Terms and Condition
Last Updated on 12 Nov 2020
1.2 By accessing or using the Application, you hereby warrant and represent that you have been properly authorised by the policyholder and the applicable insureds (collectively, hereafter the “Insured”) to submit information pertaining to such Insured’s claims and to accept this TOU as well as the Personal Data Protection Policy and Practices. You are fully responsible for ensuring the validity of such authorisation and agree to indemnify us against any loss or claims thereof.
1.3 This TOU should be read together with our Personal Data Protection Policy and Practices, in accordance with the laws of the Hong Kong Special Administrative Region.
2.1 ‘’Company’’, ‘’we’’, ‘’us’’, or ‘’our’’ means MediConCen.
2.2 “You”, “your” or “yours” means any user of the Application and includes the Insured.
2.3 The headings used in this TOU are for convenience only and shall not in any way affect the construction or interpretation hereof.
2.4 Words and expressions importing the singular include the plural and vice versa.
2.5 Words and expressions importing one gender include both genders and the neuter.
2.6 References to any party in this TOU includes its successors and permitted assigns.
2.7 References to paragraphs are references to paragraphs in this TOU.
3. Availability of the Application
3.1 The use of any of the services provided by us may be restricted for certain individuals or in certain countries. If a person’s country or any other countries related to that person has laws that prohibit the use of our services, we shall not provide such services. All interested parties shall seek advice from their legal counsel in advance to see if their legal and financial status allows them to use the services provided by the Application.
3.2 Whilst we shall use commercially reasonable efforts to provide users with access to the Application twenty-four (24) hours per day, we cannot fully guarantee your access and you acknowledge that we make no representation or warranty that our mobile application will be available at all times.
3.3 You are responsible for your own hardware, software and facilities for the Application and we cannot guarantee compatibility of our mobile applications with your systems.
3.4 We shall be entitled to temporarily suspend, amend, upgrade or modify the Application to at any time, in our sole discretion, for any reason, and without any liability or responsibility to you. We are not responsible for any loss or damage suffered as a result of the suspension of or your use of the Application.
3.5 We may issue updates to the Application at times, based on our development schedule. You shall promptly follow our guidance and install any updates to the Application according to any direction or instructions provided by MediConCen.
3.6 The Application is currently free of charge to users, but we reserve the right to charge for the Application or any services provided to you.
4. User Conducts
4.1 When you use the Application, you do so under a licence from us. Your licence to use our mobile applications is personal, revocable, non-assignable, and non-exclusive. You may not use the Application for any commercial purposes or give this licence away to someone else.
4.2 You shall not post or transmit through the Application:
a. any material which violates or infringes in any way upon any intellectual property rights, proprietary rights or confidentiality obligations of others;
b. any material which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, profane, hateful, or racially, ethnically, or otherwise objectionable;
c. any material which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;
d. any computer viruses, macro viruses, trojan horses, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
If we become aware of any breaches constituted to a criminal offense or endangering national security or giving rise to civil liability or public disorder or otherwise violating any applicable laws, we may or may not notify you and reserve the right to remove such material immediately.
4.3 You shall not:
a. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
b. attempt to gain unauthorised access to the computer systems or networks connected to the Application, through password mining or any other means;
c. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other uses of the hosting service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
d. “stalk” or otherwise harass another; or
e. collect, store, print out, reproduce, distribute or otherwise make available or use any personally identifiable information or data about other users.
We reserve the right at all times to prohibit or deny your access to the Application or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the TOU or that such prohibition or denial is appropriate, desirable or necessary in our sole opinion.
5. Account Registration and Security
5.1 We shall have the right, in our sole discretion, to approve or to reject any users of the Application, without giving any reasons.
5.2 To access and use the Application, you must register and create an account in the Application. By doing so, you must provide your mobile number and email address. MediConCen may send you information via email, mobile telephone or other contact information provided by you in your account settings. The Application will link with your registered email and/ or moblie number. You also agree that by receiving email, SMS or mobile telephone notification, you may be charged by your wireless or internet provider and that such emails, SMS or mobile telephone notification may be generated by an automated dialling system.
5.3 Your email address is not under MediConCen’s control, and MediConCen is not responsible for the contents of your email address. Access to and use of your email address is at your own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks or connection to your email address, MediConCen shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service/products/contents they provide on their systems/platforms, or have any form of cooperation with such third parties and systems/platforms. MediConCen is not a party to any contractual arrangements entered into between you and the provider of the external platforms/systems unless otherwise expressly specified or agreed to by MediConCen.
5.4 We cannot guarantee that the email sent by us to you via the Internet is one-hundred percent secure. If you send a message to us via the Internet or if we send you a message at your request, there is no liability assumed by us in the process. We expressly disclaim any liability for any direct, incidental, special or consequential damages arising out of or in connection with your access to or use of the Application.
5.5 You must provide true and accurate details in all registration/ application/ enquiry forms you submitted to us on the Application. We will not process incomplete or inaccurate applications for registration.
5.6 Parents or guardians who exercise legal guardianship over a child or juvenile under 18 years of age may register an account and use our service for the corresponding child or juvenile.
5.7 You are fully and solely responsible for all claims, damages and costs arising from
a. any and all uses of the Application using your email, username and password;
b. our reliance on information you have provided; and
c. any breaches by you of this TOU, of any intellectual property or other right of any person or entity.
5.8 You agree to keep your registered account details safe and will not share them with others. Upon notice or suspicion of your password being disclosed to any unauthorized person or any unauthorised use of your account or any other breach of security being made, you shall change your password and notify us immediately. You shall remain responsible for any uses of your account and the Application by unauthorised persons or for unauthorized purposes. We shall not accept responsibility for any unauthorized access to your account due to your own failure to keep your account and/or password secure.
5.9 You are also wholly responsible for the use of the Application by any person using your phone or device and you must ensure that any such person complies with the TOU.
6. Intellectual Property
6.1 All information, data, text, music, sound, photographs, graphics software, video, messages or other materials displayed on or available through the Application belong to us or have been lawfully licensed to us for use on the Application. All rights under applicable laws are hereby reserved. While you may download or print material from the Application for your personal, non-commercial use, it remains the property of us, unless otherwise stipulated.
6.2 Unless otherwise specified by us on the Application or pursuant to separate licence granted by us, you are not allowed to upload, download, post, publish, reproduce, transmit, copy or distribute in any way any component of the Application itself or create derivative works with respect thereto without our prior written consent.
6.3 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with the Application without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
6.4 MediConCen, signs of MediConCen, other MedicConCen’s trademarks and service signs, and other signs, product names and service names of MediConCen are our trademarks (“MediConCen’s Symbols”). If you intend to use or display any MediConCen’s Symbols, you must ask for our consent. You shall not display or use any MediConCen’s Symbols without our prior written consent or in accordance with our media usage guidelines. All trademarks, brands and content shown on the Application are the property of their respective owners.
7. Personal data
7.1 Our use, collection, holding and processing of your personal data, including, but not limited to, any of your personally identifiable information, shall be governed by our Personal Data Protection Policy and Practices, and, in any case, shall be in compliance with applicable personal data protection laws.
8. Third Party Information
The information on the Application may
contain information provided by third parties or sourced by us from business information sources and other
references or sources (“Third Party Information”). Third Party Information is the sole responsibility of the users
and third parties, and its accuracy and completeness are not endorsed or guaranteed by us.
8.2 We are not responsible for any information that is inaccurate or not up-to-date. We do not separately verify the information provided by such third party or agency and you are cautioned thus to the reliability and accuracy of the information accordingly. Third Party Information is the property of the creator and we claim no right, title or interest to any such content and disclaim all warranties and liabilities related thereto. Any use and reliance of such information is at your own risk.
9. External Websites and Links
9.1 As for any other websites (“external website”) linked to the Application, we are not responsible for the content or its settings contained in such external websites. Your access to and use of the external website is at your own risk and is subject to any terms and conditions of accessing and using these external websites.
9.2 By providing hyperlinks to an external website, we shall NOT be deemed to
a. endorse, recommend, approve, guarantee or introduce any third party or the services or products it provides on the external website, or
b. have any form of cooperation with such third party and the external website.
9.3 We are not a party to any contractual arrangement entered into between you and the provider of any external website unless we expressly specified or agreed in writing.
10. Disclaimers, Limitation of Liability, and Warranties
10.1 By downloading, accessing and/or using the Application, you acknowledge and accept that the use of our mobile applications is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access the Application.
10.2 The Application and the information and materials contained in it are provided "AS IS" without warranty of any kind whether express or implied, or representation of any kind. In particular, we do not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from virus in relation to such contents.
10.3 We will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and WE EXPRESSLY DISCLAIM AND EXCLUDE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY OF WHATEVER NATURE FOR ANY LOSS, DESTRUCTION, DAMAGE, COSTS OR EXPENSES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) ARISING FROM OR IN RESPECT OF THE APPLICATION, ANY CONTENT OR SERVICE OR ANY COMPILATION, USE, MISUSE OF OR RELIANCE ON THE INFORMATION DELIVERED ON THE APPLICATION OR INABILITY TO USE THE APPLICATION.
10.4 You acknowledge and agree that the information provided in the Application is intended for general information purposes only. Information on the Application is not medical or healthcare advice, diagnosis or treatment in general or for any particular individual case or patient and should not be treated as a substitute for professional medical advice, diagnosis or treatment. It also does not represent the applicable policy terms and conditions, whether wholly or partially. You should obtain such advice independently as appropriate and are advised to read through the policy and acquaint yourself with the applicable policy terms and conditions.
10.5 Without limiting the foregoing, MediConCen shall not be responsible for any detrimental reliance that you may place upon the Application or its contents whatsoever. You are urged to exercise your independent judgment on the use of the Application and any content thereon.
10.6 No warranty is given that the Application or the information on it will be available uninterrupted or free from delay, errors, virus or bugs. Further, we exclude any liability of whatever nature for error, failure, interruption or delay in the performance of the Application at any time. We may in our sole discretion terminate, suspend or withdraw the provision of the Application (or any part thereof) at any time without any prior notice.
10.7 We shall not indemnify you or any other person from any loss or damage (including direct or indirect damages, or special or corresponding) or be held legally responsible in the following circumstances (for negligence, infringement, breach of contract or other reasons) or related matters:
a. Violation of the security of your registered account, or access to or use of any information in your registered account by an unauthorized third party; and / or
b. Violation of the security of your computer, mobile phone or other device, or access to or use of any material by an unauthorized third party through your computer, mobile phone or other device.
10.8 The above exclusions and limitations of liability apply to MediConCen, any of our officer, director, or employee thereof, and any other person associated with the creation of the Application or its contents.
10.9 The above exclusions and limitations apply to the maximum extent as permitted under the laws of Hong Kong Special Administrative Region.
11.1 You agree to indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, agents and employees harmless from and against any action, liability, demands, loss, damages, costs and expenses (direct/indirect, and including legal fees and expenses on a full indemnity basis), incurred by or suffered by us in connection with or arising from any breach, alleged breach or non-performance by you of your representatives, warranties and obligations under this TOU, and/or any your acts of omissions.
11.2 We may, if necessary, participate in the defence of any claim or action and any negotiation for settlement. You agree not to make any settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
12.1 We may, without penalty, liability and/or responsibility to you, terminate this TOU and/or suspend or terminate your user account, and/or your access to, or use of, all or part of the Application with immediate effect at any time with or without cause and notice to you.
12.2 You may terminate this TOU at any time by uninstalling the Application and destroying any and all copies of the Application in your possession and/or control.
13. Consequences of Termination
13.1 Upon termination of the TOU (for whatever reason), no party shall have any further obligations to any other under this TOU.
14. Embedded content
14.1 Embedded content in the Application (including embedded text, images, recordings and videos) comes directly from third party websites or social medias including but not limited to Facebook, Twitter, YouTube, Sina Weibo or Instagram.
14.2 Embedded content is subject to the terms of the website or website operator to which it belongs and we are not responsible for. You must abide by the relevant terms before you can use or access to such content and shall assume all consequences and responsibilities.
15. User-generated content
15.1 The Application may support and publish user-generated content including comments, discussions, visual executors, audio, video content, and other content submitted by registered users. By logging-in the Application, you agree that you will not use the function for the following purposes:
a. Intimidation, knowingly false or illegal comments; using vulgar language; or conducting personal attacks;
b. Impersonate any person or individual on the Application or create a false identity (except pen names).
15.2 By submitting the user-generated content for its release in the Application, you are granting the company an irrevocable, global, transferable, royalty-free, non-exclusive, sublicensable license to copy, public performances, public display, edit, create derivative works from and distribute the above content.
15.3 By submitting user-generated content, you guarantee and declare that you own or otherwise control all rights to your content, including but not limited to all the rights required to provide, post, upload, enter, submit or granting license for the above matters (for you), and all the rights required to post, upload, cross-page postings and upload content across web pages (for us).
15.4 You may edit or remove the content posted by you in the Application at any time. If you delete the content in the Application, the public and other users of the Application cannot view the corresponding deleted content, but it is still stored in the server of the Application until you make a special request to us instructing us to permanently delete the contents in the server of the Application. You can email the request to firstname.lastname@example.org in writing.
15.5 In addition, you understand and agree that the user-generated content posted on the Application is accessible, available for reading and usable by the public under the license mentioned under Clause 15.2 of this TOU. In particular, you understand that if you publish a visualizing thread in the Application, open the functions of the Application or press the consent in response to the message from the Application, and allow public sharing, any public members can see those content.
15.6 You understand and agree that we may monitor the user-generated content of the Application; we also reserve the right to modify, edit or remove any of the above content for any reason, without notice. In addition, you understand and agree that we may pre-screen user-generated content and, without notice, do not publish the content for any reason at our sole discretion. We are not responsible for monitoring, modifying, removing or refusing the publication of the user-generated content.
15.7 In addition, you also agree and understand that the views and opinions expressed by other users of the Application are personal opinions and shall not be regarded as the views and opinions of the Company. Users of the Application and third parties are responsible for the user-generated content and third party information, and we do not endorse or guarantee the accuracy and completeness of the related content and information. User-generated content and third-party information are the property of the creator, and we do not have any rights, title or interest in it, and we are not responsible for any guarantees and liabilities associated with them.
15.8 If you believe that your copyrighted work has been posted to our company without authorization, you can send us a notice of infringement requiring us to remove such content by email to us at: email@example.com
15.9 Only the copyright owner or an agent authorized to act on behalf of the owner may make a request under Clause 15.8 of this TOU, and shall also submit a valid proof of ownership. We reserve the right to modify, edit or remove any content that receives notice of infringement at any discretion, without notice, for any reason. You agree that we can terminate your account if we receive more than two notices of infringement of your account.
16. No Medical or Financial Services or Products Available
16.1 We only provide an online platform for registered clinics to provide information on their services, and to connect different clinics, insured employees and businesses through blockchain technology. We do not provide any medical or financial services or products through the Application. Using our mobile app does not mean initially establishing a doctor-patient relationship. The provision of information about any services or products in the Application does not constitute an offer, solicitation or recommendation of those services or products by us. The information provided by the Application is not intended to be distributed or used in any jurisdiction in which that distribution or use may violate the law.
16.2 We do not make any representation that any services or products that is available for viewing in the Application is suitable for you or any person. You confirm that:
a. The Company does not instigate you to use the Application or to provide any information in relation to the use of it; and
b. Any information provided through the Application does not constitute and shall not be considered as financial, medical or professional advice. This information does not represent the applicable insurance policy terms and conditions (whether in whole or in part). You shall seek appropriate independent advice on your own, and you shall read the policy carefully and understand the applicable policy terms and conditions.
16.3 The medical experts within the Company’s network are not employees of the Company or independent service contractors. Any opinions, suggestions or information expressed by any such individual do not represent the opinions of us. The Company does not recommend any specific tests, doctors, products, clinical operations, opinions or other information that may be mentioned in the Application or by our license holders. The inclusion of professionals and experts in any professional catalogue of the Application does not imply that we recommend or endorse such professionals, nor does it imply that such information is intended to be used as a tool to verify any certificate, qualification or ability of any professional contained therein. We prohibit any entity or individual from using the Application to verify the certificate of a professional or expert.
16.4 The use of the Application does not relieve you of any obligation to comply with any regulatory requirements related to accidents or general practices relating to claims.
17.1 Entire agreement. The TOU constitutes the entire agreement between the parties relating to its subject matter, and supersedes and extinguishes any and all previous drafts, agreements, promises, assurances, undertakings, understandings and arrangements between them of any nature, whether written or oral, relating to such subject matter.
17.2 No variation. You may not amend the TOU without our express, prior written agreement. We may make amendments to the TOU from time to time, without prior notice to you. The latest TOU will be posted on the latest version of the Application. You are advised to check the latest version of the TOU every time you download, access and/or use our mobile applications. You agree that your continued use of the Application constitutes your agreement to the modified TOU.
17.3 Governing law and jurisdiction. The TOU, and any disputes, controversies, differences, or claims arising out of, or in connection with, it or its subject matter or formation (including non-contractual disputes or claims), are, and shall be, governed by, and construed in accordance with, the laws of Hong Kong, and each of the parties irrevocably submits to the exclusive jurisdiction of the Hong Kong courts.
17.4 Partial invalidity. If any provision of the TOU is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions.
17.5 Dispute Resolution. You agree to meet and confer in good faith to resolve any controversy, dispute or disagreement that arises out of or relates to this Agreement. However, if you and MediConCen cannot agree, any dispute, controversy, difference or claim arising of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
The law applicable to this arbitration clause is the Hong Kong law.
The place of arbitration shall be Hong Kong.
The number of arbitrators shall be one.
Although any issues are dealt with by arbitration in accordance with this clause, you agree to continue to perform your obligations under this Agreement. This clause does not affect the right of any party to seek emergency or related temporary relief.
In the event of a dispute that is difficult to resolve, you agree to proceed in a non-legally binding manner before resorting to the court to resolve the dispute.
17.6 Waiver. Our failure at any time to require performance of any provision of the TOU or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. No written waiver by us shall be construed as a waiver of any continuing or succeeding breach of any provision of the TOU or of any right provided for herein, unless the written waiver contains express statement to the contrary.
17.7 Third party rights. The TOU do not create any right enforceable by any person who is not a party to the TOU under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong), irrespective of whether or not a Paragraph of the TOU confers or purports to confer a benefit on such person.
Language. The TOU has been translated
into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the
English version shall prevail.