• Tree3 Health

General Terms of Service

Updated: Feb 1

Effective Date: Feburary 1, 2021

Posted Date: Feburary 1, 2021


Tree3 Health Terms and Conditions

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 collects users’ health-related data and provides data visualizations and analyses based on various inputs to offer users a better understanding of their own health status. Tree3 Health aims to be a full-cycle health service experience by connecting users to various allied health service providers by monitoring users’ general health risks and other lifestyle indicators such as diet, exercise, blood pressure, blood sugar, and drug compliance. For instance, it introduces a health profile and computes a health index derived from the users’ BMI, chronic illnesses, alcohol and smoking habits, and family medical history. 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 app.

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.

3. Registration

3.1

To access the services, you must register as a User on the Tree3 Health App. The Tree3 Health App will be available for download from App Store and 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. 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. 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. 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. 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 that facilitates the provision of healthcare data services to eligible Users. It is a health “passport” that enables the users to see their health and behavioral data inputs and analyses in one app.

4.2

We provide our services using our App. Our services include:

(a) the functions to describe the health trends after users provide their records including but not limited to blood pressure, medication profile, exercise, food intakes and calories;

(b) the ability to record the name of the medicine, the amount per unit, the dosage, the way to use it, and the amount to take on the medicine bag;

(c) the ability to record the food calories, labelling of Medicine Bag and Medicine through capturing image of food or labels of Medicine Bag by the users;

(d) the ability to provide a platform for users to search their contact person who used Tree3 Health;

(e) access to healthcare records we hold;

(f) access to other digital healthcare tools that provide health and lifestyle information; and

(g) the ability to generate indexes to reflect your health condition according to the data and information inputs.

4.3

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 App is accurate and in English or Chinese;

(b) if you have any concerns about the information we provide you or any information in the App, you should seek further medical advice;

(c) you follow any instructions regarding the use of any medicines or healthcare products (including in respect of use-by dates);

(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.

4.4

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 Health service.

4.5

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. Records

5.1

Tree3 Health is an information and educational tool to help you understand risk rates for certain health conditions based on the data inputs. It may provide information on factors which are known generally to help achieve a healthy lifestyle.

5.2

The records in the Tree3 Health App are created to store and provide access for you to your information relating to your use of Tree3 Health, which may include but not limited to demographic information, vital signs and diet records. Any such records are for your reference only.

5.3

By completing and submitting the records, our app provides indexes based on general statistical information of health conditions. Neither the index, nor other outputs from Tree3 Health, constitute medical advice, diagnosis or acts as a substitute for a doctor.

5.4

Indexes are produced on the basis of information you enter only and are based on general statistical information and risk factors only. Indexes are responsive to information entered, but are not personalised to you. We will not be able to provide information on risk factors which are not entered.

5.5

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.

5.6

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.

6. Our Rights

6.1

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.

6.2

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.

6.3

If your registration with Tree3 Health is cancelled or your Tree3 Health account terminated, you may no longer have access to our services.

6.4

You acknowledge and agree that Clauses 6 (Our Rights), 8 (Third Party Providers), 10 (Indemnities), 11 (Limitation of Liability) and 15 (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.

7. Your use of Tree3 Health

7.1

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 App, the server or any services under Tree3 Health, and/or prepare derivative works based on the Tree3 Health App 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.

7.2

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 App) 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 App 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 App and the Server;

(l) to download, copy, store, rip, distribute, share or re-direct any part of the Tree3 Health App 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 App 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 App and the Server.

7.3

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.

8. Third-Party Providers

8.1

You acknowledge that the services of Tree3 Health are contributed, provided and/or maintained by Third Party Providers.

8.2

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.

9. Personal Data

9.1

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 App, and the “Tree3 Health Privacy Statement” (available at Tree3 Health App and Tree3 Health Ltd website).

10. Indemnities

10.1

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 condition 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.

11. Limitation of Liability

11.1

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.

11.2

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.

11.3

Tree3 Health Ltd endeavors to provide a convenient and functional Tree3 Health App, but does not in any way guarantee that the Tree3 Health App or the Server will be error-free or continuous or that the Tree3 Health App or the Server is free of viruses or other harmful components.

11.4

Tree3 Health Ltd does not in any way guarantee the quality of the photo via the Tree3 Health App, as the same will be dependent on various factors, such as the User’s hardware, Internet connection status etc.

11.5

Although Tree3 Health Ltd will use reasonable endeavors to maintain the Tree3 Health App, it does not undertake to provide support or maintenance services for the Tree3 Health App.

11.6

If your use of the Tree3 Health App 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.

12. Modification of Terms

12.1

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.

13. Privacy Policy

13.1

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.

14. Languages

14.1

In case of discrepancies between the English and Chinese language versions of this policy, the English version shall prevail.

15. General Terms

15.1

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.

15.2

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.

15.3

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.

15.4

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 313, Yip Fung Building, 2-18 D’Aguilar Street, Central, Hong Kong


Last update: 31/01/2021