Terms & Conditions

Terms & Conditions

These Terms and Conditions (collectively, the "Agreement") constitute a legal agreement between you and Mixup Solution Company Limited ("the Company", "we", "our", "MixCare Health") governing your use of the MixCare Health platform, applications, and services operated by the Company. By using or receiving any services supplied by the Platform, you acknowledge and agree to be bound by this Agreement. If you do not agree, do not access or use the Platform.

The Company reserves the right to update and/or modify this Agreement at any time, effective upon posting. Your continued use of the Platform constitutes acceptance of the revised Agreement.

1.1 Welcome

Welcome to MixCare, a health and wellness membership program administered, managed and distributed by MixCare Health and our partners. MixCare provides access to a wide medical network of General Practitioners, Specialists, and other wellness services. You can access these products and services via our web platform and mobile app.

This is a membership program and not an insurance contract. By joining MixCare, you are deemed to have read, fully understood and agreed to abide by these Terms and Conditions.

1.2 Eligibility

To join MixCare, you must:

1.3 Registration

You may apply to join MixCare through our website or mobile app. We will notify you of acceptance via email. We may assign different membership statuses with different rights attached.

1.4 Renewals

Membership terms are either monthly or annual as specified on the Platform. MixCare adopts an auto-renewal policy. If you do not unsubscribe, your membership will auto-renew at expiry. Benefits not used within a term are forfeited and cannot be carried over.

1.5 Changing Membership Status

We may offer membership status changes at our sole discretion. Any such change is subject to our acceptance.

MixCare Health offers the following services to eligible members and corporate clients. Each service may be subject to additional terms and conditions.

2.1 Self-Funded Outpatient Service

MixCare provides access to a network of registered General Practitioners and Specialists for outpatient consultations. Members may use their allocated benefits or flexible spending account balance to pay for eligible outpatient visits. This service does not constitute an insurance policy. Eligibility, benefit limits, and co-payment requirements (if any) are set out in your membership plan.

2.2 Wellness Marketplace

The Wellness Marketplace is an online platform within MixCare where members can browse, book, and pay for health and wellness products and services offered by third-party Wellness Providers. The Company acts solely as a technology facilitator and is not the seller or provider of marketplace offerings. All marketplace transactions are directly between the member and the Wellness Provider.

2.3 Flexible Spending Account (FSA)

Eligible members or employees enrolled through a corporate plan may receive a Flexible Spending Account ("FSA") funded by their employer or plan sponsor. FSA funds may be used toward eligible health, wellness, and outpatient expenses as specified in the applicable plan. FSA balances are non-transferable, non-exchangeable for cash, and subject to expiry as stated in the plan. Unused balances at the end of the plan period will be forfeited. FSA administration is subject to the rules of the employer or plan sponsor.

2.4 Flexible Benefit Solution

The Flexible Benefit Solution allows corporate clients to configure customised employee benefit packages comprising selections from eligible services and products available on the MixCare platform. Employees may allocate their benefit credits across approved categories. The specific benefit options, credit allocations, and eligibility criteria are determined by the corporate client in consultation with MixCare Health. MixCare Health acts as a benefit administration platform only and does not guarantee the availability of any specific benefit option.

2.5 Wellness Events

MixCare Health organises and facilitates wellness events, including seminars, workshops, health screenings, and other programmes for corporate clients and members. Participation may be subject to separate event-specific terms, registration requirements, and capacity limits. MixCare Health reserves the right to cancel, reschedule or modify any event at any time.

3.1 Claiming Benefits

You can view and claim benefits through the Membership Portal following the instructions provided.

3.2 Membership Portal

Use of the Membership Portal is subject to these Terms and Conditions, our website Terms of Use, and our Privacy Policy. The Portal may not be available at all times and we shall not be liable for any unavailability.

3.3 Additional Payments

Certain benefits may require additional payment beyond membership fees. You will be informed of any such requirements before using the service.

3.4 Personal Use Only

Your membership is for your personal use only and is non-transferable. You must not use MixCare for commercial purposes. Use by dependants may be permitted subject to additional conditions.

3.5 Independent Advice

MixCare is not a substitute for professional medical advice or treatment. You should consult a qualified healthcare professional before making health decisions.

All fees are specified in your Order Form or subscription plan. Fees are based on services purchased and not actual usage. Payment obligations are non-cancellable and fees paid are non-refundable unless otherwise stated.

You must provide valid payment information and authorise the Company to charge your payment method for subscription fees. Subscriptions renew automatically unless cancelled. The Company reserves the right to modify fees upon reasonable notice.

You are responsible for all applicable taxes arising from your use of the Platform, including but not limited to Profits Tax under the Inland Revenue Ordinance (Cap. 112, Laws of Hong Kong).

We are an online platform that connects Consumers seeking wellness services with third-party Wellness Providers. We are a neutral technology facilitator and are not a party to transactions between Users. We do not provide the wellness services listed on the Platform.

5.1 Wellness Providers as Independent Contractors

Wellness Providers are independent contractors providing services directly to Consumers. There is NO employment relationship between Wellness Providers, Consumers, and the Company. Wellness Providers must comply with all applicable laws of Hong Kong, including the Employment Ordinance (Cap. 57), Employees' Compensation Ordinance (Cap. 282), and taxation obligations under the Inland Revenue Ordinance (Cap. 112). Wellness Providers are not entitled to MPF contributions, annual leave, or other statutory employee benefits from the Company.

To access the Platform, you must create a password-protected account. Consumers must agree to these Terms and Conditions and provide required information. Wellness Providers must additionally complete email verification and warrant that they hold all necessary licences, qualifications, and insurance.

Wellness Providers are wholly responsible for filing applicable tax returns with the Inland Revenue Department of Hong Kong SAR in respect of all earnings, including those from wellness services provided through the Platform.

We do not guarantee that Wellness Providers will be punctual or will attend scheduled appointments. We make no guarantees regarding quality or outcome. Any verification badge indicates only that the Wellness Provider is a registered Platform member, not an endorsement by the Company.

Where Consumers have disputes with Wellness Providers, such disputes should be addressed directly with the Wellness Provider. Users agree to release the Company and its officers, directors, affiliates, employees and agents from any claims arising from such disputes.

You must not misuse the Platform. Prohibited activities include but are not limited to: hacking, scraping, fraud, spamming, soliciting other users, recreating or competing with the Company, collecting personal data of other users, or using the Platform for any unlawful purpose.

The Company reserves the right to immediately terminate your access and initiate legal proceedings for misuse.

10.1 General

These billing terms apply to all subscription-based membership services on MixCare Health. You must be at least 18 years old to purchase. A purchase constitutes an offer to the Wellness Provider which is not accepted until payment is completed.

10.2 Payment

You agree to pay all charges incurred under your account including applicable taxes and fees. You authorise us to charge your designated payment method and to retain payment information associated with your account.

10.3 Cancellation

All subscription services are non-refundable unless otherwise specified. To cancel, contact us at info@mixcarehealth.com. Your membership will continue until the end of the current billing cycle. Processing takes up to 5 business days.

The collection, use, and disclosure of your personal data is governed by our Privacy Policy, which is incorporated by reference. By using the Platform, you consent to such collection and use.

For Hong Kong users: Your personal data is collected and processed in accordance with the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) ("PDPO"). You have the right to request access to, correction of, and to object to the use of your personal data as provided under the PDPO. Requests may be directed to info@mixcarehealth.com.

For Macau users: Your personal data is additionally protected under the Macau Personal Data Protection Act (Lei n.º 8/2005). You may exercise your rights under that law by contacting us at info@mixcarehealth.com.

By registering, you consent to receive transactional communications via SMS, WhatsApp, and email. Marketing communications may be opted out. To opt out of SMS/WhatsApp, contact us at +852 2323 3132. For email opt-out, refer to our Privacy Policy.

The Company may provide limited assistance in resolving disputes between Consumers and Wellness Providers upon request. Disputes between you and the Company shall first be submitted to good faith negotiation for a period of 30 days. If unresolved, disputes shall be settled by arbitration in accordance with Section 24.

Content you post on the Platform (ratings, reviews, images, comments) may be viewed by the public. You grant the Company an irrevocable, royalty-free, worldwide licence to use, reproduce, modify and distribute such content. You warrant that you own or have rights to all content you post.

The Company reserves the right to remove content that violates content guidelines, including offensive, illegal, false, or platform-standard-violating material.

All Platform content (excluding user-generated content) is owned by the Company and protected under the Copyright Ordinance (Cap. 528, Laws of Hong Kong SAR) and applicable international laws. You may not copy, reproduce, or retransmit any content without prior written consent.

While the Company takes steps to verify Wellness Providers, we cannot confirm that Wellness Providers are who they claim to be. Verification is based on information provided by Wellness Providers at registration and may not reflect current status. Consumers should exercise due diligence before engaging Wellness Providers.

Ratings and Reviews reflect the opinions of Consumers only and do not represent the views of the Company. The Company assumes no responsibility for any Review or claims resulting from use of the Platform.

Platform content relating to wellness services is provided "as-is" without warranties. Such content does not constitute professional advice.

Links to third-party sites are provided for convenience only and do not constitute endorsement. The Company is not responsible for third-party site content. Use of such sites is at your own risk and governed by their own terms.

本平台按「原樣」提供，不附帶任何形式的保證。本公司不對準確性、完整性或特定用途適用性作出任何保證。在香港法律允許的最大範圍內，所有默示保證均被免除。

Subject to sections 20.1 and 21, nothing in these Terms and Conditions shall exclude or limit any liability which cannot be excluded or limited under applicable Hong Kong law.

To the maximum extent permitted by Hong Kong law, the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages arising from your use of the Platform or services.

If the Company is found liable, the aggregate liability shall not exceed the total fees paid by you in the six (6) months preceding the claim.

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from any claims, losses, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your breach of any third-party rights.

23.1 Changes to the Program

We may at any time modify, suspend or terminate any aspect of MixCare including membership fees, benefits, and these Terms and Conditions. Changes are effective upon posting.

23.2 Termination by the Company

We may terminate your membership at any time for misuse, breach, or fraud with or without notice.

23.3 Termination by You

To terminate, notify us via the portal or email info@mixcarehealth.com. Your membership continues until the end of the billing cycle. Processing takes up to 5 business days.

23.4 Termination upon Demise

Membership automatically terminates upon a member's death.

MixCare Health may incorporate artificial intelligence ("AI") and machine learning features within its platform, including but not limited to health recommendations, symptom checking tools, benefits optimisation suggestions, and wellness content personalisation ("AI Features").

24.1 Nature of AI Features

AI Features are provided for informational and convenience purposes only. They do not constitute medical advice, diagnosis, or treatment. AI-generated outputs may be inaccurate, incomplete, or not applicable to your individual circumstances. You should not rely on AI Features as a substitute for professional medical, health, financial, or legal advice.

24.2 Data Use by AI

AI Features may process your health data, usage patterns, and preferences to provide personalised outputs. By using AI Features, you consent to such processing. All processing is conducted in accordance with our Privacy Policy and the Personal Data (Privacy) Ordinance (Cap. 486) (for Hong Kong users) and Lei n.º 8/2005 (for Macau users).

24.3 Limitations and Disclaimer

The Company makes no warranty that AI Features will be accurate, uninterrupted, or free from error. The Company shall not be liable for any decisions made based on AI-generated outputs. AI Features may be modified, suspended, or discontinued at any time without notice.

24.4 User Obligations

You must not attempt to reverse-engineer, manipulate, or circumvent AI Features. You must not use AI Features to generate or spread misinformation. You must not use AI outputs for any unlawful purpose.

24.5 Feedback

If you notice errors or concerning outputs from AI Features, please report them to info@mixcarehealth.com. We continuously monitor AI systems for quality and safety.

Any dispute, controversy or claim arising out of or relating to this Agreement, or its breach, termination or invalidity, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules. The appointing authority shall be the Hong Kong International Arbitration Centre (HKIAC). The seat of arbitration shall be Hong Kong. There shall be one arbitrator. Proceedings may be conducted in English and/or Chinese.

This Agreement is governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. The courts of Hong Kong SAR shall have non-exclusive jurisdiction over any disputes arising from this Agreement.

The following terms apply to HealthCoin and HealthCoin redemption codes:

Severability: If any provision is found unlawful or unenforceable, it shall be modified to be enforceable to the maximum extent possible. If modification is not possible, the provision shall be severed without affecting remaining provisions.

Entire Agreement: These Terms and Conditions constitute the entire agreement between you and the Company regarding the subject matter and supersede all prior agreements.

Language: In case of inconsistency between the English and Chinese versions, the English version shall prevail.