Terms & Conditions

The Terms and Conditions stated therein (collectively, the “Agreement”) constitute a legal agreement between you and Mixup Solution Company Limited (“the Company”, “we”, “our” “MixCare Health”) stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by the Company. In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, and downloading, installing and/or using the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. The Company reserves the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.

1. Becoming a MixCare Member

1.1. Welcome

Welcome to “MixCare”, a health and wellness membership program that provides you access to a wide medical network of General Practitioners, Specialists and other wellness services and providers, Mixup Solution Company Limited (“MixCare Health” or “we”) and our partners. You can find those products and services on our web platform and mobile app.

MixCare is administered, managed and distributed by MixCare Health. The following terms and conditions set out the rules governing this membership program (the “Program” and its “Terms and Conditions”). As we seek to continue to improve the Program, we may change these Terms and Conditions from time to time at our sole discretion. This is a membership program and not an insurance contract.

By joining MixCare, you are deemed to have read, fully understand and agree to abide by these Terms and Conditions. You must read these Terms and Conditions before you apply to join the Program. These Terms and Conditions contain important information. If you do not understand them or have any questions, please email us at cs@mixcarehealth.com. We are here to assist you.

1.2. Who can sign up

You must meet the following criteria before you can apply to join MixCare:

you have received an invitation from us, or our partners who we designate from time to time;
you have a valid and unique work email address and contact phone number;
you reside in Hong Kong;
you are a natural person (and not a company or trust or any other structures); and
you meet all of the other criteria or conditions that we may impose from time to time.

Notwithstanding the above, we have the sole discretion in determining whether we accept your application.

1.3. How to sign up

You may apply to join MixCare through our website or mobile app. If we accept your application, we will inform you through a confirmation email.

We may, at our sole discretion, assign different status to different members’ membership with different rights and duties attached to the status. For example, some members may have access to more information than the others and some may need to pay certain membership fees while the others do not. In the event you do make the application, you are deemed to accept all the terms of the proposal and all other conditions . In any event, we have the sole discretion in determining whether we accept it.

By continuing to be a member of MixCare, you unequivocally agree to the terms and conditions applicable to your membership status as amended from time to time.

You may check your membership status through the MixCare membership site that is hosted on our website, web applications and/or mobile applications (collectively, the “Membership Portal”). Since membership fees may apply and may be collected by third parties on our behalf, please check the Membership Portal for details.

You can only hold one membership at any one time.

1.4. Renewals

Depending on your subscription model, each membership term is either one year or one month subscription plan stated in the web platform or mobile app. The first term begins on the first day you become a MixCare member. If you do not use the membership benefits within a membership term, they will be forfeited and cannot be carried over to the next term.

If you wish to remain a member of MixCare, depending on your subscription model, you must renew your membership every month or year. MixCare adopts an auto renewal policy, if you do not unsubscribe your membership, your membership will be subjected to auto renewal at the expiry date depending on your primary subscription model (monthly memberships will be auto renewed for a month, yearly memberships will be auto renewed for a year etc.)

1.5. Changing your membership status

We may, at our sole discretion, offer you an upgrade to a different membership status options from time to time, and it is your own decision to decide whether to proceed with applying for the membership status change based on our proposal. In the event you do apply to make a status change, you are deemed to accept all the terms of the proposal and all other conditions. In any event, we have the sole discretion in determining whether we accept your application to change your membership status.

2. Benefits

2.1. Entitlement to benefits

MixCare offers a range of benefits (“Benefit(s)”) to its members, such as access to medical services as well as health and wellness products (“Product(s)”) and services (“Service(s)”). We have the sole discretion in determining your entitlement to any of the Benefits. You may check the details of your entitlement at the Membership Portal.

The party providing the Benefits may be us or any of our designated partners and each Benefit item may be subject to further terms and conditions. If you choose to use a Benefit, you will be bound by the additional terms and conditions applicable to that Benefit item. If there are any inconsistencies between these Terms and Conditions and those additional terms and conditions, the latter prevail.

We can, at any time, withdraw, suspend or amend any of the Benefits at our sole discretion, with or without notice.

3. Using your membership

3.1. Claiming Benefits

You can view and claim the Benefits that you are entitled to by following the instructions on the Membership Portal or in our communications to you.

3.2. Your choice

MixCare offers a range of Services and Products, with some only redeemable with certain membership statuses, please check with each membership plan applies to which services of your wish. You can decide whether or not and which, if any, of the Services and Benefits to use.

3.3. Membership Portal

Use of the Membership Portal is subject to these Terms and Conditions as well as our website’s Terms of Use and our Privacy Policy. The latest version of them are available on our website.

The Membership Portal may not be available at all times and we will not be liable to you in connection with any unavailability and unreliability of it and any aspects of the information displayed on or through it.

3.4. You may need to pay for Products or Services or enter into a contract

In order to claim certain Benefits and use certain Services or Products, you may need to make a payment in addition to your MixCare membership fees (if any). For example, in some circumstances you may need to engage one of our partnered medical doctors to complete a Service and you may need to pay for it notwithstanding you have paid any MixCare membership fees. You can check the relevant information on the Membership Portal and/or our partners’ websites and such information will be communicated to you before you choose to use the Benefits, Services or Products.

In some circumstances, you may be required to enter into a contract with our partner to claim certain Benefits or use certain Services or Products. We will not be a party to any contract between you and our partner, and we will have no liability in connection with that contract.

3.5. Providing information to us and our partners

You must provide your MixCare Membership Card and other personal information requested by us and our partners in order to claim your Benefits.

You must answer all our and our partners’ questions honestly and ensure that all information you provide is true, complete, accurate and not misleading. You must provide us and our partners with all information including any medical conditions that might be relevant to the Benefits, Services or Products before you use them.

If you provide information to us that comes from a third party (such as a receipt issued by a third party medical service provider) or if you arrange a third party to provide information to us (such as arranging a third party doctor to provide your medical history to us), that third party must not be related to you and must not have any interest that may conflict with ours and our partners’ in providing that information.

If you do not provide the information that we or any of our partners require, you will not be able to use the Services or Products or receive the Benefits.

You may be required to provide certain information online. No data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit online whether via our website, the Membership Portal or our partners’ websites. Any information which you provide via the internet is provided at your own risk.

3.6. We can verify the information you provide

We can take steps to verify the information you provide to us, including by contacting persons (such as medical practitioners) referenced in the information you provide to us. You consent to those persons discussing you with us and disclosing your personal information (including sensitive information and medical records) to us. We may also ask you for further information or evidence to verify the information you provide to us.

3.7. Benefits may not be available

Some Services or Products may not be available at all times or in some locations or to certain age groups. We will not be liable to you for any Services or Products not being available to you.

3.8. Use at your own risk

You use the Services or Products at your own risk. The Services or Products available through MixCare and the information and materials provided to you through MixCare may not be suitable for all members. You must use your best endeavours to ensure your own safety while using the Services or Products and to avoid harm to yourself.

3.9. Seek independent advice

MixCare is a membership program. It does not constitute medical advice and is not a substitute for medical advice or treatment. You should consult your doctor or the appropriate professionals independent of MixCare in relation to your personal circumstances including any health or medical condition prior to joining MixCare or using any of the Services or Products.

Information and materials provided to you through MixCare may not be based on the most recent findings or developments and are not specifically tailored for any particular person. There could be health and wellness research that could render the information provided by or through us or our partners obsolete or in other ways not applicable.

You must not disregard or change any treatment your doctor or other health professionals recommends to you as a result of the use of a Service or a Product without first consulting that doctor or health professional.

3.10. Use by others

Your membership is for your personal use only and is not transferrable. Without limiting this:

you must not provide or give to any other person, or allow any other person to use, any Service, Product or Benefit unless specifically permitted by the terms and conditions

for that Service, Product or Benefit;

you must take reasonable steps to ensure that no one else uses your MixCare membership unless specifically permitted by the terms and conditions for that Service, Product or Benefit;
you must not use MixCare (and any Services, Products and Benefits available under it) for business or commercial purposes; and
we may, at our sole discretion, allow your dependent to use the Benefits on the following conditions:
- you have provided the personal and other information of your dependant pursuant to our request and in doing so, you have complied with all laws and regulations including the Personal Data (Privacy) Ordinance (Chapter 486, Laws of Hong Kong);
- you represent and warrant that your dependant has the capacity to use the Benefits fairly and responsibly and in accordance with these Terms and Conditions;
- you undertake to indemnify MixCare Health, and all of its directors, employees and contractors, and hold all of them harmless from any claim, loss, damage, costs, expenses of any nature or other liability arising from or related to your dependant’s use of the Benefits or breach of these Terms and Conditions arising out of such use or breach; and
- you have communicated to your dependant and you and your dependant fully understand that, by applying for your dependant’s eligibility to use the Benefits, you and your dependant are deemed to accept and agreed to comply with these Terms and Conditions notwithstanding that he / she is not a MixCare member and we do not owe any obligation to him / her.

3.11. Using your membership responsibly

You must not use your membership for illegal purposes, in any manner that is inappropriate, likely to offend others or fraudulent. We may take steps to verify the responsible use of your membership.

3.12. No warranty

We make no express or implied representation or warranty regarding the completeness, accuracy, reliability, suitability or currency of the information provided by us or our partners under the Program.

3.13. No exchange for cash

The Benefits under the Program and the membership have no cash value and cannot be exchanged for cash.

4. FEES, CHARGES AND TAXES

Consumers will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are cancellable and fees paid are non-refundable , and (iii) quantities purchased cannot be decreased during the relevant subscription term.

Consumers will provide the Company with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to the Company. Doing so, the Consumer authorizes the Company to charge such credit cards for all purchased services listed in the order form for the initial subscription term and subscriptions shall be renewed automatically at the expiration of the existing without further notices. Such charges shall be made at the day of expiration of the existing subscription, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the orders form specifies that payment will be by a method other than a credit card. The company will invoice you in advance and otherwise in accordance with the relevant order form. Unless otherwise stated in the order form, invoiced charges are due immediately at the invoice date. The Consumer is responsible for providing complete and accurate billing and contact information to the Company and of any changes to such information.

The Company reserves the right to increase fees or to institute new fees or charges on Users of the Platform, upon reasonable notice provided to users and/or posted on the Platform.

5. THE COMPANY’S ROLE AND RELATIONSHIP WITH USERS

We are an online web and mobile application that connects users of the Platform who request for wellness services via the Platform (known as “Consumers” thereafter) and users who provide wellness services and products (known as “Services” and “Products” thereafter) to consumers (known as “the Supplier” for singular and “the Suppliers” for plurals thereafter). Consumers and Wellness Providers (collectively, “Users”) acknowledge and agree that we are solely a venue for communications and neutral facilitator and are not directly involved, nor is a party to the transactions, agreements, contract or arrangements between Users.

5.1 Companies

The Company, through the Platform, offers information and a method to obtain services. The Company does not provide the Wellness Services listed on the Platform and it is up to third-party Wellness Providers to offer the Wellness Services to Consumers and it is up to the Consumers to accept such Wellness Services. The service of the Company is to link Consumers with third-party Wellness Providers but does not nor is it intended to provide the Wellness Services or any act that can be construed in any way as an act of the Wellness Services.

5.2 Consumers

Where you are a Consumer, you may only access the Wellness Services using authorized means. You agree that the Wellness Providers are independent contractors and by no means constitute in any form an employment relationship between the Wellness Providers and you.

5.3 Wellness Providers are Independent Contractors

Where you are a Wellness Provider, you represent and agree that you are an independent contractor providing service to Consumers. Wellness Providers acknowledge that they will rely on their own experience and professional knowledge or skill in the provision of Wellness Services to the Consumer and that the Company will not provide them with any instruction, supervision and advice. Wellness Providers agree to prepare the necessary tools and comply with the Laws of Hong Kong as to the required obligation of an independent contract (including purchase of valid insurance coverage) in order to provide the Wellness Services lawfully. Wellness Providers will assume responsibility for their own chance of profit and risk of loss. As independent contractors in the provision of Wellness Services, the Wellness Providers acknowledge that they will not be entitled to any rights or benefits, as employee or otherwise, under statutory provisions, including but not exclusively those under the Employment Ordinance and the Employees Compensation Ordinance such as annual leave, sick leave, contribution to Provident Fund or Mandatory Provident Fund and taxation. There is NO employment relationship formed between the Wellness Providers, the Consumers and/or the Company through the Wellness Services provided by the Wellness Providers. Wellness Providers SHALL NOT utilize the Platform to obtain employment and Consumers SHALL NOT regard themselves as an employer of the Wellness Providers.

6. REGISTRATION PROCEDURES

6.1 General Procedure

To access and participate in the Platform, you will need to create a password-protected account through the purchase of MixCare (known as “account” thereafter). In order to register and create an account on the Platform, Consumers must agree to the Terms and Conditions and provide any other information required by the Platform for registration, while Wellness Providers must (a) agree to the Terms and Conditions, (b) provide any other information required by the Platform for registration, and (c) be verified through Email verification.

Upon completion of registration, Consumers can browse through the list of Wellness Providers offered by the platform. Consumers are entitled to select the suitable Wellness Providers based on the information provided by the Wellness Provider. We do not guarantee to Wellness Providers that they will be hired by the Consumers.

Once hired by Consumers, Wellness Providers undertake to perform the Wellness Services pursuant to their contract with Consumers. Wellness Providers shall, at their own costs and expenses, prepare and/or purchase and maintain the necessary equipment and tools to provide services to Consumers. Wellness Providers warrant and undertake to the Company that they have the necessary licenses, qualification, skills and experience to provide the Wellness Service. The Wellness Providers may choose to assign, sub-contract or transfer the Wellness Services opportunities referred to appropriate and qualified Wellness Providers as long as the referee is approved by the Consumer and by the Company. The Wellness Providers acknowledge that it is their responsibility and not the Company’s responsibility to arrange and maintain all necessary or required insurance in respect of the Wellness Services or in relation to the provision of the Wellness Services on their own account and at their own cost at all times. Wellness Providers understand that they will hold full responsibility in the settlement of claims and the recovery of losses raised by the Consumers in relationship to the provision of the Wellness Services. Wellness Providers acknowledge that they are wholly responsible for providing true, valid and complete information to the Government of Hong Kong SAR to fulfill the Hong Kong taxation requirements for being a self-employed person or business entity in the provision of the Local Wellness. It’s the Wellness Providers’ responsibility, not that of the Company’s to file applicable profit tax returns in respect of all earnings for a tax year, including those earned from the provision of the Wellness Services.

Consumers are obliged to observe the terms of their contract with Wellness Providers, and to furnish payment to Wellness Providers on a mutually-agreed date. Wellness Providers are not entitled to non-performance of their contractual obligations, unless there was a material failure to comply with contractual obligations on the Consumers’ part, including but not limited to the Consumers’ refusal to pay.

7. NO GUARANTEES OR ENDORSEMENTS FOR Wellness SERVICES PROVIDED BY Wellness PROVIDERS

We do not guarantee that Wellness Providers will be punctual, or will attend any of the scheduled appointments, as Wellness Providers are not employees, contractors or agents of the Company, nor are we an agent for the Wellness Providers.

We make no guarantees or representations regarding the skills and/or the outcome or quality of service performed by Wellness Providers. We do not endorse or recommend the services of any particular Wellness Provider. Any reference on the Platform or at the premises of a Wellness Provider to the Company’s verifications indicates only that the Wellness Provider is a registered member of the Platform, and is not an endorsement, certification or guarantee by the Company. Additionally, the Company reserves the right not to issue or to remove without notice to Users the Company’s verification to Wellness Providers if Wellness Providers are in breach of the Agreement, if the verification was issued incorrectly or obtained falsely, or for any other reasons requiring its removal by the Company. Consumers should exercise due diligence and caution when deciding to hire Wellness Providers.

We do not perform and are not responsible for the performance of Wellness Services requested by Consumers. In terms of the provision of Wellness Services by Wellness Providers and all other related matters, Consumers contract directly with Wellness Providers, and their contractual rights are governed by the contractual terms between them and by applicable laws.

8. RELEASE FROM DAMAGES OR CLAIMS BETWEEN CONSUMERS AND WELLNESS PROVIDERS

Where Consumers have a dispute with Wellness Providers, the former should address such disputes with the Wellness Provider directly. Users hereby agree to release the Company (and our officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such dispute.

9. YOUR USE OF THE PLATFORM AND PROHIBITED USES

As a User of the Platform, you agree to comply with the Agreement and all applicable laws and regulations. You acknowledge and agree that the Platform is for your personal use only. You undertake not to misuse or attempt to misuse or circumvent the Platform, or are using or attempting to use the Platform for any unlawful, immoral, inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming. You may not use the Platform to recreate or compete with the Company, or to solicit or harass other Users, or for any other purpose not contemplated herein. You are prohibited from advertising or soliciting services not within the ambit of any of the services offered by the Platform at the material time when the advertisement or solicitation was publicized.

All personal information about Users are confidential, and you may not collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to the Company for any such damages, and will indemnify the Company in the event of any third-party claims against the Company based on or arising from your violation of the foregoing. Additionally, the Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies, for your misuse or suspected misuse of the Platform.

10.SUBSCRIPTION BASED MEMBERSHIP SERVICES AND BILLING

Unless otherwise specified in the additional terms that apply to the Services you are using, the terms in this Section 10 apply to you. Beside the terms in section 10, use of the MixCare is subject to the respective MixCare Health’d terms of use. We offer MixCare and these services are governed by the additional terms you agree to when you purchase them. The following terms apply to all the subscription based services on MixCare Health.

10.1 General Information

These terms of Subscription Based Membership Service and Billing apply to every service a Buyer and/or Subscriber (known as “consumer” thereafter) book or purchase from Wellness Provider on MixCare Health.

The Wellness Provider Offering shall mean the goods and/or services to be supplied and/or provided by the Wellness Provider to the consumer, as specified on MixCare Health’s Site.

The Wellness Provider is a third party unrelated to MixCare Healththat sells supplies and/or provides the Wellness Provider Offering. MixCare Healthdoes not sell, supply and/or provide the Wellness Provider Offering. It only provides the platform for the wellness provider to post and display in MixCare Health’s Subscription Based Membership Service. MixCare Health’s Subscription based Membership Service acts as a form of copayment to the Wellness Provider Offering.

These Terms of Subscription Based Membership Service and Billing were last updated on 24/09/2020 (version 1.0). MixCare Health reserves the right to unilaterally amend these Terms of Subscription Based Membership Service and Billing at any time. All amendments to these Terms of Subscription Based Membership Service and Billing will be posted online. You will be bound only to the version of the Terms of Subscription Based Membership Service and Billing you agreed to at the time you purchase and/or book a Subscription Based Membership Service.

10.2 Book or Purchase of a Subscription Based Membership Service

You must be at least 18 years old to book or purchase a Subscription Based Membership Service. Before you can make a booking or purchase you need to register and subscribe to the MixCare package with MixCare Health’s.

By booking and/or purchasing you submit an offer to the Wellness Provider to buy the Wellness Service. However, the purchase of the Wellness Service is not complete until you have completed the payment successfully. MixCare Health and or Wellness Provider expressly reserves the right to reject your offer. In addition, even if a Wellness Provider has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against MixCare Health And or Service Provider, an affiliated third party of MixCare Health or the Wellness Provider.

The Wellness Provider may have its own terms and conditions applicable to the sale, supply and/or provision of the Wellness Provider Offering.

The service packages listed on this website are provided by Wellness providers. In terms of the provision of services by Wellness providers, and all other related matters, you contract directly with Wellness providers, and their contractual rights are governed by the contractual terms between them and by applicable laws. You understand and agree that your purchase and use of the Service is also subject to the Wellness Provider’s terms of service and privacy policy, which you should read thoroughly before agreeing to them.

10.3 Responsibility for the Wellness Providers offering

Please note that the Wellness provider, and not MixCare Health, is :

the seller,suppliers and/or provider of the Wellness providers offering;

the party who enters into a contract with the consumer who booked or purchased the service when the service is booked or purchased; and

solely responsible for providing the consumer with the Wellness Provider offering and the Wellness provider offering itself.

10.4 Payment

You represent that you are at least the minimum age required to enter into a legal agreement. You agree to pay Wellness service providers/ Wellness providers for any Wellness Services you purchase from them, as well as all other charges incurred under your account, including applicable taxes and fees. You are responsible for all charges incurred under your account, including purchases made by you or anyone you allow to use your account or any sub-or linked accounts (including any person with implied, actual, or apparent authority) or anyone who gains access to your account as a result of your failure to safeguard your authentication credentials.

You authorize and direct us to charge your designated payment method for these charges. You authorize and direct us to retain all information about any payment method(s) associated with your account.

10.5 Amendment and Cancellation

All Subscription based Membership Services sold are non-refundable unless provided otherwise in the terms you agree to when you purchase the Subscription based Membership Service. You may terminate your MixCare Health membership by notifying us through our email at cs@mixcarehealth.com. Upon our receipt of your notification, your membership will last till the end of the current billing cycle and you will not be billed in the following billing cycle. Please also note that it would take 5 days to proceed with your request.

11. INFORMATION PROVIDED TO US

Upon registering on the Platform, Consumers will be prompted to disclose certain information about yourself and your service request, while Wellness providers will be prompted to disclose certain personal information and information about your expertise. You will be able to store some of the information on the Platform. Some of the information provided will be shared with other Users. By providing the information to the Platform, or by submitting a service request, you expressly request and expressly consent to being contacted by us and by Wellness Providers via phone, email, mail text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, in order that the Company may perform its role of connecting Consumers with Wellness Providers, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For more information on our use of your information, please refer to our Privacy Policy.

By completing a service request, Consumers promise that all information provided (including but not limited to your contact information, and any Ratings and Reviews of Wellness Providers that you provide) will be accurate, current and truthful to the best of your knowledge. By registering as a Wellness Provider, Wellness Providers are obliged to ensure that the information provided is accurate, current and truthful to the best of their knowledge during the term of this registration. If you provide any information that is untrue, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of the Platform (or any portion thereof) by you.

To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to the company and its Wellness providers, and its Consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, the Company reserves all rights to penalize users for providing falsified information on the Platform, and/or to require these Users to pay for the actual, direct, punitive and consequential damages, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, whichever is greater.

12. CONTACT BETWEEN THE COMPANY AND ITS WELLNESS PROVIDERS WITH CONSUMERS

12.1 SMS Messaging

After notifying a Wellness provider and submitting a service request, users agree that the Company and its Wellness Providers may send you informational text (SMS or Whatsapp) messages as part of the normal business practice of the Company. These text (SMS or Whatsapp) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by contacting the Company at +852 2323 3132. You acknowledge that by opting out of receiving text (SMS or Whatsapp) messages from the Company and its Wellness Providers, your use of the Platform may be impacted.

12.2 Email

Likewise, by submitting a service request, users agree that the Company and its Wellness Providers may send you emails as part of the normal business practice of the Company. These emails may be used as part of the normal business practice of the Company, including but not limited to, marketing, relationship communications and transactional confirmations. Users can choose to opt-out of receiving marketing emails. For more information, please refer to our Privacy Policy.

13. DISPUTE RESOLUTION ASSISTANCE

While we cannot guarantee the work performed by a listed Wellness Provider, and while we have no obligation to you with regard to your relationship with a Wellness Provider, the Company may, upon your request, provide limited assistance in resolving disputes between you and a Wellness Provider. You must participate and use good faith efforts to resolve problems through the Company resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms and Conditions.

14. USER GENERATED CONTENT

You agree that all of the content and information posted by you or your agents or designees, with the exception of certain Personal Data as specified on our Privacy Policy, on the Platform, including but not limited to:

Ratings & Reviews,

Photographs or Images,

Comments, Questions and/or Answers,

Any other content (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential.

You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.

14.1 Grant of License

You hereby grant the Company and its users an irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertisements near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Platform in any manner that we deem appropriate or necessary, including, if submitted, your name, and likeness throughout the world. Users agree that the licence granted to the Platform shall be perpetual, and shall not be affected by the termination of the Platform or their account.

14.2 Representation of Ownership and Right to Use Content

By posting or providing any Content to the Company, you represent and warrant to the Company that you own or have all necessary rights to use the Content, and grant to the Company the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.

14.3 Content Guidelines

The Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on the Platform, at any time and without prior notice, if the Company determines (in its sole discretion) that such content contains or features any of the following:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g. racist/discriminatory speech);

References to illegal activity;

Language that violates the standards of good taste or the standards of the Platform;

Statements that are or appear to be false;

Comments that disparage the Company.

With respect to Ratings and Reviews of Wellness Providers, all of the above and in addition the following:

Reviews that do not address the services of the Wellness Provider or reviews with no qualitative value (e.g. “work has not started yet”)

Comments concerning a different Wellness Provider.

Information not related to work requested in the service request.

If a dispute arises between a Consumer and Wellness Provider, the rating submitted may be held in pending status until resolution is reached. Consumers represent and warrant that any Rating and Review provided is accurate and truthful, and that they will only provide a Rating and Review for a Wellness Provider that has performed Wellness Services for them pursuant to their applicable service request.

14.4 COPYRIGHT AND TRADEMARK POLICIES

Dispute on Copyright and Trademark: You agree to abide by our Copyright Infringement Policy on notifying us if there is any User Content that are in copyright and trademark disputes. You agree that we may send any notices sent in accordance with our Copyright Infringement policy to users who uploaded the User Content at question.

14.5 COPYRIGHT INFRINGEMENT POLICY

MixReward does not tolerate anyone that abuses other’s intellectual property. Please let our Customer Service Team know if you believe MixReward has infringed your trademark or copyright. Please send us an email with the following information:

Identify the trademarked or copyrighted work that you believe is infringed

Identify the allegedly infringing content/information that can allow MixReward to locate it on their website/APP (ex. URL)

Proof that the use of the content indicated above was not authorized by the trademark/copyright owner or its agent.

You declare that the information you have provided is accurate and that you are the trademark/copyright owner or authorized to represent the owner.

Your address, telephone number, email address, and your electronic or physical signature

15. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively, “Proprietary Material”) that users see or read through the Platform is owned by the Company, excluding user-generated content that the Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the Copyright Ordinance of Hong Kong SAR, Chapter 528 of the Laws of Hong Kong SAR (the “Ordinance”), where practicable as amended. The Proprietary Material is protected by domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without the Company’s express prior written consent and, if applicable, the holder of the rights to the user generated content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and, if applicable, the holder of the rights to the user generated content.

The service marks and trademarks of Company, including without limitation the Company and the Company logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

16. Wellness PROVIDERS PRE-SCREENING PROCEDURES AND DISCLAIMERS

While the Company takes certain steps to verify the identity of Wellness Providers, such verification is based on the information provided to us by Wellness Providers. Thus, we cannot confirm that Wellness Providers are who they claim to be and, we cannot and do not assume any responsibility for the accuracy or reliability of the identity or background check or any information provided by Wellness providers themselves. Additionally, the aforementioned screening procedures are performed solely at the time the Wellness Providers register on the Platform, and the information provided may change and expire over time. While we require Wellness Providers to provide updated, current and accurate information in their profiles, we are under no obligation to update or to ensure that the information provided by Wellness providers are accurate, current, and truthful. Consumers are advised to verify that information presented in the professional profile before hiring them.

DISCLAIMER: THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, RELATING TO THE SCREENING PROCESS, PROCEDURE, OR INFORMATION OBTAINED OR PRESENT IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

17. RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANY

All Ratings and Reviews of a Wellness provider displayed reflect the opinions of other Consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Platform or the materials contained therein.

18. ARTICLES AND OTHER CONTENT

The Company provides content relating to the services offered by Wellness Providers in the Platform. Such contents are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

19. LINKS TO THIRD PARTY SITES

Links (such as hyperlinks) provided on the Platform do not constitute the endorsement by the Company of those sites or their content. Such links are provided as an information service, for reference and convenience only. The Company does not control any such sites, and is not responsible for their content, or any changes or updates to such sites. The existence of links on the Platform to such websites (including without limitation external websites that are provided by Wellness providers, as well as any advertisements displayed in connection therewith) does not mean that the Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the Terms and Conditions of use and privacy policies for those websites, and not by the Company’s Terms and Conditions or Privacy Policy. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Platform.

20. DISCLAIMER OF WARRANTIES

20.1 Use of the Platform is entirely at Users’ own risk.

The Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Except as expressly set forth herein, the Company expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose. The Terms and Conditions will insure to the benefit of the company’s successors, assigns and licensees. If any provision of these terms and conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of the company to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in the terms and conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions constitute the entire agreement between you and the Company, and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

20.2 No joint venture, agency, or employment

Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of the Company. You acknowledge that we do not supervise, direct, or control a Wellness Provider’s work or Wellness Services performed in any manner. Wellness Providers may voluntarily wear a Company uniform or other Company badges purely for the purpose of identifying themselves as a service person contacted through the Platform or advertising and promotion service in exchange for monetary benefits. You understand and agree that if we are found to be liable for any claim in connection with your use of Wellness Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon. You further agree to indemnify, hold harmless and defend us from any and all claims that a Wellness Provider was classified as an independent contractor or an employee, any claims that we were an employer or joint employer of a Wellness Provider, and any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, overtime pay, MPF, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, or any other employee benefits.

21. EXEMPTION AND LIMITATION OF LIABILITY

You acknowledge and agree that the Company is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold the Company, its affiliates, its licensors, its clients in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate clients, or users liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by the company or its affiliates or licensors and any destruction of your information.

Under no circumstances will the Company, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same.

The Company does not accept any liability with respect to the quality or fitness of any work performed via the platform.

If, notwithstanding the foregoing exclusions, it is determined that the Company or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate clients, or users is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the company during the six (6) months prior to the time such claim arose.

22. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and costs incurred, in connection with (i) your use or inability to use the Platform, in connection with the Platform, with regard to any dispute between you and a Wellness provider, or your violation of these Terms and Conditions, or arising from your violation of any rights of a third party. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.

23. Changes to these Terms and Conditions

23.1. Changes to this Program

We have the sole discretion to, in whole or in part, with or without notice, at any time

unilaterally:

change any aspect of MixReward including its ownership, management, structure, MixCare membership fees, membership status options and membership levels, benefits, products and services, rules, procedures, conditions of participation, identity and range of partners, incentives, discounts, eligibility requirements and features including these Terms and Conditions and any other terms and conditions communicated in any other materials relating to the Program; and
terminate, suspend, cancel or revoke MixReward and MixCare Memberships.

Any revisions of the Terms and Conditions shall be effective as at the date of publication on the website. By continuing to be a member of MixReward, you unequivocally accept the applicable Terms and Conditions as amended from time to time.

23.2. Termination by MixReward

We have the sole discretion to, in whole or in part, with or without notice, at any time unilaterally terminate your membership. Without limiting this, we may terminate your membership if:

we suspect you have used your MixReward membership for illegal purposes, in any manner that is inappropriate, likely to offend others or is fraudulent; you have breached these Terms and Conditions; or where there is a benefit associated with your membership and you choose to terminate your contract with us.

23.3. Termination by you

You may terminate your MixReward membership by notifying us on our portal. You can also email us at cs@mixcarehealth.com or fill in the termination form. Upon our receipt of your notification, your membership will last till the end of the current billing cycle and you will not be billed in the following billing cycle. Please also note that it would take 5 days to proceed with your request.

In the event you choose to terminate your MixCare membership, note that such termination may not release you from the performance of any other agreement, obligation or liability on your part with or owed to any other 3rd party. MixReward shall bear no responsibility in communicating your termination to such 3rd parties.

In the event you terminate your MixCare membership and wish to re-apply for membership, we have the sole discretion in determining whether we accept your application.

23.4. Termination upon demise

Membership will automatically be terminated in the event of a member’s demise.

23.5. Consequences of termination

If your membership is terminated for any reason:

you will no longer be entitled to use your membership, use the Benefits, Services, Products or Membership Portal;
save for termination under clause 5.4, any rights that have accrued to either you or us under these Terms and Conditions at the date of termination will remain enforceable after termination; and
your rights and obligations vis-a-vis other third parties (including our partners which provide the Benefits, Services, Products and which collect membership fees on our behalf) that have accrued to either you or the third parties will remain enforceable after termination (if applicable).

24. ARBITRATION

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre (HKIAC). The place of arbitration shall be in Hong Kong at HKIAC. There shall only be one arbitrator. The languages to be used in the arbitral proceedings shall be English and/or Chinese.

25. GOVERNING LAW

This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China. The Hong Kong courts are to have non-exclusive jurisdiction to settle any disputes or claims which may arise out of or in connection with this Agreement for which purpose each party agrees to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China.

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MixCare Health HealthCoin & HealthCoin redemption code Terms and Conditions:

1. MixCare HealthCoin and HealthCoin redemption codes are only applicable to MixCare direct sales customers, customers participating in employee benefit plans or MixCare channel customers.

2. HealthCoin exchange rate: 1 HealthCoin = HKD 1

3. The remaining HealthCoin on each purchase on the MixCare Heath platform can be used for the next purchase.

4. Each user can redeem the reward unlimited times based on the remaining spend.

5. Members may make additional credit card (Visa/Mastercard/American Express) purchases on the MixCare Health platform at any time and upon their own needs.

6. HealthCoin and HealthCoin redemption codes are non-exchangeable to cash, non-refundable and non-transferable.

7. HealthCoins are calculated based on the system records of the MixCare Health platform. MixCare Health platform shall bear no legal liability and participants must not object if there is any lost, inaccurate, unidentifiable, damaged or invalid information registered by the participants due to technical problems, including but not limited to any computer, internet network or mobile phone problems.

8. Fraud and abuse will result in forfeiture of the Customer’s eligibility to participate in the promotion. MixCare Health further reserves the right to cancel the HealthCoin awarded under this promotion from the user’s wallet without prior notice.

9. If there is inconsistency between the English and Chinese versions of these terms and conditions, the English version shall prevail.

10. MixCare Health reserves the right to vary and terminate the above offers at any time and amend these Terms and Conditions without prior notice.

11. In case of any disputes, MixCare Health reserves the right to the final decision.

12. These terms and conditions are governed by and shall be construed in accordance with the laws of Hong Kong. The Participants and the Company hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

13. For inquiries, please contact MixCare Health customer service at cs@mixcarehealth.com or (852) 6779 5483 (Whatsapp).

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