REPRESENTATION, WARRANTIES AND UNDERTAKINGS
3.1 By using the Application and Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information which you provide shall be true and accurate, which includes information on the medical establishment You represent and whether you have permission to act on behalf of such medical establishment;
3.1.3. You will only use the Application and Services for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Application secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service and/or Application in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You shall not impair or circumvent the proper operation of the network which the Service operates on;
3.1.9. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.11. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.12. You will not use the Application to cause nuisance or behave in an inappropriate or disrespectful manner towards WeAssist or any third party;
3.1.13. When using the Application or Service, you agree to comply with all laws applicable to you, including regulations and rules issued by Ministry of Health relating to your use of the Service;
3.1.14. You will not copy, or distribute the Application or other content without written permission from WeAssist;
3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that WeAssist may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, WeAssist has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.16. You will only use an access point or data account which you are authorized to use;
3.1.17. You agree that the Application is provided on a reasonable effort basis;
3.1.18. You agree that your use of the Application or Service will be subject to the Locum Policies as may be amended from time to time;
3.1.19. You agree to assist WeAssist with any internal or external investigations as may be required by WeAssist in complying with any prevailing laws or regulations in place; and
3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, WeAssist or any other party as a result of your breach of this Agreement.
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation, medical services, care services, or delivery services for hire to third parties in the jurisdiction in which you use the Service;
3.2.2. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation, medical services, care services, or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
3.2.3. If applicable, you will use the appropriate road safety equipment (e.g. helmet);
3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/ passenger transportation service or other delivery service;
3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation, medical services, care services, delivery service provided by you;
3.2.6. You shall obey all local laws and will be solely responsible for any violations of such local laws;
3.2.7. You shall not contact Users for purposes other than in connection with the Service;
3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of WeAssist, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and
3.2.11. You agree that you are forbidden from promoting competitors’ applications, giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of WeAssist’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and WeAssist reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used.
3.3. If you are a User, you further represent, warrant / undertake that :
3.3.1. Your use of the Service is, unless otherwise allowed by WeAssist, for the use of your organization/hospital/clinic/registered medical facility in which you are fully authorized to make decisions relating to the procuring of locum services;
3.3.2. You shall not contact the Third Party Provider for purposes other than the Solution;
3.3.3. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.4. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.5. You acknowledge and agree that only one (1) account can be registered on one device;
3.3.6. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.7. You agree that WeAssist may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.