Disclaimer

La Cura Mobility is a premier fall prevention exercise service provider, “known as a service”, to help seniors to live with a strong body, strong mind and to stay socially connected. We also provide senior care services and products. We work with senior activity centres and seniors' families for the services and the products. La Cura Mobility does not recommend or endorse any service or product providers nor is it responsible for the conduct of any end-users on the services and products provided. However, each individual is solely responsible for selecting an appropriate service or product for themselves or their families and for complying with all applicable laws in connection with any employment relationship they establish.

La Cura Mobility does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license. La Cura Mobility is our service mark of La Cura Mobility Pte Ltd © 2020.

 


User Agreement

In consideration of the Company making the Services and lacuramobility.com ("Website") available to you, and by accessing or using this website and any Service herein, you agree to be bound by these Terms of Use. You are offered use of the Service based on the terms and conditions set out below which should be read in conjunction with our Privacy Policy and Payment Terms which are hereby specifically incorporated by reference. These terms and conditions were last modified on 01/11/2020.

 


Definitions

In these Terms of Use, unless the contrary is specified or the context otherwise requires:

The following words or phrases shall have the meanings ascribed to them as follows:

“Service Providers” means any other person or company working for or on behalf of a care service registered under the terms of this website.

“Product Providers” means any other person or company working for or on behalf of a care products registered under the terms of this website.

“Company” means La Cura Mobility Pte Ltd incorporated under the laws of the Republic of Singapore and holding registered company number: 202024152K), whose registered office is at 2, Woodlands Sector 1, #01-07 Spectrum1, Singapore 738068, including where the context so allows, its shareholders, employees, affiliates, associated and contracted persons, companies or businesses supplying services to the Company.

“Users” means any other persons or company accessing this website, regardless whether they are registered with La Cura Mobility or otherwise.

“Member” means any registered end-users of the website, product providers, service providers, and other corporates and businesses that has registered with the Company having agreed to comply with the terms of Membership.

“Service” means any service or procedure used/provided by the Company to any Member and includes, but is not limited to: information, products and services provided by telephone, fax or mail, on the Website or by E-mail, further details of which are contained within these Terms and Conditions and in other parts of the Website.

“Third Party” or “Third Parties” means – person, persons, company or companies, websites or any other business or enterprise that is being referred to, in the context of these Terms and Conditions, as being other than the Company or a Member.

“End-user” means any person, company or other organization or entity using the Services of the Company in order to be introduced to one another and/or use or render the services of any introduced end-user of the Company, and also includes any member.

“Website” means – the entire web site accessible at or through lacuramobility.com including any web portal and the content contained therein, as well as any program for accessing the same through mobile technology, where such portals or content are under the editorial control of authorized members of the Company.

“Your Information” means – any information you provide to us or any other End-user in relation to or in connection with any Product or Service including information provided during registration and any other communication processes arising as a result of your use of any Service or the Website.

 


1.  General Disclaimer

In using this Website or any Service, you hereby acknowledge and agree that:

a.  It is your responsibility to select a product or service and to negotiate the terms to be performed by the provider(s) you have selected and that the Company makes no warranty regarding any goods or services purchased or obtained through an introduction made via the Website or any Service or any transactions entered into through the Website.

b. The Company relies on data provided by End-users and Third Parties to determine which product or services, including service providers are included in the database accessible via the Website and does not recommend or endorse any specific product or service providers.

c. Whilst the Company shall use its reasonable endeavours to do so, it does not guarantee to be able to find a service provider suitable for undertaking a Job whether by reason of geographical restrictions or otherwise.

d. The Company provides no guarantee that a service provider to whom it has passed a service or product request information will contact you.

e. The Company shall not be held liable to you in respect of any contract or other agreement entered into between any end-users and any product and service providers. In particular, but without limitation, the Company shall not be held liable in relation to the quality or fitness of any Work performed or omitted to be performed by any product and service providers and accordingly shall not be liable to you for any occurrence or omission resulting from the introduction of the providers to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising.

f. The Company does not employ, recommend or endorse any end-users, service or product providers.

g. Although the Company provides you with tools to help you connect with Product or service providers and make informed decisions, you are solely responsible for selecting an appropriate service or product, including making any inquiries or requesting for evidence of any specific trade or professional qualifications where necessary, and also for complying with all applicable laws in respect of any contractual relationship you wish to establish.

h. The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same.

i. The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional or other regulatory license.

j. Where you are seeking care on behalf of another person (“care recipient”), you warrant and guarantee that you are fully and lawfully authorised to furnish any and all personal information concerning the care recipient, including agreeing to these Terms of Use.

 


2. General Disclaimer – Product or Service Providers

In using this Website or any Service as a product or service provider, you hereby acknowledge and agree that:

a. The Company relies on you to specify and describe your product and/or service specifications, and the Company makes no warranty for the accuracy or completeness of any information provided by you, for which you are solely responsible.

b. The Company makes no guarantee to refer any end-users or members to you.

c. The Company makes no warranty as to the availability or suitability of any particular product or services listed on the website.

d. Where a specific trade accreditation or registration is required to be held by you for any particular Job, you shall, where requested by the end-user, furnish at your own cost to the end-user and the Company evidence of the relevant accreditation or registration prior to fulfilling the end-user’s request.
e. You are solely responsible for ensuring that you possess the necessary certifications if any to tender for any request and that you are appropriately qualified and competent to complete any service you tendered for.

f. In relation to any specific service, the Company shall not be liable to you for any occurrence resulting from the introduction of the member to you, including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by you howsoever arising.

g. Where you advise us of your certifications as part of our registration process, we may (at our discretion) verify your certification, although the validity of the certificate remains your responsibility.

h. The Company does not employ, recommend or endorse any user, member or product and service providers.

i. Although the Company provides you with tools to help you connect with end-users and/or members and make informed decisions, you are solely responsible for complying with all applicable laws in respect of any contractual relationship you wish to establish with any end-users or members.

j. The Company does not verify or guarantee any trade accreditation or registration (or the validity thereof) whether on its own or on any person’s behalf, and shall not be liable to you for any such verification or guarantee or the failure to provide the same.

k. The Company does not provide medical advice, diagnosis or treatment or engage in any conduct that requires a professional license.

 


3. Privacy and Data Protection and Exchange of information

a. You expressly consent to uses and disclosures of Your Information as set out in the Company’s Privacy Policy.

b. The Company’s Privacy Policy is available within the website.

c. The Company holds Your Information on a database and as part of the business System strictly in accordance with its Privacy Policy.

d. The Company will use its reasonable endeavours to use information details of Job requests by End-users or members to select a suitable provider. Should a provider expresses an interest in quoting for the Job, suitable contact details will be sent to both the End-user or member and the provider concerned.

e. The Company will make End-user profile information available to other End-users, including ratings and comments from Members in relation to historic Jobs available for Members and non-Members to see at any stage on the Website.

f. If for any reason you do not wish any or all of Your Information to be used in the way set out in these Terms and Conditions then please do not use the Services of the Company.

g. The Company shall provide, on request from any Member, a copy of any data held by the Company in respect of the requesting Member on receipt of proof of identity and in consideration of payment of an amount to cover administrative costs, the quantum of which shall be communicated to the Member at an appropriate time.

h. Members shall not use contact information obtained from the Website or any information obtained through the Company except for the purposes of accepting or rejecting specific requests or inquiries notified to the Member via the Service or the Website, and this obligation shall inure to the benefit of any person whose contact information is used by Members, as against the Member using that information.

i. Members agree not to use any personal contact information of any other Member provided via the Service or the Website for any unsolicited or commercial messages save as expressly authorised by these Terms and Conditions or where expressly authorised by the particular Member following adequate disclosure of the purpose(s). In addition, a Member agrees to only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws.

j. In addition, under no circumstances, except as defined in this Section, can a Member disclose personally identifiable information about another Member to any Third Party obtained as a result of the Services without the Company’s consent and the consent of such other Member after adequate disclosure.

 


4. Disclaimer of Warranties

a. The Website and the Services are provided on an “as is” and “as available” basis and the Company makes no warranties or representations, whether express or implied, in relation to the Website or the Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose.

b. The Company makes no warranty that the Website or use of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free.

c. No warranty is given by the Company as to results that may be obtained or the accuracy of any information obtained through the Website or the Services or that any defects in the Website or the Services will be corrected and you understand and agree that any material or data obtained through use of the Website or the Services is at your own discretion and risk.

 


5. Your information

a. You are solely responsible for Your Information. You agree to provide true, accurate, current and complete information to the Company. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

b. Your Information and your activities on the Website must not be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your Information must not infringe any Third Party’s copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography.

c. Your Information must not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. Your Information must not link directly or indirectly to any other website.

d. To enable the Company to use Your Information, you grant to the Company a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) licence to exercise any and all copyright, trade mark, publicity, and database rights you have in Your Information or any part thereof, in any media whether or not currently known; You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

e. Your Information may not contain any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any System, data or personal information. Your Information may not contain anything to cause the Website to be interrupted, damaged, rendered less efficient or affected such that the effectiveness or functionality of the Website is in any way impaired.

f. You hereby acknowledge that the Company shall be entitled to edit, modify or remove any part or parts of Your Information which it considers in its sole and absolute discretion to be in breach of any of the provisions of these Terms and Conditions.

 


6. Your Obligations

In addition to any other obligations herein, you:

a. May not submit, offer or tender for services which are prohibited by Law;

b. Are responsible for procuring the necessary equipment and the payment of telephone charges necessary to access the Website;

c. Accept responsibility for any content you provide on the Website;

d. Agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the Company’s prior written permission;

e. Agree not to use the Website or the Services for any illegal purpose and to use the Website or the Services in accordance with all relevant laws;

f. Agree not to use the Website or the Services to transmit or post any chain letters or any material for the purposes of publicity, promotion and/or advertising;

g. Agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Company’s express written permission;

h. Agree not use the Website or Services as source of targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of a Third Party;

i. Agree not to bypass measures we may use now or in the future to prevent or restrict access to the Website or certain information contained therein;

j. Agree that in the event that you have any right, claim or action against any End-user arising out of the use of the Website or the Service, then you will pursue such right, claim or action independently of, or without recourse to, the Company;

k. Acknowledge that La Cura Mobility may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination or suspension shall include offensive and abusive content reported;

l. Further acknowledge that La Cura Mobility may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

 


7. The Company’s Rights

a. The Company reserves the right to modify or discontinue all or part of, temporarily or permanently, the Website or any Service without notice to you and you confirm that the Company shall not be liable to you or any Third Party for any modification to or discontinuance of the Website or the Service.

b. The Company may amend these Terms of Use from time to time and shall post such amendments on the Website and shall update the date upon which these Terms of Use were last modified. Your continued use of the Website and any Service after the date of each amendment will constitute your acceptance of the amended Terms of Use.

c. The content, layout and organisation of the Website shall be subject to variation at the sole discretion of the Company.

d. In the event of the Company’s publication of the Website being restricted, curtailed or prevented by any law or any other act or thing beyond the Company’s control, the Company may at any time, notwithstanding anything contained in this Agreement, forthwith terminate this Agreement in whole or in part.

 


8. Intellectual Property Rights 

a. To the extent that all copyright and other intellectual property rights throughout the world in Your Information does not vest in the Company by operation of law or the other provisions of this Agreement, you hereby grant to the Company (free of charge) an exclusive, perpetual, world-wide royalty-free licence to use such information for any purpose.b.         You hereby acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the “Rights”), including the manner in which the Website is presented or appears and all information and documentation relating thereto is the property of the Company and nothing contained herein shall be construed so as to transfer any such rights to you.c.         Without prejudice to the generality of the foregoing, if and to the extent that you own any or all of the Rights, you hereby irrevocably and unconditionally assign the Rights, with full title guarantee, to the Company for the full period of copyright and all renewals extensions and/or revivals thereof and thereafter in perpetuity, throughout the world.

 


9. Indemnity

a. You agree to indemnify the Company forthwith on demand and hold the Company harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the Company in connection with any claims, actual or threatened, of any kind (including without limitation any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the provision of Your Information (regardless whether such information is your own personal information or personal information of another person) or from your use of the Website or any Service.

b. You fully understand that fitness training of any form, is always with potential hazard. You are with full knowledge that in keeping fit and healthy do involve a risk of injury and even death, and that you are voluntarily participating in the activities organized by La Cura Mobility with such dangers involved.

c. You declare that you are physically able, and that my physical condition, impairment, disease, infirmity, or other illness that may have not prevented my participation in the fitness activities. you are fully aware that you may discontinue in participating the program at any time that see fit to do so.

d. You agree fully that if at any time you experience discomfort, dizziness, or pain of any type, you will stop exercising, participating in the La Cura Mobility activities immediately, and you will consult a medical practitioner.

e. You assume all the risks associated with the fitness exercise workout programs, and outdoor activities, and for any physical injury or damage that may arise out of my participation in the fitness training program or that may result from the use of the training or any activity organized by La Cura Mobility.

f.  You hereby indemnify, hold harmless to La Cura Mobility and its members, from and against all liability, including death, and for any claims, demands, actions, loss, and damage arising out of or in any way connected with your participation.

 


10. Limitation of Liability

a. Neither party shall, nor shall it purport to, exclude or restrict liability for death or personal injury resulting from the negligence of it or its employees, servants or agents acting in the course of their employment.

b. You acknowledge that the Company has no effective control over the information that can be accessed by using the Website and any Service, and that the Company may not be in a position to examine your use of the Services or the nature of the information you are sending or uploading, and you shall therefore not hold the Company liable in any way in relation to the transmission or reception of any such information.

c. The Company does not represent that the information contained in the Website or in any communication from the Company, including but not limited to telephone conversations, E-mails and letters, is accurate, verified, current, comprehensive or complete and such information may contain inaccuracies, typographical, human and/or machine errors, or omissions.

d. The Company shall not be liable in any circumstances for any direct, indirect, consequential or special damages arising from use of the Website or any Service.

e.Where you rely or act upon any of the information contained within the Website or any Service, you do so entirely at their own risk.

f. E-mails that are automatically generated from information provided by End-users are not under the editorial control of the Company and therefore do not necessarily reflect the opinions, positions and/or beliefs of the Company.

g. The Company is not responsible and cannot be held liable for any inaccuracies, the validity, reliability, any falsehoods, misrepresentations, defamatory language or words, libellous statements, fraudulent activities or any other damaging words, sentences or statements contained in the components of E-mails that are not under the editorial control of the Company.

h. To the extent permissible by law, the Company shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Website or any Service, or with these Terms of Use, including without limitation damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where the Company has been advised of the possibility of such loss or damage).

i. Without limiting the generality of Clauses 10 (g) and 10 (h), you agree not to hold the Company responsible for any damages or other liabilities arising from product provided or services rendered through the providers registered under La Cura Mobility. The Company does not and cannot be involved in End-users’ dealings with providers, or control whether or not providers will complete any work as agreed and in the event that an End-user has a dispute with one or more product or service providers, the End-user hereby releases the Company (and its agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

j. Save as expressly set out herein, all conditions, warranties and obligations which may be implied or incorporated into this Agreement by statute, common law, or otherwise and any liabilities arising therefrom, are hereby expressly excluded to the extent permitted by law.

k. While every reasonable care will be taken in respect of information supplied by you, the Company cannot accept liability for any information placed or omitted to be placed on the Website (whether or not any such liability is occasioned by the Company’s fault or negligence or otherwise).

l. The Company cannot and does not guarantee and does not warrant against human and/or machine errors, omissions, delays, interruptions or losses of information or data, infringing any material, or defamation.

m. The Company cannot guarantee the day or time that the Company will respond to any E-mail, telephone or written enquiries or Website form submissions.

n. Any responses made by the Company do not purport to be complete and exhaustive.

o. Without limiting the foregoing, the Company shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, transmitter or satellite degradation, failure of the Internet, interruption or failure or any other condition beyond the control of the Company’s affecting production or delivery of the Website and any information incorporated in it in any manner or any of its obligations under these Terms of Use.

p. Each of the provisions of this Clause 10 shall be construed separately and independently of the others.

 


11. Disputes

a. Should Members have a dispute with another Member or Provider, they must, in the first instance, address the dispute directly to the Member concerned and feedback the results to the Company.b.         The Company may at its sole discretion without being under legal obligation to do so, investigate any grievances held by Members, and may discuss any investigation with any or all involved parties. However there are only three possible outcomes of a grievance investigation:

(1). A Member may be allowed to continue using the Services of the Company;

(2). Member may be Suspended from using the Services of the Company for a period of time, at the discretion of the Company;

(3). A Member may be banned indefinitely from using the Services of the Company.

c. You hereby agree to release the Company from any damages or claims (including punitive, consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes, especially including and without being limited to the Company’s investigation, discussion and follow-up actions pursuant to Clause 11 (b) above.

 


12. Suspension And Termination

a. The Company reserves the right to Suspend or discontinue its Service to individual Members, with immediate effect, as it sees fit and in circumstances including, but not limited to:

(1). Where the Company has not received written permission from provisional Product or service providers to undertake the necessary checks as part of its vetting process within 14 days of the Company requesting such permission.

(2). Where payments that are due have not been settled within 14 days, this time period to exclude any time the money is held in any escrow or similar arrangement as required by the Company.

(3). Where the Company suspects that a Member is in material breach of any term hereof.

b. The Company may terminate any End-user’s ability to use any Service forthwith by written notice if the he commits any material breach of any term hereof and which (in the case of a breach capable of being remedied) shall not have been remedied within 30 days of a written request to remedy the same.

 


13. General

a. Clause headings are inserted for convenience only and shall not affect the construction hereof.

b. If any provisions herein are held to be illegal or unenforceable such provisions shall be severed and the remainder of these Terms of Use shall remain in full force and effect unless the business purpose of these Terms of Use is substantially frustrated thereby.

c. You may not assign, transfer or sub-contract any of your rights under these Terms of Use without the prior written consent of the Company. The Company may assign, transfer or sub-contract all or any of its rights whether under these Terms of Use or elsewhere at any time without your consent.

d. Any express or implied waiver by the Company of any term or condition hereof or any breach or default by you may be terminated by the Company at any time. No such waiver shall constitute a continuing waiver nor shall it prevent the Company from acting upon that or any subsequent breach or default or from enforcing any term or condition hereof.

e. These Terms of Use and incorporated referred documents constitute the entire agreement between the Company and you as to the subject matter hereof and supersedes all previous communications, representations and arrangements, either written or oral (other than fraudulent misrepresentation). You acknowledge that no reliance is placed on any representation not embodied herein.

f. The provisions of Clauses 1, 2, 3, 4, 9, 10, 11, and 14(f) shall survive termination of these Terms of Use.

g. Any notice to be given under these Terms of Use may be given via E-mail, regular mail, facsimile or by hand to the address provided on the Website or otherwise as notified by one party to the other.

h. No terms or conditions other than those set forth herein or any variation thereof under Clause 7(b) shall be binding upon the Company, unless reduced into writing and signed on behalf of both the Company and you.

i. Nothing herein shall create or be deemed to create any joint venture, principal-agent or partnership relationship between the parties and neither party shall hold itself out in its advertising or otherwise in any manner which would indicate or imply any such relationship with the other.

j. Save as expressly set out herein, these Terms of Use confer no rights on any Third Party.

k. These Terms of Use shall be subject to the laws of Singapore and the parties hereby submit to the exclusive jurisdiction of the Singapore courts.

 


If you have any further comments or questions regarding our End-user Agreement, Privacy Policy or Payment Terms then please contact us at contact@lacuramobility.com. We’re here to help!