General Conditions of
eSmartHealth Cloud Management Service
The eSmartHealth Cloud Management Service (“Service”) is provided by eSmartHealth Limited(hereinafter referred to as “we”). Your use of the Service shall constitute your agreement to be bound by all applicable terms and conditions of the Contract. Capitalized terms in these General Conditions have the meanings given to them in clause 20.
1. Information on the Service
Any information as assessed through the Service is provided for informational purposes only and is not intended to take the place of advice of your physician, health care provider or fitness professional. Disclaimers of third party supply of information are stated on the website for your reference. You must consult your physician or qualified health care professional before undertaking any weight management, fitness, exercise, or diet program. We disclaim any liability in connection with any information and/or advice available through the Service or any products or services advertised. Reliance on any information provided is done at your sole discretion and own risk.
2. Devices
You acknowledge that we are not the manufacturer of the Devices. You expressly acknowledge and agree that:
(a) your use of the Device(s) is at your sole discretion and risk;
(b) to the extent permitted by law, we expressly disclaim and exclude any representation or warranty whether express or implied in relation to the Devices (including but not limited to warranties of merchantability, title, fitness for a particular purpose, accuracy and non-infringement) and you expressly waive any claims you may have against us in this regard;
(c) we shall not be responsible or liable for any refund, claim, loss or damage of any kind incurred as the result of the use of the Device(s);
(d) we do not endorse and are not in any partnership, joint venture or association with any manufacturers of the Devices, and will not be responsible for any goods, services and information purchased or obtained from them; and
(e) if the Device(s) need to be installed into or synchronized with your computer and/ or wifi router or any other device in order to use the Service (the “Installation”), we shall have access to your computer, wifi router or any such device for purposes of the Installation. We expressly disclaim any and all liability for any damage or loss (including but not limited to loss of data) suffered by you or the owner of the computer, wifi router or any other device or any other persons arising directly or indirectly from the Installation. We will not be liable for any loss or corruption of any software or data resulting from the Installation. It is your responsibility to back up any data on the computer before the Installation.
3. The Service we provide
3.1 Subject to your compliance with all the terms and conditions of using the Service and your payment of the applicable fees and charges, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service solely for (i) uploading the measurement data from the Device(s) to the Service (collectively, “Data”) or ( ii ) monitoring and analyzing the measurement data on the Service platforms (i.e. www.eSmartHealth.com and eSmartHealth mobile application) (ii) if authorized, assess the Data (all or any part thereof) of other users of the Service or ( iv ) getting relevant diet and exercise weight management recommendation for your informational purpose.
3.2 We provide you with the Service set out in the Application.
3.3 All conditions and warranties relating to our supply of the Service and other goods (if any) implied by law are excluded to such extent permissible by law.
3.4 We shall use reasonable care and skill in providing the Service. However, we cannot promise that the Service will be continuous or fault-free. We do not guarantee that the Data will not be subject to misappropriation, loss or damage and we will not be liable if they are. You are responsible for maintaining appropriate security, protection and backup of all materials, content and the Data.
3.5 We decide the method and technical means that we use to provide the Service.
3.6 When you ask for a Service, we decide whether to provide it to you based on:
a. your eligibility for the Service;
b you meeting our credit requirements;
c. whether you owe us any money for any services previously provided to you by us or any other PCCW group companies; and
d. whether the credit card information provided by you or any third party for payment of the Service is up to date and accurate.
e. If we decide not to provide the Service to you for any reason described in this clause [3.6], you agree that we can reject your Application for the Service without liability to you.
3.7 You will from time to time be permitted to download software from the Service or which is required for the Service to be used on computers, PDAs, mobile phones or any other device (“Software”) and we hereby grant to you a non-exclusive and non-transferable licence for you to store, run and use the Software on your computer, mobile phone, PDA or any other device in accordance with the terms and conditions of the Contract and any software licence which accompanies the Software and terms and conditions asset out for the use of the Software prior to installation.
3.8 We expressly disclaim any and all liability for any damage or loss (including but not limited to loss of data) suffered by you or the owner of the computer, mobile phone, PDA or any other device or any other persons arising directly or indirectly from the installation of the Software on the computer, mobile phone, PDA or any other device. We will not be liable for any loss or corruption of any software or data resulting from the installation of the Software. It is your responsibility to back up any data on the computer, mobile telephone, PDA or any other device before installation of the Software.
3.9 We shall not be responsible or liable for any acts, omission, default or negligence of you and/or any users (whether authorised or not) arising out of or relating to the use of the Service.
3.10 You agree to indemnify, defend and hold harmless us, our Affiliates, business partners, licensors, employees, agents and any third party information providers to the Service from and against any suit, action, claim, proceedings, liability, demand, loss, damage, fee, cost and/or expense (including reasonable legal fees) resulting from or arising out of :
a. any of your Data;
b. use or misuse of the Service by you or any other person who accesses the Service using your login ID(s) and password(s);
c. any violation of any Service terms and conditions;
d. any violation of any right of a third party; or
e. any breach of or non-compliance with any applicable law.
3.11 We may provide aggregated, segmental or otherwise, anonymous, statistical information on your usage of the Service (such as but not limited to subscription and usage data) with or without notice to you.
4. Third party information or Content services
4.1 Certain third party information or Content services provided by the Third Party Providers may also be available for access and use by you through the Service provided by us. You agree to comply with the applicable terms and conditionsspecified by such Third Party Providers if you choose to use their information or Content services.
4.2 In providing access to such third party information or Content services, you agree that we are not responsible or liable for:
a. the act, negligence or omission of such Third Party Providers;
b. your use of the information or Content services provided by such Third Party Providers; or
c. the transaction or any dispute between you and such Third Party Providers.
5. Use for intended purposes
The Service that we provide to you under the Contract is for personal use and must not be used for business purposes. You shall not resell or distribute our Service.
6. When we provide the Service
6.1 Your Contract with usstarts on the date we accept your application for the Service.
6.2 If the Service is intended to last for a Fixed Term, details will be set out in the relevant Application.
6.3 Unless you terminate the Service as per clause 10.2, your subscription to the Service will be automatically renewed on a month-to-month basis at the prevailing rate upon expiry of the Fixed Term.
7. Payment for the Service (for upload of Data only)
7.1 You agree to pay all Charges for the Service and any other goods we provide to you, whether you use the Service or someone else does.
7.2 If you access a service provided by someone else via the Service, and we are charged for such other service, you must pay us for such other service.
7.3 We may issue a monthly bill to you from time to time. We will normally bill you upfront (in advance) for any Charges requiring advance payment. We will bill you later for any usage Charges for your Service. If possible, Charges will appear on your next bill, but sometimes Charges may appear on a later bill.
7.4 Our records are sufficient proof that a Charge for the Service is payable by you unless they are shown to be incorrect. We may re-issue any bill if there is any error in the bill.
7.5 You may also view your bills online at www.eSmartHealth.com.
7.6 We will send your first bill shortly after we have provided the Service to you for the first time. After that, we will send bills at regular intervals. However, we may send you a bill at a different time.
7.7 We can bill you through a billing agent or any PCCW group companies.
7.8 You agree to pay the Charges for the Service without deduction before the Due Date unless otherwise agreed by us. If you think that the Charges on your bill are incorrect and wish to dispute those Charges, you must tell us within 15 days of the bill date. You must pay any Charges that are not disputed.
7.9 If you do not pay your bill, you shall pay us interest for the overdue amount at an interest rate equal to 2% above the prime lending rate of The Hongkong and Shanghai Banking Corporation Limited until full payment.
7.10 We may also charge you the administrative fee and the relevant bank charges for any direct debit or cheque payments which are returned to us because you do not have enough funds in your account.
7.11 We will generally not suspend or end the Service or the Contract for non-payment of your bill until 30 days after your payment was due. If however you have failed to pay on time a recent bill or have failed to pay a bill on many occasions, we may end the Service earlier than 30 days.
7.12 If you do not pay your bill, we may ask a debt-collection agency to collect the payment on our behalf. If we do so, you will have to pay us an extra amount for breaking the Contract. This will not be more than the reasonable costs we have to pay the agency, who will add the amount to your debt on our behalf (this will depend on the amount you owe us).
8. Your use of the Service
8.1 You must always follow the applicable law in the way that you use the Service. You agree that the use of the Service by any other users, whether authorised by you or not, shall be regarded to be the use of the Service by you.
8.2 You must not intercept, interfere or tamper with the signals of the Service and must use the Service or allow the Service to be used to:
a. send unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance or hoax messages or Content;
b. cause annoyance, inconvenience or needless anxiety to any person; or
c. hack, break into, access or use the website of someone else without authority.
8.3 You shall not use any equipment or device that may harm our Service or other customers’ equipment. If you do so, you must disconnect it immediately.
8.4 You agree that any Content, software or other copyright material we supply to you is for your own private use in accordance with the Contract, and that you must not:
a. copy, tamper with or change such software;
b. copy, publish or exhibit the Content or material; or
c. supply such Content, software or other material to any other person or use it for any business purpose.
8.5 You are responsible for making sure any equipment or device you use to access the Service is protected against viruses and hacking.
8.6 By using the Service with the Data, you are directing us to store the Data on your behalf. You are solely responsible for the Data and your use of the Service. You must ensure that you have all necessary rights in the Data that permit you to use the Service without infringing the intellectual property rights of any third parties, violating any applicable laws or violating the terms of any license or agreement to which you are bound. Failure to comply with these requirements may result in the immediate termination of your Service.
8.7 For the use of the Service, you acknowledge and accept that : -
(a) We are entitled to rely on your ID Details as evidence of your identity and authority for the purposes of the Service.
(b) We may alter, upgrade and temporary suspend the Service from time to time, including look and feel, functionality, underlying technology, security processes and technology, browser and operating system compatibility.
(c) The ability for you to access and use the Service will be dependent on your hardware, software and network infrastructure as well asshared infrastructure of the Internet and our security processes.
(d) The Service does not include provision of any internet service and you must arrange for a service provider to provide you with such service. The Internet issometimes unreliable and is a difficult medium to secure. We do not guarantee the security of the Service or the systems (including the Internet, your hardware and software) used to access the Service, or any information that passes through such systems.
(e) You are responsible for maintaining the compatibility and operation of your hardware, software and network infrastructure and your connection to the Internet.
(f) You will only be able to upload Data to the Service with compatible PC configurations and hardware. Please refer to www.eSmartHealth.com/start for details.
(g) You are responsible for checking whether your upload of the Data to the Service issuccessful.
8.8 We may (although we are not obliged to do so) delete, remove, move, obliterate, disable, restrict or block any access to any Subscriber’s Material (in whole or in part) which issubject to any claim of unlawful activities or violation of any party’s rights without giving any prior notice to you.
9. User ID
You are responsible for properly using any user IDs and Passwords needed for the Service, if any, and must take all necessary steps to make sure that you keep these confidential and secure, use them properly and do not make these available to unauthorised people. You agree to tell us immediately if you discover any unauthorised use of the user IDs and Passwords.
10. Ending the Service
10.1 We can stop providing the Service or end the Contract by giving you 30 days' advance written notice.
10.2 Once we have provided the Service, you may tell us to stop providing it or end the Contract at any time by giving us 30 days' advance written email notice to cs@eSmartHealth.com.
10.3 If within any relevant Fixed Term for the Service, you choose to end the Service or the Contract by giving us 30 days’ advance written notice or making your online termination where we have not breached any terms of the Contract, you will have to pay us the Early Termination Charge for the termination of the Service or the Contract.
10.4 If we break the Contract for the Service and fail to put matters right within 30 days after you inform us of such a breach in writing, you can only end the Service that we are in breach by giving us written notice. If you do so, you will not have to pay us the Early Termination Charges for the terminated Service.
10.5 If you or we end the Contract, we will pay back to you any money we owe you relating to that Contract. We will first take off any money that (a) you owe us under that Contract or any other contract between us; and (b) you owe any other PCCW group company under any other contract between you and any other PCCW group company. Where we provide you with a range of services and you owe us money for some services, we reserve the right to charge you for such services that you owe no money via the bills we send you for your other services, unless there is a genuine dispute between us regarding such services.
11. Our rights when we provide the Service
11.1 Occasionally, we may need to:
a. interrupt or suspend the Service (for example, for maintenance, repair, testing or upgrade of our Service ). If we do so, we will restore it as quickly as we can and we have no responsibility to pay you any compensation for any loss resulting from such interruption or suspension; or
b. make minor changes to certain technical specifications, including limits for transferring information which are associated with the Service
11.2 You agree that :
a. we are not responsible or liable for any Content, message or material uploaded or provided by you or any other users through the Service;
b. we may change, delete or block the access to any Content, message or material uploaded or provided by you or any other users through the Service which we think is in breach of the Contract or any applicable law. If we do so, you agree that we have no responsibility to pay you or such users any compensation arising from such change, deletion or blocking;
c. we are not responsible or liable for any installation, reconfiguration or setting up of your computer for connection to the Service, and, it is your responsibility to carry out such installation, reconfiguration or setting up work; and
d. we may prioritise certain types of traffic for network management purposes.
11.3 We will share your Data uploaded to the Service with any third parties that you have authorized or when you have accepted other’s invitation for viewing your Data through the Service. You acknowledge and agree that such third parties can view, use or forward your Data to any other parties.
11.4 You give us the right to access, retain, use, share and disclose your login ID (email address), mobile number, device serial number and data upload log: (i) to provide you with technical support and address technical issues; (ii) to investigate compliance with the Service terms of conditions, enforce the terms and conditions and protect the Service and its users from fraud or security threats; or (iii) as we determine is necessary to provide the Service or comply with applicable laws; (iv) to person(s) you have authorized and access right to your account granted; and (v) to analyze the data provided by you in your account including health data for statistical study or research purpose on an anonymous basis.
12. Disclaimer of warranties and limitation of liabilities
12.1 Except for those materials, data, information, content, services, products or merchandise expressly identified as being offered or provided by us as principal, we do not exercise control over any materials, data, information, content, services, products or merchandise accessible via the Service and we shall not accept any responsibility or liability whatsoever for such materials, data, information, content, services, products or merchandise.
12.2 You expressly acknowledge and accept that (a) your use of the Service is at your sole risk; (b) the Service is provided on an "as is" and/or "as available" basis (as the case may be); and (c) we do not make any warranty, undertaking, representation or assurance relating to the use of the Service.
12.3 We do not warrant or represent that the Service will be uninterrupted, error-free, or free of computer viruses, worms, software bombs, hidden files, illicit codes, Trojan horse or any other harmful or malicious computer instructions.
12.4 We make no express warranties and to the extent permitted by law, you waive all implied warranties (including, without limitation, the warranties of title, non-infringement, merchantability, and fitness for a particular purpose) regarding any materials, data, information, contents, services, products or merchandise provided through the Service.
12.5 We accept responsibility for loss or damage to your physical property arising from our negligence. We will only pay you up to the Contract Value for this loss or damage.
12.6 We have no responsibility to pay you compensation for consequential or financial loss (including loss of business, goodwill or profit), for any information or data which is lost or corrupted, or for any loss that could not have been reasonably expected. We will not be liable to you for any losses and damages that you may suffer if you have used the Service or Equipment we provide for business purposes.
12.7 Except as described in clauses 12.1 and 12.2 and to such extent permissible by law, we will not pay you more than the Contract Value in compensation (even if we have been negligent) for all our liabilities under the Contract for the Service and any other goods we supplied or provided.
13. Matters beyond our reasonable control
Sometimes, we may not be able to do what we have agreed because of an event beyond our reasonable control (for example because of fire or flood or severe weather). In these cases, we do not accept responsibility for the delay or otherwise not providing you with your chosen Service in accordance with the Contract. You or we can end the Contract immediately if such event lasts for a continuous period of 30 days.
14. If you break the Contract
For serious misuse described in clauses 8.1 to 8.4, we may suspend or end the Service or the Contract immediately. Otherwise, if you break the Contract, we will normally give you an opportunity to put matters right within 15 days after we inform you of such breach before we suspend or end the Service or the Contract. However, if you do not do so, we may suspend or end the Service or the Contract.
15. Our other rights to cancel your Service
15.1 We can cancel, suspend, restrict the Service or end the Contract for the Service by giving you as much notice as we can if:
a. the law requires us to do so;
b. there is an emergency that affects our ability to provide the Service; or
c. you become bankrupt or appear likely to be.
15.2 Your use of the Service will automatically terminate without notice from us if you fail to comply with any terms and conditions. We may suspend or terminate your use of the Service at our discretion without notice at any time. You have no right to use the Service during a suspension or following a termination.
15.3 If the Service is terminated for whatever reasons, all licences, rights and privileges granted to you shall immediately cease. Should you at any time cease to be a subscriber to the Service and/or upon expiration or termination of the Contract, you will not be permitted to upload, transmit or re-transmit any more Data to the Service and we will also remove all your Data from the Service without giving you any notice.
16. Privacy
16.1 We collect, process, disclose, retain or use your Personal Data in accordance with the eSmartHealth Limited Privacy Policy Statement.
16.2 If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the Service to you.
16.3 You will, assoon as possible, tell us of any change of address or any other particulars provided to us which may affect our provision of Service to you.
17. Information Provisioning
You will provide us with the information relating to you or your use of the Service we reasonably require:
a. to help us in complying with the applicable law and to report to any Government Agency regarding such compliance; and
b. to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under the Contract.
If you do not do so within 2 working days of our request, you agree that we can enter your Premises to obtain the information we require during business hours after giving you reasonable notice.
18. Changing the terms
Sometimes, we will need to unilaterally change the Charges or the Service terms and conditions covered by the Contract. We will publish details of all changes online at www.esmarthealth.com.
19. Third Party Rights
Save for PCCW group companies, no other person who is not a party to these General Conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any of these General Conditions and/or benefit of these General Conditions.
20. Other things we need to tell you
20.1 You accept that the Contract is personal to you and agree not to transfer it to anyone else, or to try to do so without our prior written consent. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
20.2 We can transfer our rights and obligations under the Contract to any person without your consent. We can also use an agent or subcontractor to perform our responsibility.
20.3 When we need to contact you, we will use your e-mail address, mobile or fixed phone number that you provide us for contacting you. If you need to contact us, please use the address on your last bill or any other postal address, e-mail address or phone number we have given to you for that purpose.
20.4 The notice or communication sent by usshall be treated as received by you (a) 3 days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission wassuccessful; or (d) immediately upon sending the email, if sent by email.
20.5 The Contract is governed by the laws of Hong Kong.
20.6 If the terms and conditions of the Application, the Special Conditions and these General Conditions conflict with each other, the inconsistency will be resolved in the descending order of preference set out in this clause.
21. Special meanings
In the Contract:
Affiliates means any other entity which directly or indirectly controls us, is controlled by us, or is under common control with us.
Application means a written or online application made by you to us requesting the provision of the Service to you.
Charges means the periodical charges and fees payable by you to us in respect of the provision of the Service or any other goods by us and asspecified by us during your online subscription payable by you to us in respect of the Service.
Commencement Date means the date we inform you that the Service is made available to you.
Content means any data, information, images, graphics, video or audio content, applications, downloadable files or other multimedia content that can be accessed using the Service.
Contract means the contract between you and us in respect of the Service provided by us to you which is made up of these General Conditions, the Special Conditions and the Application, as amended by us from time to time.
Contract Value means in relation to (a) the Service with a Fixed Term assubscribed by you, the total Charges for the Fixed Term payable by you to us under the Contract; or (b) the Service without a Fixed Term assubscribed by you, the total Charges paid by you to us for the period from the Commencement Date to the date immediately preceding any incident giving rise to your claim.
Devices means the designated devices manufactured by their manufacturer(s) from which Data are uploaded to the Service.
Early Termination Charge means the early termination charge payable by you to us.
Fixed Term means the fixed term for the Service asspecified in your Application.
Government Agency means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world and includes the Telecommunications Authority of Hong Kong.
Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
Personal Data has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong).
Password means a personal identification number issued by us to you for your access to the Service.
Service means the eSmartHealth Cloud Management Service and any other goods, where applicable, provided by us to you.
Third Party Provider means any third party provider which provides information or Content service which is available for your access and use through the Service we provide.
We means eSmartHealth Limited.
You means the customer who subscribes to the Service.
22. The English version of these Terms of Use shall prevail over any Chinese version which is provided for information purposes only.
Special Conditions of
eSmartHealth Cloud Management Service and Weight Management Service
1. eSmartHealth Limited and the Hong Kong Nutrition Association (“we”) provide the eSmartHealth Cloud Management Service (the “Service”) and weight management service (the Service, which is provided by eSmartHealth Limited, together with the weight management service, hereinafter referred to as the “Specified Service”) to customers/account holders (collectively, “Users”) in accordance with the General Conditions governing the use of the Service available at www.eSmartHealth.com and the terms and conditions as set out below. Any capitalized terms used here but have not been defined shall have the same meaning as ascribed to them in the General Conditions.
2. Specified Service Registration and Charges :
(a) A valid email address and Hong Kong mobile number must be supplied by User in order to register for an account.
(b) The Charges for the Specified Service is HK$28 per month per account which Personal Data and Data are uploaded to the Specified Service via the Devices.
(c) Account holder who holds an account for monitoring other customers’ health data will not be charged.
3. The device required for the Specified Service including, among others, the Tanita body composition monitor, is available while stock lasts. We therefore cannot guarantee that we can offer the Device and/ or the Specified Service to you.
4. Terms and conditions for the initial 12-months free Specified Service:
(a) Upon purchase of the Devices and USB hub (if applicable), customers can, by following the instructions provided in the user guide, register the Device(s) online and create an account for use of the Specified Service (the “Account”). An initial 12-month free Specified Service will be offered upon registration in accordance with these terms and conditions.
(b) To be eligible for the initial 12-month free Specified Service, online registration must be completed on or before 31 December, 2016.
(c) The initial 12-month free Specified Service will commence on the date the Account has been successfully registered.
(d) Customers will be notified one month prior to the expiry of the initial 12-month free Specified Service. After the expiration of the initial 12-month free Specified Service, the Account will still be active and valid, except that the data uploading function of the Account will be terminated. Customers who wish to continue to use the Specified Service shall purchase the Specified Service by calling eSmartHealth hotline at 2888 0660.
5. The Personal Data (including other information) provided by Users during Account registration and the use of the Service or the Specified Service is collected, used and retained by eSmartHealth Limited in accordance with the requirements in the Personal Data (Privacy) Ordinance and the Privacy Policy Statement which also governs, together with all the applicable terms and conditions, how the Personal Data is used and to whom it is disclosed. For the purpose of processing of application (including account registration) and provision of the Service or the Specified Service and managing the service account, the Personal Data could be used by and/or disclosed to affiliates or related companies of the PCCW Group, business partners and debt collection agents.
Subject to customer’s right indicated by checking the designated box provided under the form for Account registration or leaving it unchecked, the information in such form, including customer’s contact information, and their service number and service account number (if any), may be used in sending to customer notice of gifts, discounts, privileged offers, benefits and any other promotions related either to thisservice being subscribed or to other kinds of goods and services including telecommunications network services, computer peripherals, accessories and software, and the latest offers on various kinds of products or services including travelling, banking, entertainment, transportation, household, apparel, food & beverages, insurance, education, health and wellness, social networking, media and high-end consumer products. Request for accessing or correction of personal data or any enquiry about using data for marketing activities can be made in writing to the Privacy Compliance Officer at PO Box 9896, GPO, Hong Kong or privacy@eSmarHealth.com).
6. Your Data uploaded to the Specified Service will be analysed in accordance with the prescribed formula generally accepted in the dietetics industry; and diet plan(s), as prescribed by the Hong Kong Nutrition Association, will be generated by referenced to the analysed Data. The diet plan(s) to be generated therefore depends on numerous factors including, among others, the type and precision of the Data uploaded, the availability of data requisite for the prescribed formula, the sophistication of the formula and the variety of diet plans
7. Person of any age may use the Device and/ or the Service as a standalone service separate from the Specified Service (i.e. without the weight management service).
8. Disclaimer:
(a) The Specified Service is not recommended for people with any health condition that requires a special diet. You must consult your physician or qualified health care professional before undertaking any weight management, fitness, exercise or diet program.
(b) All diet plans, recommendation and other information provided under the Specified Service (collectively referred to as the “Information”) are intended for information and educational purposes only. The Information is not intended to manage your weight, assist you to lose or gain weight, or at all. Whether weight can be effectively managed vary from person to person. No individual result should be seen as typical.
(c) The Specified Service does not guarantee the accuracy, timeliness or completeness of the Information provided and we make no warranty, express or implied, regarding the use thereof. Therefore, we shall not be held responsible for any errors, omissions or inaccuracies in the Information provided. We also disclaim all liability or loss in conjunction with the Information provided under the Specified Service, including but not limited to direct, indirect, incidental or consequential damages, arising out of the use or the inability to use the Information provided under the Specified Service. Reliance on the Information is done at your sole discretion and own risk.
9. By checking the terms and conditions acceptance box provided under the form for Account registration, Users agree to be bound by all applicable terms and conditions and pay the charges for the Service and the Specified Service (if applicable).
10. The English version of these Special Conditionsshall prevail over any Chinese version which is provided for information purposes only.
