Terms Of Use

Last Updated: June 11, 2020

The following terms of use (the “Terms of Use”) govern your access to and use of: (a) any mobile device software provided by us to you through the Apple App Store or Google Play, as applicable (the “HIAHealth Mobile Application”); and (b) all other services provided by Health In Action Limited, as described on, or provided through, the HIAHealth Mobile Application. These Terms of Use form an agreement between Health In Action Limited. (“HIAHealth”, “HIA”, “us”, “we”, “our”) and you. The term “you” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the HIAHealth Mobile Application (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY USING THE HIAHEALTH MOBILE APPLICATION (AS THAT TERM IS DEFINED ABOVE), YOU: (A) REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2 . IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT USE THE HIAHEALTH MOBILE APPLICATION. IF YOU ARE USING THE HIAHEALTH MOBILE APPLICATION ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

YOU ACKNOWELDGE AND AGREE THAT THE HIAHEALTH MOBILE APPLICATION AND THE HAHAHEALTH SERVICES PROVIDED BY US OR THROUGH THE HIAHEALTH MOBILE APPLICATION ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT.

  1. Permitted Use

The HIAHealth Mobile Application is provided solely (the “Permitted Use”) to assist you by providing you with tools and resources that may be helpful in your road to a healthy lifestyle (the “HIAHealth Services”).

As a condition of your use of the HIAHealth Mobile Application, you represent and warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; (c) you will use the HIAHealth Mobile Application in accordance with these Terms of Use; and (d) all information supplied by you on the HIAHealth Mobile Application is true, accurate, current and complete.

HIAHealth retains the right, at its sole discretion, to deny you access to the HIAHealth Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by HIAHealth.

  1. Changes to these Terms of Use and HIAHealth Platform

Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued access to or use of the HIAHealth Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. We reserve the right to change any designs, graphics, pictures, videos, music, sounds, names, words, titles, phrases, logos, marks, information, material, images, text, data, media or content contained on or provided through the HIAHealth Platform, including any care plans or information about third party providers of health or medical-related products or services (the “Content“) at any time, and from time to time, without notice.

  1. License Grant to the HIAHealth Mobile Application

Subject to these Terms of Use, we grant you a personal, revocable, non-exclusive and non-transferable license during the Term to use the HIAHealth Mobile Application on your mobile device in accordance with these Terms of Use.

  1. Data You Upload To Us

You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the HIAHealth Platform (including through a mobile device); or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing the HIAHealth Services and making available the HIAHealth Platform; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.

  1. User Account for HIAHealth Mobile Application

You may be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the HIAHealth Mobile Application and be issued with a membership ID or using an existing membership ID and create a password login credentials (the “User ID”) in order to use the HIAHealth Mobile Application. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else. We reserve the right to disable any User Account issued to you at any time in HIAHealth’s sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the HIAHealth Mobile Application, or your account details.

  1. Term and Termination

These Terms of Use will commence on the day you first use the HIAHealth Platform and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) HIAHealth may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at HIAHealth’s discretion, by email (at your current email address on file with HIAHealth) or through the HIAHealth Platform; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the HIAHealth Platform) that your User Account be deleted, ceasing use of the HIAHealth Platform and uninstalling and deleting the HIAHealth Mobile Application.

  1. Ownership

The HIAHealth Platform and the Content, including (without limitation) all designs, graphics, pictures, illustrations, software, artwork, videos, music, sounds, names, words, titles, phrases, logos and marks displayed on the HIAHealth Platform, are owned or licensed by us and are protected by copyright, trade-mark and other intellectual property laws.

We expressly reserve all rights in the HIAHealth Platform, the Content, and all materials provided by us to you in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the HIAHealth Platform, the Content, and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with us (or our third party suppliers, if applicable), and that the HIAHealth Platform and all materials provided by us hereunder are licensed and not “sold” to you.

All contents of the HIAHealth Platform are properties of Health In Action Limited. © 2020 Health In Action Limited.

  1. Privacy Policy
    Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use: https://hia.org.hk/en/privacy-policy/

  2. No Unlawful or Prohibited Use

You will not, without our prior written permission, use the HIAHealth Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the HIAHealth Platform or the Content or any part thereof on any website; (b) access, monitor or copy any part of the HIAHealth Platform or the Content using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Content or the HIAHealth Platform or bypass or circumvent other measures employed to prevent or limit access to the HIAHealth Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the HIAHealth Platform; (e) use the HIAHealth Platform or Content as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the HIAHealth Platform; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the HIAHealth Platform or the Content; (h) create derivative works based on the HIAHealth Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the HIAHealth Platform or the Content; (i) use or access the HIAHealth Platform or the Content in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload to or transmit through the HIAHealth Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.

  1. Viruses

The downloading and viewing of Content is done at your own risk. We cannot and do not guarantee or warrant that the HIAHealth Platform or the Content are compatible with your computer system or that the HIAHealth Platform or the Content, or any links from the HIAHealth Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the HIAHealth Platform.

  1. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the HIAHealth Platform. You understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the HIAHealth Platform.

  1. Health and Medical Disclaimer

YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT:

(a) YOU SHOULD ONLY RELY ON YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL FOR ADVICE ON ALL MEDICAL DECISIONS. THE HIAHEALTH PLATFORM AND THE HIAHEALTH SERVICES PROVIDED BY US THROUGH THE HIAHEALTH PLATFORM ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED AS A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, JUDGMENT, DIAGNOSIS OR TREATMENT; AND

(b) THE HIAHEALTH PLATFORM IS NOT INTENDED FOR USE IN EMERGENCY, CRITICAL CARE, OR OTHER HIGH RISK SITUATIONS.

  1. Disclaimer of Information Regarding Third Party Service Providers

WHILE THE HIAHEALTH PLATFORM MAY PROVIDE INFORMATION (INCLUDING LINKS TO WEBSITES AND OTHER CONTACT INFORMATION) RELATED TO THE PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES SUCH AS PHARMACIES, THERAPISTS, SUPPLIERS OF MEDICAL OR HEALTH PRODUCTS, AND OTHER THIRD PARTY SERVICE PROVIDERS, NEITHER WE NOR OUR CARE PROVIDER PARTNERS ENDORSE ANY INFORMATION, PRODUCT OR SERVICES PROVIDED BY SUCH THIRD PARTIES NOR DO WE GUARANTEE THE QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSES OF SUCH INFORMATION, PRODUCTS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES ARE NOT UNDER OUR NOR OUR CARE PROVIDER PARTNERS’ CONTROL AND THAT YOU USE SUCH INFORMATION, SERVICES AND PRODUCTS ENTIRELY AT YOUR OWN RISK.

  1. Disclaimer and Limitation of Liability

THE HIAHEALTH PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE HIAHEALTH PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE HIAHEALTH PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THESE TERMS OF USE, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE HIAHEALTH PLATFORM OR THE CONTENT.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE HIAHEALTH PLATFORM OR THE CONTENT EXCEED TEN U.S. DOLLARS ($10) OR THE EQUIVALENT IN LOCAL CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

  1. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

(a) your breach of any provision of these Terms of Use or any documents referenced herein;

(b) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or

(c) your use of the HIAHealth Platform or the Content (including, without limitation, your use of the HIAHealth Platform in connection with any medical or health activities).

  1. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”) applicable therein and such laws apply to your access to or use of the HIAHealth Platform or the Content, notwithstanding your domicile, residency or physical location. You will only use the HIAHealth Platform and the Content in jurisdictions where the HIAHealth Platform and the Content may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong in all disputes arising out of or relating to the use of the HIAHealth Platform or the Content.

  1. Entire Agreement, Waiver and Severability

These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the HIAHealth Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

  1. Apple App Store Additional License Terms

If the HIAHealth Mobile Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

(a) The parties acknowledge this Terms of Use is concluded between you and us, and not with Apple. The responsibility for the HIAHealth Mobile Application and content thereof is governed by this Terms of Use.

(b) Notwithstanding anything to the contrary hereunder, you may use the HIAHealth Mobile Application only on an iPhone or iPod touch that you own or control.

(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the HIAHealth Mobile Application.

(d) In the event of any failure of the HIAHealth Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the HIAHealth Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the HIAHealth Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by this Terms of Use.

(e) Any claim in connection with the HIAHealth Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by this Terms of Use, and Apple is not responsible for such claim.

(f) Any third party claim that the HIAHealth Mobile Application or your possession and use of the HIAHealth Mobile Application infringes that third party’s intellectual property rights will be governed by this Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(g) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the HIAHealth Mobile Application.

Name: Health In Action Limited
Address: Rm 901-902, Millennium Trade Centre, 56 Kwai Cheong Rd, Kwai Chung, Hong Kong

Telephone Number: (852) 34619827

Email Address: hia@hia.org.hk

(h) Apple are third party beneficiaries to this Terms of Use and may enforce this Terms of Use against you.

(i) If any of the terms and conditions in this Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement or the App Store Terms of Service as of the Effective Date, the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

  1. Google Play

If the HIAHealth Mobile Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of this Terms of Use:

(a) You acknowledge that Google is not responsible for providing support services for the HIAHealth Mobile Application.

(b) If any of the terms and conditions in this Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement as of the date this Terms of Use was accepted, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.