These terms and conditions (“Terms”, “Agreement”) are an agreement between PouchPASS Pte. Ltd. (“PouchPASS Pte. Ltd.”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the PouchPASS mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
Safety and Handling
See “Safety and Handling” in the PouchBAND User Guide. The PouchBAND and thermometer sensors are not medical devices. Medical Disclaimer As a consumer electronic product, by no way should this be considered a medical device and the information available on the PouchPASS Website, App or any publications are for general health information only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should not rely exclusively on information provided for your own health needs. All specific medical questions should be presented to your own health care provider and you should seek medical advice regarding and before making any changes related to your health.
If you choose to use the information available without prior consultation with and consent of your physician, you are agreeing to accept full responsibility for your decisions and agreeing to hold harmless PouchPASS Pte. Ltd., its agents, employees, contractors, and any affiliated companies from any liability with respect to injury or illness to you or your property arising out of or connected with your use of this information.
PouchPASS applies a coefficient algorithm to wrist temperatures recorded to adjust for lower temperature at the wrist compared to in-body (oral and rectal) thermometers. This facilitates users’ comprehension to expected standardised temperature ranges recorded by in-body thermometers. As a wearable thermometer, PouchPASS is exposed to ambient temperature fluctuations which should be taken into account. It is recommended to use PouchPASS indoors.
PouchBAND uses a CR2032 lithium-coin battery, the life of the battery shall be calculated from the date the battery was fitted in the Product and not at the date of delivery of the product. Avoid disposing of multiple CR2032 batteries at the same time. If you have a lot of them, stagger their disposal so they never touch each other in the trash. You should also avoid placing other metals next to your CR2032 batteries. Battery life varies between use with Apple iOS and Google Android devices. The battery lasted up to 6 months with normal use with an Android device in a controlled constant environment. Battery may have drained when kept in storage by the manufacturer or its distributors/suppliers.
Accounts and Membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
The information received by the system and displayed both in app and on dashboards, is completely reliant on the data received from the Bluetooth Thermometer Beacon. PouchPASS Pte. Ltd. is not responsible for the accuracy of the said device and is reliant on the manufacturers specification.
As wrists generally have lower temperature readings in comparison to axillary, oral or rectal temperature readings, a slight variance adjustment has been made to the displayed and recorded temperature. The wrist temperature has been compared to oral temperatures in numerous internal tests. The average difference was calculated and used as a default adjustment. Further calibration may be required.
Links to Other Mobile Applications
Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Mobile Application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
Intellectual Property Rights
This Agreement does not transfer to you any intellectual property owned by PouchPASS Pte. Ltd. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with PouchPASS Pte. Ltd. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of PouchPASS Pte. Ltd. or PouchPASS Pte. Ltd. licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any PouchPASS Pte. Ltd. or third-party trademarks.
Disclaimer of Warranty
You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will PouchPASS Pte. Ltd., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if PouchPASS Pte. Ltd. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of PouchPASS Pte. Ltd. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to PouchPASS Pte. Ltd. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold PouchPASS Pte. Ltd. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising outof or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and Amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
PouchPASS Standard Warranty Summary
PouchPASS warrants the included hardware product (Beacon) only against defects in materials and workmanship from the date of the original purchase. PouchPASS does not warrant against the silicone band, normal wear and tear, nor damage caused by accident or abuse. PouchBAND is water resistant not waterproof. Splash and water resistance are not permanent conditions and resistance might decrease as a result of normal wear. Liquid damage is not covered under warranty. To obtain service, email email@example.com available service options are dependent on the country in which the service is requested and maybe restricted to the original country of sale. Call charges and international shipping charges may apply, depending on the location. Subject to the full terms and detailed information on obtaining service available at https://pouchpass.com/legal/terms/, if you submit a valid claim under the warranty, PouchPASS will either repair or replace your PouchBAND at its own discretion. Warranty benefits are in addition to rights provided under local consumer laws. You may be required to furnish proof of purchase details when making a claim under this warranty. Please refer to the Warranty Details page http://help.pouchpass.com/ for more information.