Terms and Condition
Terms of Use
Last Updated on 12 Nov 2020
1.
Introduction
1.1
This Terms of Use (or ‘’TOU’’) governs
your access and use of the MediConCen Limited (“MediConCen”) mobile applications (the ‘’Application’’). Please
read the TOU carefully and confirm your acceptance before accessing or using the Application.
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.
Definitions
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.
5.10
MediConCen reserves the right to observe
and record your access to and use of the Application from time to time to determine whether you have complied with
these Terms of Use without prior notice.
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
8.1
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.
Indemnity
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.
Termination
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 service@mediconcen.com 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: info@mediconcen.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.
Miscellaneous
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.
17.8
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.