1.  INTRODUCTION 

This document (as may be amended from time to time) sets out the terms and conditions under which Second Opinion Clinic and our specialists (also referred to as “us” or “we” or “our”) will be providing their services to you (also referred to as “your”).

2. YOUR OBLIGATIONS

2.1 You accept and acknowledge that it is your obligation to:

(a) ensure that the information and medical records provided to us are relevant, up-to-date, complete and accurate;
(b) comply with our instructions, for example, undergoing a physical examination, further test(s) and/or investigation(s) that are deemed by us to be necessary before we are able to provide an opinion;
(c) provide us with any additional information we may reasonably require and to the best of your ability, ensure that the information provided is accurate; and
(d) pay our fees and charges in accordance with our payment terms.

2.2 If you are receiving our services via tele-medicine, tele-consult, virtually and/or remotely, you accept that the absence of a physical examination, full medical evaluation or face-to-face visit may affect and limit our ability to provide an opinion on your condition, disease or injury.

2.3 You understand that no guarantee can be given concerning any particular result, outcome and/or cure of your condition, disease or injury.

3. OUR SERVICES & LIMITATIONS TO OUR SERVICES

3.1 To allow us to provide our services to you, we need to receive information and medical records that are relevant, up-to-date, complete and accurate. If the medical records provided to us are not originals, we assume the copies provided to us are true and accurate copies of the originals. We also assume that you have the legal right to provide the medical records or copies of the medical records to us.

3.2 We are not responsible for verifying the accuracy and/or completeness of the information and medical records provided to us. In particular, we are not obliged to access the National Electronic Health Record to obtain your medical information and/or healthcare history, and will rely solely on what you provide to us.

3.3 We will provide our opinion in a mode to be determined by our specialists which may be in a face-to-face setting (by way of a physical consult or remotely via tele-medicine, tele-consult, or virtually) or in a written report. For the avoidance of doubt, our specialists are not obliged to provide their opinion in writing unless they have specifically agreed to do so.

3.4 The opinion provided by us is not to be used or relied upon for any medico-legal purpose or in any legal proceedings including but not limited to legal proceedings against any other healthcare professional, practitioner and/or institution.

4. DATA PROTECTION AND CONFIDENTIALITY

4.1 We are committed to ensuring your confidentiality as well as the confidentiality of your personal data and medical information. We will take reasonable steps to manage and process your personal data in compliance with the Personal Data Protection Act 2012, the Ministry of Health’s guidelines and directives, and other relevant legislation. Our policy regarding the collection, use, disclosure and care of your personal data is set out in our Data Protection Statement, a copy of which can be provided to you upon request. By agreeing to these terms and conditions, you are also agreeing to the terms of our Data Protection Statement.

4.2 While we will take all reasonable measures to safeguard your personal data, you should be aware that no method of transmission over the Internet or method of storage of electronic medium is completely secure. There are also risks inherent in the nature of particular modes of communication relating to privacy, confidentiality, timeliness and/or effectiveness, which you are deemed to accept. In particular, you accept and acknowledge that it is not possible for us to absolutely guarantee the security and absolute confidentiality of email communications as well as communications via tele-medicine, tele-consult, virtually and/or remotely.

4.3 In the event that referral to another specialist or healthcare professional is assessed to be required and you agree to us making the referral, you shall be deemed to also consent to us providing your personal data and medical records to such specialist(s) or healthcare professional(s).

4.4 Nothing in these terms and conditions shall prevent us from disclosing your personal data and/or medical records:

(a) which we are required to disclose in order to comply with the law;
(b) as required by any regulatory or supervisory body; or
(c) to our legal or professional representatives or advisors.

5. GOVERNING LAW & DISPUTE RESOLUTION

5.1 Our services to be provided to you, and any complaint, claim or dispute arising out or in relation to it, shall be governed by and construed in accordance with Singapore Law.

5.2 Any dispute arising out of or in connection with our services provided to you shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of a single arbitrator. The language of the arbitration shall be English.

5.3 The parties further agree that at a time before the commencement of the arbitration hearing, they will attempt in good faith to resolve the dispute through mediation. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.