Last Updated: June 11, 2020
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.
- 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”).
- License Grant to the HIAHealth Mobile Application
- 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.
- 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.
- Term and Termination
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.
All contents of the HIAHealth Platform are properties of Health In Action Limited. © 2020 Health In Action Limited.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
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.
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:
(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).
- Governing Law and Jurisdiction
- Entire Agreement, Waiver and Severability
- Apple App Store Additional License Terms
(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.
(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: firstname.lastname@example.org
- Google Play
(a) You acknowledge that Google is not responsible for providing support services for the HIAHealth Mobile Application.