General Terms of Service
Updated: Dec 17, 2021
Effective Date: December 17, 2021
Posted Date: December 17, 2021
Tree3 Health Terms and Conditions
Hong Kong
PLEASE READ THE TERMS AS HEREAFTER SET FORTH (THIS “AGREEMENT“) CAREFULLY BEFORE USING THE WEBSITE http://tree3.health AND ANY OTHER RELATED WEBSITES (“WEBSITES”), AND THE Tree3 Health MOBILE APPLICATION TOGETHER WITH ITS VARIOUS FUNCTIONALITIES (“APPLICATION“) (COLLECTIVELY, THE “PLATFORMS”). THE PLATFORM IS A SOFTWARE SOLUTION that collects user’s’ health-related data for building the healthcare profile and OFFERING userS ACCESS TO A NETWORK OF HEALTHCARE AND WELLNESS PROVIDERS AND HEALTHCARE AND WELLNESS SERVICES (“SERVICES“).
By registering and continuing to be registered with Tree3 Health and/or using any services thereunder, you agree to be bound by all the prevailing terms and conditions of Tree3 Health, including the prevailing version of these Terms and Conditions, the “Tree3 Health Privacy Statement” and the applicable “Personal Information Collection Statement(s)”. You may access the latest version of these Terms and Conditions at Tree3 Health website: https://www.tree3.health/.
1. Tree3 Health
1.1
Tree3 Health is a platform operated by Tree3 Health Limited (“we” or the “Company”). Tree3 Health is a platform which facilitates the provision of medical and healthcare services to eligible users physically located in Hong Kong by Hong Kong registered medical practitioners / other healthcare service providers. Tree3 Health is merely a provider of the Platforms, and other supporting services, and does not provide or engage in Healthcare Services. Tree3 Health is not licensed or registered to provide medical or healthcare advice and services. The relationship between Tree3 Health and you does not constitute a doctor–patient / healthcare professional–patient relationship, and a doctor-patient / healthcare professional–patient relationship will exist only and exclusively between a medical practitioner / healthcare service provider available on Tree3 Health and a patient (to the extent such relationship is established by the medical practitioner / healthcare service provider). Tree3 Health does not assume the role of any professional medical / healthcare body, does not practice medicine or healthcare services and does not provide any medical or healthcare opinions, advice, or consultations or prescribe medication or other medical, healthcare or clinical services, and any of the foregoing in rendering the services via Tree3 health by medical practitioners / healthcare service provider are undertaken solely and exclusively by the medical practitioners / healthcare service provider and our medical partners' contractors (e.g. nurses and pharmacists). Tree3 Health also do not assume or share the medical practitioners’ or healthcare professionals’ responsibility or liability with regard to the quality or appropriateness of the medical or healthcare services provided by them, including the manner of providing the medical or healthcare services (such as by way of housecall consultation), which are provided solely based on the independent exercise of the professional judgment of the medical practitioners / healthcare service providers.
1.2
You use Tree3 Health and the services available thereunder solely at your own risk. Tree3 Health is not in any way designed or intended to replace regular in-person services between a medical practitioner / healthcare service provider and a patient. Any information, advice, opinion, diagnosis, treatment, service, Medical Certificate (as defined in Clause 4.6) and/or medication provided by a medical practitioner / healthcare service providers are provided by and on behalf of the particular medical practitioner/ healthcare service provider, based solely on the medical practitioner's / healthcare professional’s exercise of his professional judgment.
1.3
Tree3 Health is provided in order to facilitate the connection and healthcare information communication of patients with medical practitioners / healthcare service providers. Tree3 Health and Tree3 Health (i) do not recommend or endorse any particular medical practitioners / healthcare service providers; and (ii) to the maximum extent permitted by applicable law, are not responsible or liable, and do not endorse or support or recommend any information, advice, opinion, diagnosis, treatment, service, Medical Certificate and/or medication prescribed or given by those medical practitioners / healthcare service providers via Tree3 Health, for any reason whatsoever.
1.4
To the maximum extent permitted by applicable law, Tree3 Health shall not in any way be responsible or liable should there be any use or misuse of any of your prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer your prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
1.5
Tree3 Health is not suitable for symptoms requiring immediate medical assistance. Tree3 Health does not (i) provide emergency medical service; or (ii) provide care for any acute medical conditions, and should not be used as such. Tree3 Health may not be appropriate for all medical conditions or symptoms. If (a) you require emergency medical assistance; (b) you are or have been experiencing symptoms that would require immediate medical attention, which may include, without limitation:
• Choking
• Speech difficulty
• Suicidal or homicidal thought
• Chest pain
• Severe bleeding
• Confusion or hallucination
• Seizures
• Loss of consciousness
• Other serious medical or similar symptoms
• Breathing difficulty
• Broken bone
• Severe pain
• Weakness in arm or leg
Please consider calling for an ambulance or going to the Accident & Emergency Department at your nearest hospital.
1.6
If your conditions or symptoms persist or worsen, please seek additional medical advice.
1.7
Tree3 Health can only be accessed by downloading the Tree3 Health app on smart mobile devices which allow healthcare service requests to be made.
2. Eligibility
2.1
Anyone who is a Hong Kong citizen and being 18 or above, physically in Hong Kong with a valid Hong Kong ID and a Hong Kong phone number.
2.2
If you are pregnant, you may register and remain registered as a user under Tree3 Health (“User”), but you may not make a booking request for a consultation on Tree3 Health. However, this restriction is not applicable if you are making a booking request for a consultation for a COVID-19 Testing (as defined in Clause 4.1).
2.2
At the time of the housecall consultation with a medical practitioner / healthcare service provider, you must physically be in Hong Kong.
2.3
At the time of making a booking request for a service on the platform with a medical practitioner, you must be at least 14 years of age. If you are under 14 years of age, you are not eligible for consultation with a medical practitioner on Tree3 Health. However, this restriction is not applicable if you are making a booking request for a consultation for a COVID-19 Testing. Notwithstanding the aforesaid age restriction, there may be different age restrictions with medical practitioners / healthcare service providers from a particular medical / business partner or with a particular type of healthcare service providers.
2.4
If you are 14 or above but under 18 years of age at the time of housecall consultation, you are required to be physically accompanied by an adult during the service.
2.5
At the time of making a booking request for a service, you must have and provide details of a valid identification document (such as a Hong Kong Identity Card, Birth Certificate or Passport) for verification purpose.
3. Registration
3.1
To access the services, you must register as a User on the Tree3 Health App.
3.2
The Tree3 Health App will be available for download from App Store and Google Play Store. We will not take any identification documents during the registration. Updates of the Tree3 Health App may be available to be downloaded from time to time. To enhance your experience on Tree3 Health, please ensure that you have the most up-to-date version of the Tree3 Health App installed on your mobile device.
3.3
While installing the Tree3 Health App, you will be asked to give your consent for Tree3 Health’s access to certain features on your mobile device, to enable Tree3 Health to provide the comprehensive features of the services to you. If you do not give your consent, you will not be able to install or use the Tree3 Health App or some features of the services.
3.4
To register with Tree3 Health, you will have to provide certain information, including a valid Hong Kong mobile number (which mobile number must be able to receive and send out SMS, and please note that you may be charged for the use of SMS by your mobile service provider), and you will need to create a password.
3.5
Each person is entitled to be registered under one Tree3 Health account only. Each valid Hong Kong mobile number may only be used to register for one Tree3 Health account.
3.6
Subject to you agreeing to the relevant terms and conditions (which will be made available to you at the time of your registration). If you are a minor under 18 years of age, any registration of Tree3 Health must be with the permission of your parent / legal guardian, who will also be your emergency contact and be the one to be agreeing to the Tree3 Health Ltd on your behalf.
4. Service Scope
4.1
Tree3 Health is a platform which facilitates the provision of medical and healthcare services to eligible users physically located in Hong Kong by Hong Kong registered medical practitioners / other healthcare service providers. Tree3 Health is also a platform which facilitates the provision of testing of the Coronavirus Disease 2019 (by way of early morning deep throat saliva) (“COVID-19 Testing”) by our healthcare partner(s).
4.2
Services in connection with:
(a) The medical and healthcare consultation, including booking arrangement, any advice and diagnosis; and any prescribed medications and/or Medical Certificates so prescribed / issued by a medical practitioner / healthcare service provider, if the medical practitioner / healthcare service provider renders it necessary and appropriate based on his professional judgement after a consultation (collectively, “Medical Consultation Service”);
(b) The COVID-19 Testing, including booking arrangement for a COVID-19 test consultation with an available medical practitioner, and upon a medical practitioner’s determination that the User is asymptomatic and suitable to carry out a COVID-19 Testing, delivery of a test kit to the User’s designated address, collection of the saliva specimen at the User’s same designated address, dropping-off of the saliva specimen at the healthcare provider for testing, conducting a COVID-19 Testing and the issuance of a test report (collectively, “COVID-19 Testing Service”) and
(c) The picking up and delivery of (for Medical Consultation Service) any prescribed medications and/or Medical Certificates (for and on behalf of you, the User) or (for COVID-19 Testing Service) the test kit, and the actual delivery / specimen collection service (collectively, “Delivery Service”)
(the aforesaid services collectively as “Third Party Services”) are provided by third party providers (collectively, “Third Party Providers”), which may include healthcare providers (including the participating medical partners), delivery companies, insurance companies and/or other organisations.
4.3
Tree3 Health collects users’ health-related data and provides data visualizations and analyses based on various inputs. Tree3 Health aims to be a full-cycle health service experience by connecting users to various healthcare service providers. For instance, it introduces a health profile that facilitates the communication for healthcare service. Tree3 Health prioritizes user health data privacy with fully anonymized and encrypted data so the users can have a safe and secured experience accessing the platform. You may request for a Hong Kong-registered medical practitioner/ healthcare service provider via Tree3 Health to provide healthcare support available including but not limited to housecall consultation service, whatsapp customer service, in-person consultation booking.
4.4
We can’t provide our services without certain information and other things from you. We can only provide the services in accordance with these terms if you provide us with the information we need in order to help you. You must be careful that:
(a) any information you give to us, or enter into the Platform is accurate and in English or Chinese;
(b) if you have any concerns about the information we provide you or any information on the platform, you should seek further medical advice;
(d) you tell us if any of our information about you is or becomes inaccurate or incomplete; and
(e) you use our services only for yourself.
4.5
The medical practitioner / healthcare service provider may request a User to show the medical practitioner / healthcare service provider during the consultation the identification document (e.g. his Hong Kong Identity Card) used to book for the service on Tree3 Health in order for the medical practitioner / healthcare service provider to verify the identity of the User. If the User fails to do so, the medical practitioner / healthcare service provider may in his discretion reject the User for the video consultation.
4.6
If a medical practitioner renders it necessary and appropriate based on his professional judgement after a consultation, he may issue medical certificates (e.g. sick leave certificate) and/or referral letters (collectively, "Medical Certificate") and/or prescribe medication to you. Any such medication and Medical Certificate, together with a Tree3 Health receipt, will be delivered to your designated address.
4.7
Any decisions you make affecting your health should always be made in consultation with a doctor, and decisions should not be made on the basis of our platform.
4.8
Our Service for Medical Consultation Service will cover addresses in certain regions in Hong Kong, upon our latest arrangement and availability. Further details will be available on our platform.
4.9
First-time Delivery Service for each Medical Consultation Service (for delivery of any prescribed medication and Medical Certificate) / COVID-19 Testing Service (for delivery of a test kit and collection of the saliva specimen) is generally free (with limitation on where the Delivery Service is available – see Clauses 4.8). However, if a delivery agent arrives at your designated address at the agreed delivery / collection time but somehow is unable to make the delivery / collection for any reason whatsoever (other than due to the fault of the delivery agent) (e.g. (i) if no one is at the delivery address when the delivery agent arrives at the scheduled delivery / collection time; (ii) when no adult is at the delivery address to receive the delivery, if the User is a minor; or (iii) if the user has lost the specimen bottle and re-deliver of the new specimen bottle has to be arranged) and another delivery / collection time has to be arranged, Tree3 Health’s customer service (“Customer Service”, whose staff will act as the prime contact point with Users via whatsapp / phone call, on matters that do not involve the practice of medicine) will contact you and you will be liable to pay a surcharge for the delivery / collection as may be required to Tree3 Health or directly to our delivery partner (a Third Party Provider).
4.10
Notwithstanding any provisions of the Tree3 health T&C, we will not arrange for delivery of any medication which is regarded as dangerous drug under the Dangerous Drugs Ordinance (Chapter 134 of the Laws of Hong Kong).
4.11
Operating hours of Tree3 Health and the services may be suspended under bad weather conditions, including but not limited to typhoon signal No. 8 or above, black rainstorm warning, serious flooding or road blockage or closure due to bad weather.
5. Booking for a consultation
5.1
When you make a booking request for a consultation with a medical practitioner / healthcare service provider, you are required to upload a clear image of your valid Hong Kong Identity Card, passport or birth certificate onto the Tree3 Health platform. If you do not do so, your booking request may be declined.
5.2
When you make a booking request for a consultation with a medical practitioner / healthcare service provider, you may not be able to select for a general or specialist medical practitioner / healthcare service provider (their consultation fee may be different). You may also not be given a selection of more than one medical practitioner / healthcare service provider (who may be from the same or different hospital(s), clinic(s) and/or healthcare provider) to choose from. When you make your selection of which medical practitioner / healthcare service provider to book on Tree3 Health, you understand and accept each of the followings:
(a) The consultation fees for each medical practitioner / healthcare service provider may be different;
(b) The consultation fees for a medical practitioner may not include medication, if the medical practitioner renders it necessary and appropriate based solely on his professional judgment, and you will be liable to pay medication fees for any extra or designated medication;
(c) We do not in any way recommend or endorse any hospitals, clinics, healthcare providers, medical practitioners or other healthcare professionals, and any medical practitioner(s) / healthcare service provider(s) made available for your booking selection should not in any way be construed as recommendation or endorsement by Tree3 Health of such medical practitioner(s) / healthcare service provider(s);
(d) Any information concerning any hospitals, clinics, healthcare providers, medical practitioners and/or healthcare service providers on the Tree3 Health website and the Tree3 Health platform are directly provided by the relevant hospital, clinics, healthcare provider, medical practitioner and/or healthcare service provider, and we are not in any way responsible for the provision, accuracy or completeness of such information; and
(e) You are solely responsible for selecting which medical practitioner / healthcare service provider you wish to book, including suitability in relation to any symptoms you may be experiencing.
5.3
To make a booking request for a consultation service with a medical practitioner / healthcare service provider on Tree3 Health, you are required to pay a booking fee, which booking fee will be fully deducted from the final amount payable for your use of Tree3 Health service upon completion of a consultation.
5.4
If you do not show up at or are late to the scheduled start time of a consultation or if you do not pay all the Charges payable within one (1) hour of completion of your consultation on Tree3 Health, the booking fee will be forfeited, and no medication or Medical Certificate will be prescribed, issued or delivered to you. If you request for another booking on Tree3 Health, you will be required to pay a fresh booking fee.
5.5
If you want to reschedule a confirmed booking, you will have to cancel your scheduled appointment and request for a new booking on Tree3 Health. You may not be able to book for the same medical practitioner / healthcare service provider with the new booking request. If you cancel your confirmed scheduled booking less than two (2) hours before the scheduled appointment time, your booking fee will be forfeited; and if you make a new booking on Tree3 Health, you will have to pay a fresh booking fee.
5.6
If, upon commencement of a consultation with you, the medical practitioner / healthcare service provider is of the opinion (based solely on his professional judgment) that you are in fact not suitable for booking / use the consultation service via the Tree3 Health platform for whatever reason, the booking fee you have paid will not be refunded to you. However, if you go to see a medical practitioner / healthcare service provider in-person at the medical practitioner’s / healthcare service provider’s physical hospital / clinic within 12 hours from the end of the cut-short consultation on Tree3 Health (or such other time period as Tree3 Health may advise you), the medical practitioner’s / healthcare service provider’s physical hospital / clinic shall deduct an amount equal to such booking fee from the consultation and/or other fees payable by you in respect of such consultation at the physical hospital / clinic.
5.7
If, upon commencement of a consultation with you, the medical practitioner / healthcare service provider is of the opinion (based solely on his professional judgment) that you are in fact not suitable for a consultation via the Tree3 Health platform for whatever reason, the medical practitioner / healthcare service provider shall be entitled to charge you as if it were a completed consultation.
5.8
Tree3 Health cannot guarantee the medical practitioner / healthcare service provider you have requested will be available for a consultation at your desired time.
6. Medical / Healthcare Consultation and Delivery
6.1
Any consultation is between you and the relevant medical practitioner / healthcare service provider, subject to the medical practitioner / healthcare service provider satisfying himself that you are suitable for a consultation interaction, without any involvement of or visibility to Tree3 Health. However, if you are 14 or above but under 18 years of age at the time of the consultation, you are required to be physically accompanied by an adult during the consultation.
6.2
A medical practitioner / healthcare service provider is not allowed to take any screen capture, photograph, sound-recording or video of any part of a consultation or any part of the interface of the Tree3 health platform during/before/after a consultation, and you (and anyone, including those who may be accompanying you during your consultation) are also not allowed to do any of the aforesaid, unless (i) upon your reasonable request and the medical practitioner / healthcare service provider considers it necessary and appropriate based solely on his professional judgment; or (ii) the medical practitioner / healthcare service provider considers it necessary and appropriate based solely on his professional judgment and the medical practitioner / healthcare service provider has obtained your prior consent. Any screen capture, photograph, sound-recording and/or video taken as aforesaid shall form part of your medical records and maintained by the medical practitioner / healthcare service provider and/or his hospital or clinic.
6.3
If the medical practitioner renders it necessary and appropriate based on his professional judgement after a consultation with you, he may prescribe medication and/or issue Medical Certificates to you. We do not in any way guarantee that a medical practitioner will prescribe any medications and/or issue any Medical Certificates to you after a consultation. Any medication prescribed is not returnable, exchangeable or refundable. If the medical practitioner does not prescribe any medication, nor issue any Medical Certificate to you after a consultation, there will not be any refund of the consultation fee payable for the consultation, despite the lack of any prescribed medication and/or delivery of any medication or Medical Certificate.
6.4
If, after a consultation, the medical practitioner has prescribed medication and/or issued any Medical Certificates to you, the Customer Service will, upon your full payment of all Charges payable, contact you to arrange for delivery of the medication and/or Medical Certificate(s), together with the Tree3 Health receipt, all in a Tree3 Health delivery bag (“Delivery Bag”) to your designated address.
6.5
To enable pickup and delivery of any prescribed medication after a consultation, you are required to authorise the designated delivery agent (the name and staff number of whom will be advised to you by the Customer Service) of Tree3 Health’s delivery partner to pick up your medication from the relevant hospital or clinic or pharmacy or any other affiliate partners of the medical practitioner you have consulted and deliver the same to you, for and on your behalf. The Customer Service will contact you for such authorisations and delivery arrangements after the consultation. In order for the Delivery Bag to be delivered to your designated address, you are required to give such authorisations to the Customer Service via Whatsapp / phone call after the consultation, as well as to sign a designated physical authorisation form on the Delivery Bag (which signature will also signify your due receipt of the Delivery Bag), and allow the designated delivery agent to take a photograph of your signed authorisation form and send the photograph to Tree3 Health, at the time of the delivery of the Delivery Bag.
6.6
To enable delivery of the Delivery Bag, the Customer Service will also send you a unique case number, which case number must be shown or told to the designated delivery agent when collecting the Delivery Bag at your designated address.
6.7
You should collect the Delivery Bag in person at the designated address. However, if you are not available to collect in person for any reason, please ensure that the person accepting the Delivery Bag is over 18 years of age and duly authorised by you, and is able to show or tell the case number to the designated delivery agent. By being able to show or tell your case number, the designated delivery agent shall deem the person collecting the Delivery Bag is over 18 years of age and duly authorised to collect the same for and on your behalf, without having to verify his identity. Your authorised person will be required to sign the physical authorisation form mentioned in Clause 6.5 (which signature will also signify your authorised person’s due receipt of the Delivery Bag for and on your behalf). Your authorised person must also allow the designated delivery agent to take a photograph of his signed authorisation form and send the photograph to DrGo, at the time of collection of the Delivery Bag.
6.8
Instructions on how to take or administer any prescribed medications will be stated on the packaging of the medications. Such instructions will also be made available under “Records > Appointment History” of a User’s Tree3 Health account on the Tree3 Health platform. We will not accept any responsibility or be liable in any way in relation to any use or misuse of any of the prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer the prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
6.9
You understand that after the consultation, the diagnosis of medical practitioner will be available on the Tree3 Health (see Clause 8.5 below).
7. Records
7.1
Tree3 Health platform may provide information on factors which are known generally to help achieve a healthy lifestyle. The records in the Tree3 Health platform are created to store and provide access for you to your information relating to your use of Tree3 Health platform, which may include but not limited to demographic information, vital signs and diet records. Any such records are for your reference only.
Also, during registration with Tree3 health and your use of the services under Tree3 health, you are required to submit content (such as your email address, mobile number and identity document) (collectively, “User Content”).
7.2
You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that when submitting User Content (or communicating in any other way using the Tree3 Health platform), you must not submit, communicate or otherwise do anything that is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory, promotes violence, promotes or assists in any form of unlawful activity, discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organisations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy, misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
7.3
You must not infringe, or assist in the infringement of, the intellectual property rights (including, without limitation, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, without limitation, contractual duties and duties of confidence.
7.4
The “Records” function on the Tree3 Health platform is created to store and provide access for you to your information relating to your use of Tree3 Health platform, which may include diagnosis of medical practitioner(s) or other healthcare service provider(s), instructions on how to take or administer any prescribed medications and your payment record. Any such records are for your reference only.
7.5
It is solely the medical practitioner’s or healthcare service provider’s responsibility to oblige by applicable laws and regulatory requirements when writing up your diagnosis. We shall not be held responsible in any way if any information provided in the diagnosis is misleading, outdated or inaccurate.
7.6
By completing and submitting the records, our app provides information including but not limited to visualisations, knowledge based on general statistical information of health conditions. Neither the information, nor other outputs from Tree3 Health, constitute medical advice, diagnosis or acts as a substitute for a doctor.
7.7
We rely on an accurate record of your use of services in order to do this. Please do not therefore register more than once for our services.
7.8
Tree3 Health should not be used in an emergency. In the case of an emergency you should contact the emergency services and/or your doctor in the usual way. You may learn about statistical risks of disease which may cause distress. You should not use this feature if you do not wish to learn such information.
8. Payment
8.1
You undertake to promptly (in any case, within one (1) hour of completion of your consultation with a medical practitioner / healthcare service provider on Tree3 Health) pay all charges and fees (collectively, "Charges") for the use of services under Tree3 Health, which may include, without limitation, booking fees, consultation fees, medication fees and delivery fees.
8.2
You acknowledge and agree that some of the Charges will be collected by us for and on behalf of our Third Party Providers and such collection will not in any way compromise the position of Tree3 Health as being merely a platform which facilitates the provision of Medical Consultation and COVID-19 Testing Services to eligible Users
8.3
If you do not pay any Charges when due, you shall, without prejudicing any other rights we may have, pay us interest for the overdue amount at an interest rate equal to 2% per annum above the then Hong Kong dollar best lending rate of The Hongkong and Shanghai Banking Corporation Limited until full payment (before as well as after judgment).
8.4
If you do not pay any Charges when due, we may ask a debt-collection agency(ies) to collect the payment on our behalf, and you will be liable to us any costs and expenses which we may have reasonably incurred for engaging such agency(ies) for the payment collection.
8.5
Except in the event of manifest error on our part or as otherwise expressly provided in the Tree3 Health T&C, all payments made to us shall not be refunded to you in any event.
9. Our Rights
9.1
Without prejudice to any other rights and remedies available to us under the Tree3 Health Ltd or otherwise, we are entitled to, at any time, with or without prior notice:
(a) change any terms and conditions of the Tree3 Health,
(b) change the scope, suspend or restrict all or any part of Tree3 Health;
(c) cancel or terminate all or any part of Tree3 Health;
(d) cancel any User’s registration with Tree3 Health; and/or
(e) limit, suspend, deny or cancel any User’s access to any part of Tree3 Health.
9.2
In particular, without prejudice to any other rights and remedies available to us under the Tree3 Health Ltd or otherwise, we are entitled to immediately cancel any User’s registration with Tree3 Health, terminate any User’s Tree3 Health account, withdraw any premium or privilege which a User is supposed to be entitled to (in whole or in part) and/or take any other actions which we consider to be appropriate, without prior notice if:
(a) you are in breach of any provisions of the Tree3 Health Ltd;
(b) we suspect any fraud, dishonest use, misuse or unauthorized activity of or under Tree3 Health by you or by any person under your Tree3 Health account (including but not limited to during the registration process), regardless of whether you consented to or had knowledge of such fraud, dishonest use, misuse or unauthorized activity;
(c) you are named as a defendant or threatened with suit in any action or proceeding in which it is alleged that we have or any of our business partners have been used to carry defamatory material;
(d) you use Tree3 Health or a third party uses Tree3 Health:
(i) for any improper purpose or for the purpose of sending any unsolicited advertising material or any material of an obscene or indecent nature;
(ii) in any manner which is unauthorized, fraudulent, dishonest, unlawful or illegal, whether under any Applicable Law (as defined in Clause 7.1(d)) or otherwise.
(iii) in a manner which constitutes an infringement by you of the rights of any person (including but not limited to intellectual property rights and rights of confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party;
(e) a registered User dies; and/or
(f) we (or any of our business partners) are / is prohibited from supplying Tree3 Health or any services thereunder under any Applicable Law.
9.3
If your registration with Tree3 Health is cancelled or your Tree3 Health account terminated, you may no longer have access to our services.
9.4
You acknowledge and agree that Clauses 9 (Our Rights), 11 (Third Party Providers), 13 (Indemnities), 14 (Limitation of Liability) and 18 (General Terms) of this Terms and Conditions shall survive cancellation of your registration with Tree3 Health or termination of Tree3 Health or any services thereunder.
10. Your use of Tree3 Health
10.1
You:
(a) are only authorized to use Tree3 Health for your own personal and non-commercial use in accordance with this Terms and Conditions;
(b) will not permit any third party to have access to Tree3 Health or to use any services thereunder without our prior written consent;
(c) must not, and must not permit any other person, to sell, reproduce, copy, distribute, publish, modify any part of the Tree3 Health Platform, the server or any services under Tree3 Health, and/or prepare derivative works based on the Tree3 Health Platform or the Server;
(d) will abide by all applicable laws, rules, and regulations in relation to Tree3 Health (collectively, "Applicable Law"), and all Tree3 Health Ltd;
(e) will maintain and promptly update the User Data you have submitted to Tree3 Health and keep it true, accurate, current and complete;
(f) will not provide any information that is untrue, inaccurate, not current or incomplete. If there are reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or restrict the User’s access to Tree3 Health and refuse any and all current or future use of Tree3 Health;
(g) will promptly report any violation of any Terms and Conditions or Applicable Law to Tree3 Health; and
(h) will safeguard your login details and password and ensure that they are not disclosed or provided to any other party or person.
10.2
You must not in any way intercept, interfere or tamper with any part of Tree3 Health (including but not limited to any servers, network, software, hardware or equipment connected to or via Tree3 Health (collectively, "Server") and the Tree3 Health Platform) and must not use Tree3 Health or allow Tree3 Health to be used, directly or indirectly:
(a) for business or commercial purpose;
(b) to make or commit any action which may be unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance, immoral, tortious, unlawful, illegal, a hoax act, or infringe any third party or intellectual property rights;
(c) to send unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance or hoax messages or content;
(d) to cause annoyance, inconvenience or needless anxiety to any party or person;
(e) to do any other actions which in our sole discretion determine as inappropriate;
(f) to collect information of Users of Tree3 Health;
(g) to remove any copyright, trademark, or other proprietary rights notices contained in Tree3 Health;
(h) to access or attempt to access Tree3 Health in any way or method other than the instructions or interface provided by Tree3 Health Ltd / Tree3 Health;
(i) to restrict or inhibit any other persons from using Tree3 Health, including but not limited to by means of hacking, breaking into, or attempting to hack or break into, or cause any harm to Tree3 Health;
(j) to modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Tree3 Health Platform and the Server;
(k) to use any robot, spider, site search / retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Tree3 Health Platform and the Server;
(l) to download, copy, store, rip, distribute, share or re-direct any part of the Tree3 Health Platform and the Server in any way or through any media;
(m) to incorporate any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive components into the Tree3 Health Platform and the Server; and
(n) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Tree3 Health Platform and the Server.
10.3
If you wish to cancel your registration with Tree3 Health Ltd or terminate your Tree3 Health account, please fill in and return to us a designated termination form. You may obtain a termination form by emailing Customer Service at info@tree3.health or by calling Tree3 Health Hotline at 2621 3262. Upon receiving a duly completed termination form, your Tree3 Health account will usually be terminated within seven (7) Working Days.
11. Third-Party Providers
11.1
You acknowledge that the services of Tree3 Health are contributed, provided and/or maintained by Third Party Providers.
11.2
To the fullest extent as permitted by law, you acknowledge and agree that Tree3 Health Ltd, as the platform operator of Tree3 Health:
(a) makes no statement, representation or warranty, express or implied, in relation to any services provided or rendered by Third Party Providers;
(b) does not agree, does not disagree, does not approve and does not endorse any advices, materials or services provided by any Third Party Providers;
(c) shall not be responsible in any way for any advices, materials and/or services provided by any Third Party Providers;
(d) makes no guarantee whatsoever as to the performance of the services for which each Third Party Provider is responsible;
(e) shall not have or accept any liability, obligation or responsibility whatsoever for any direct or indirect loss, costs or damage (including but not limited to consequential loss, loss of profits or damage) howsoever arising from or in respect of any use, inability to use or misuse of or reliance on advices, materials or services provided by any Third Party Providers, or any loss, costs or damage a User or any party or person may suffer or incur as a result or in connection with any advices, materials or services provided by any Third Party Providers; and
(f) shall not have or accept any liability, obligation or responsibility whatsoever for any loss, damage, destruction of property, personal injury or death of the User arising out of or relating to Medical Service provided by a Third Party Provider to the User.
12. Personal Data
12.1
In registering with Tree3 Health and accessing the services thereunder, you may be requested to provide us with certain Personal Data (as defined in the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong). You have certain rights in the Personal Data you provide. Tree3 Health will use its best commercial efforts and care to safeguard your Personal Data. To register with Tree3 Health and to access the services thereunder, you are required to agree to the “Personal Information Collection Statement” set out in the Tree3 Health Platform, and the “Tree3 Health Privacy Statement” (available at Tree3 Health Platform and Tree3 Health Ltd website).
13. Indemnities
13.1
You agree to indemnify Tree3 Health Ltd, its service providers, contractors, sub-contractors, licensors and agents (including but not limited to the Third Party Providers) and their respective officers, directors and employees (collectively, the "Indemnified Parties") against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by any of the Indemnified Parties arising from or which is related to:
(a) your registration with Tree3 Health and/or your use of any services thereunder; and
(b) any breach or non-observance of any Tree3 Health terms and conditions by you, and/or other party(ies) or person(s) using the services under your Tree3 Health account, whether with or without your authority or knowledge.
14. Limitation of Liability
14.1
Without limiting other provisions hereof, everything on Tree3 Health and the services provided thereunder are provided to you on an “as is” and an “as available” basis, without warranty or condition of any kind, either expressed or implied, and all representations and warranties in connection with Tree3 Health and the services thereunder are excluded to the fullest extent permissible under any Applicable Law.
14.2
To the fullest extent permitted by law, Tree3 Health will not accept any liability whatsoever for any direct, indirect, consequential, collateral, special, punitive or incidental loss, destruction or damage (including but not limited to corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss) resulting from your access to, reliance on, or use of, or inability to use any part of Tree3 Health (including any Third Party Services), whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not Tree3 Health knows of or reasonably should have known of the possibility of such damage.
14.3
Tree3 Health Ltd endeavors to provide a convenient and functional Tree3 Health platform, but does not in any way guarantee that the Tree3 Health platform or the Server will be error-free or continuous or that the Tree3 Health Platform or the Server is free of viruses or other harmful components.
14.4
Tree3 Health Ltd does not in any way guarantee the quality of the photo via the Tree3 Health Platform, as the same will be dependent on various factors, such as the User’s hardware, Internet connection status etc.
14.5
Although Tree3 Health Ltd will use reasonable endeavors to maintain the Tree3 Health Platform, it does not undertake to provide support or maintenance services for the Tree3 Health Platform.
14.6
If your use of the Tree3 Health Platform results in the need for servicing or replacing any property, material, equipment or data, Tree3 Health Ltd will not be in any way responsible for any costs or expenses in relation to any loss or damages.
15. Modification of Terms
15.1
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Services from time to time to view any such changes in the Agreement. If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephone or email communications shall be valid.
16. Privacy Policy
16.1
The Company respects the privacy of our Users. Please refer to the Company’s Privacy Policy (found here) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to this Privacy Policy.
17. Languages
17.1
In case of discrepancies between the English and Chinese language versions of this policy, the English version shall prevail.
18. General Terms
18.1
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Services are governed by the Basic Law of Hong Kong.
18.2
The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you are void.
18.3
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY. REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
18.4
Contact Information: If you have any questions about these Terms of Use or the Services, please contact Tree3 Health at info@tree3.health or Tree3 Health, Room 31, 20/F, Leighton Centre, 77 Leighton Road, Causeway Bay, Hong Kong
Last update: 17/12/2021
