the accuracy, integrity or quality of such posted Content, but reserves the right to remove any content or refuse the transmission of any Content. Under no circumstances will MIMS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via any Service.
- Post restrictions: In addition to Article 16, User shall not post any Content that:
- is knowingly false or misleading, defamatory, abusive, vulgar, hateful, harassing, liable to incite racial or religious hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy
- you do not legally own or for which you have not obtained all necessary licenses and/or approvals
- solicits or discloses personal information about any person (e.g. patients, caregivers and trainees),
- is intended to directly promote or advertise a product or service
- is in a language other than English (which prevents equal and fair moderation)
- has the purpose or effect of disrupting discussions, causing inconvenience or annoyance to other contributors or Users of MIMS Community, including:
- content which MIMS consider to have the effect or intent of disrupting the discussion;
- posting comments of no relevance to the topic commented;
- spamming (i.e. creating identical messages in different stories or topics); or
- posting blank messages
- By providing Contents to MIMS, User is granting MIMS a worldwide, perpetual, royalty-free right to use the Content in connection with all aspects of the operation and promotions of MIMS, including but not limited to, the rights to: copy, distribute, transmit (digitally or otherwise), publicly display, publicly perform, make derivative works of, reproduce, edit, translate and reformat Content and to publish User name in connection with the Content. MIMS is under no obligation to post or use any User Content and may remove any User Content at any time at Company’s sole discretion.
Article 10 (MIMS Recruiting Services)
By selecting and registering for the MIMS Recruiting services, User is able to search for jobs, receive emails from MIMS about future job postings, and/or permit employer and recruiters to contact you directly regarding job offerings. You are required to agreed MIMS Recruiting terms of use and privacy policy when you registered for the services.
Article 11 (Handling of Personal Information)
The registered information of a User and information related to a User acquired by MIMS shall be handled in accordance with the Privacy Policy separately prescribed by MIMS. Please make sure to read the Privacy Policy before using the Site and/or Services. User shall be deemed to have agreed to the Privacy Policy once it starts using the Site or any of its Services.
Article 12 (Management of User Name and Password)
- Users may not share their User Name and Password with a third party, or lease or disclose the same to a third party.
- If a User breaches the provision of the preceding paragraph, MIMS may delete the User Name and Password of the User at its own discretion, and MIMS shall not be liable even if the User or a third party consequently suffers any damage.
- Users are responsible for managing their User Name and Password.
Article 13 (Assignment of Status under the Terms of Use)
- Users may not assign, sell or offer as security to a third party or otherwise dispose their status and rights under the Terms of Use without MIMS’s prior written consent.
- If MIMS transfers its business pertaining to the Site and/or Service to another company, MIMS may transfer, pursuant to such business transfer, its status under the Agreement for the use of the Site and/or Service, rights and obligations under the Terms of Use and registered matters of Users, to the transferee of the business transfer, and Users shall agree in advance to such transfer in this paragraph. The business transfer set out in this paragraph includes, not only ordinary business transfer but also a company split and all other cases where business may be transferred.
Article 14 (Linked Sites)
- Advertisements and sponsored links shall have no influence on Site content or presentation. MIMS does not guarantee, endorse or sponsor, directly or indirectly, the quality or efficacy of any product or service described in the advertisements or other material which is commercial in nature.
- MIMS is not responsible for the content of any other website from which User have accessed the website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result of your use of any other website from which you hyperlink to or from the website.
Article 15 (Scope of Warranty)
- MIMS PUBLISH THE SITE “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE SITE, AND/OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MIMS ALSO EXPRESSLY DISCLAIM ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING, SUFFERED BY ANY SUCH PERSON BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, THE INFORMATION CONTAINED IN THIS SITE.
- Please note that any information or content provided on this Site is not intended to serve as a substitute for clinical judgement and should not be relied upon solely for final treatment decisions.
- User is advised that approved drug information differs from country to country and the information may not be applicable outside of the country or region it is indicated for. If User is not a medical professional, User should note that this Site does not provide professional medical advice and is not intended to replace personal consultation with a qualified physician.
Article 16 (Prohibited Matters)
The Site prohibits the following acts upon the use of the Site. If MIMS confirms that a User is conducting any of the prohibited acts, MIMS may, at its own discretion, take necessary and appropriate measures such as warning to the User, and deletion of the user registration. The authority to decide the measures to be taken shall solely belong to MIMS, and MIMS shall not accept any inquiries or complaints concerning MIMS’s decision.- Act that infringes or may infringe patent rights, utility model rights, design rights, trademark rights, copyrights, trade secrets and other intellectual property rights of MIMS or third parties.
- Act that infringes or may infringe the property, privacy rights or portrait rights of third parties.
- Act that is in violation of public order and morality or laws and regulations.
- Criminal act or involvement in a criminal act.
- Use of the Site by impersonating others or use of the Site for commercial business without MIMS’s permission.
- Act that sends harmful computer programs or files containing viruses.
- Other acts that MIMS considers to be inappropriate based on rational grounds such as an act of obstructing or hindering the operation of the Site or the use of the Site by others.
Article 17 (Prohibition and Suspension of Use of Service)
- If MIMS considers that an event corresponding to any one of the following items has occurred, MIMS may, based on its own discretion, prohibit or suspend the use of the Site or take other necessary measures without notification to Users:
- impairment or infringement of the reputation, credibility or privacy of MIMS or third parties, or there is a possibility thereof;
- infringement of the copyrights or other intellectual property rights of MIMS or third parties, or there is a possibility thereof;
- loss of, damage to or leakage of the system or data of MIMS or third parties, or there is a possibility thereof;
- unauthorized use of the User Name and the Password, or there is a possibility thereof;
- an illegal act, an act of inciting or facilitating an illegal act, or an act that may result in such act;
- an act of obstructing MIMS from providing service to the Site, or an act that may result in such act;
- an act of obstructing or hindering the use of the Site by a third party, or an act that may result in such act;
- breach of the Terms of Use by a User;
- a User had been prohibited from using the Service on grounds of previously breaching the Terms of Use or other explanatory notes prescribed by MIMS;
- other events based on which MIMS considers necessary to prohibit or suspend the use of the Service or take other necessary measures.
- If MIMS takes measures against a User such as prohibiting or suspending the use of the Site, MIMS shall not be obligated to disclose the reason thereof to the User.
Article 18 (Copyrights, etc.)
- We own the copyright in the content published on the Site except where otherwise indicated by a third party’s proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is otherwise prohibited and no part of this website may be reproduced in any language, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, without the prior written permission of MIMS.
- Copyrights in the texts, images, videos, music, voices and programs configuring the Site and/or Service shall belong to MIMS except those Content posted by User in MIMS Community.
- Users may not reprint, replicate, analyze, modify, translate, lease, sell, distribute or create derivative works in connection with the rights set out in the preceding paragraph without the approval of MIMS or the author.
Article 19 (Disclaimer)
- If a User infringes the rights of others (impair the reputation of others, infringe the privacy rights of others, disclose personal information of a third party without consent, violate the Copyright Act, etc.), User must settle the claim for such infringement at its own responsibility and expense, and MIMS shall not take any measures or be responsible in any way.
- MIMS shall not take any measures or be responsible in any way for any direct or indirect damage suffered by Users or third parties arising from the loss or leakage of data by Users or the use of the Service for any purpose other than the intended purpose.
- MIMS shall not be liable in any way for any damage suffered by Users or third parties arising from the leakage, loss or falsification of information by a third party, unless it is resulting from MIMS’s willful act or gross negligence.
- MIMS shall not be liable in any way for any damage suffered by Users or third parties arising from the delay, suspension, change, termination, registration, prohibition of use, or suspension of use of the Site and/or Service, unless it is resulting from MIMS’s willful act or gross negligence.
- MIMS shall not be liable in any way for any indirect, incidental, punitive or derivative damage arising in relation to the Site and/or Service (including, but not limited to, the delay, non-performance or suspension of the Service).
- The liability of MIMS against a User under the Terms of Use shall be limited to the total amount of SGD1,000 for each event from which the damages have arisen.
Article 20 (Termination of Service)
MIMS may change the contents of all or a part of the Site or suspend the provision of the Site and/or Service without prior notice to Users whenever it deems necessary; provided, however, that, MIMS shall promptly notify Users to such effect.
Article 21 (Compensation for Damage)
If a User breaches the Terms of Use, MIMS may seek damages, seek an injunction, or any other claim against the User.
Article 22 (Governing Law and Agreed Jurisdiction)
This Terms of Use shall be governed by the laws of the Republic of Singapore, without regard to choice of law principles.