Applied Technology Group Limited
Terms and Conditions - Website and Mobile App
Terms of Use
Welcome to the website or Mobile App Health•Me2 of the Applied Technology Group Limited. The terms "we", "us", "our", "ours" and “our Group” when used in these Terms of Use mean Applied Technology Group Limited (ATG) and its holding company, subsidiaries, affiliate and related companies. The terms "you", "your" and "yours" when used in these Terms of Use mean any user of our website and Mobile App.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE AND / OR MOBILE APP. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE OUR WEBSITE AND / OR MOBILE APP.
1. Agreement
1.1 By accessing our website and / or Mobile App, you agree to be bound by these Terms of Use. You also acknowledge that you have read and understood the terms of our Group's Privacy Policy Statement and that you agree with it. The Privacy Policy Statement is hereby incorporated into and made part of these Terms of Use. Access to and use of our website and / or Mobile App and the information, materials, products and services available through our website and / or Mobile App are subject to all applicable laws and regulations and to these Terms of Use.
1.2 Note that special terms and conditions apply to services accessible on our website and Mobile App. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use, and in case of a conflict, prevail over these Terms of Use.
1.3 These Terms of Use, our Group's Privacy Policy Statement and the special terms and conditions which are hereby incorporated as if set forth fully herein, represent the complete agreement between you and us concerning your use of our website and / or Mobile App.
1.4 We may from time to time make changes to these Terms of Use without notice to you. The latest Terms of Use will be posted on our website and Mobile App, and you should always review these Terms of Use prior to using our website and / or Mobile App to ensure that you have a current understanding of the Terms of Use under which you are permitted to access our website and Mobile App. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use to you by e-mail upon request. You will be legally bound by the updated or amended Terms of Use from the first time that you use our website and / or Mobile App after we put the changes on-line.
1.5 Note that nothing on our website and Mobile App constitute an invitation or offer by ATG or any of its subsidiaries to invest or deal in securities or shall be relied upon in connection with any investment decision.
2. Member's Account
2.1 If you are a member of specific service/program provided by us, you may login your member's account ("Member's Account") and access the relevant functions on our Mobile App.
2.2 As your login name and password are the means by which we identify you and by which you may access your Member's Account on our website and Mobile App, you should keep them secure. You are fully responsible for all activities that occur under your login name and password, whether by you or by anyone else using your identity. You agree to notify us immediately if you suspect that your login name and password have been used by a third party.
3. Data Privacy
Any personal data (as defined in our Group's Privacy Policy Statement) you supply to us when you use our website and / or Mobile App will be used in accordance with our Group's Privacy Policy Statement.
4. Your Obligations
4.1 You agree to use our website and / or Mobile App for personal and non-commercial use only and shall not post or transmit through our website and application any material which violates or infringes in any way upon any intellectual property rights, proprietary rights or confidentiality obligations of others; which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. In particular, you agree not to upload or transmit through our website and Mobile App any malware, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a device. We reserve the rights from time to time, without notice, to access your Member's Account or to observe and record your access to and use of our website and / or Mobile App to determine if you are complying with these Terms of Use.
4.2 You agree to comply with all applicable laws, statutes, ordinances and regulations ("Applicable Laws") regarding your use of our website and / or Mobile App. You recognise the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
4.3 You agree that you shall at all times provide true and accurate details in all registration/application/enquiry forms/ bookings you submitted to us on our website and Mobile App.
4.4 You agree to indemnify and hold us and our respective officers, directors, agents and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all reasonable legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms of Use and/or your use of our website and / or Mobile App. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
5. Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, our website and / or Mobile App or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our website and / or Mobile App or any part thereof.
6. Health Manager
6.1 When using the Mobile App, we expect the health, fitness or nutritional data you enter in the Mobile App to be accurate and true to the best of your ability. You acknowledge and agree that:
(a) You will not knowingly falsify any health metrics, fitness activities or nutritional information such as steps, weight, BMI, calories burned or location.
(b) You agree that if you have knowingly falsified any data, we may reserve the right to cancel any points earned through such means.
(c) The use of Service is not suitable for medical emergencies, urgent medical situations or symptoms requiring immediate medical assistance. If you are/have been experiencing symptoms which would require emergency services or immediate medical attention, which may include, without limitation:
- Choking;
- Speech difficulty;
- Suicidal or homicidal thought;
- Breathing difficulty;
- Chest pain;
- Severe bleeding;
- Seizures;
- Loss of consciousness;
- Head or spinal injury;
- Weakness in arm or leg;
- Broken bones;
- Severe pain; and/or
- Other serious medical or similar symptoms,
please do not use the Service. Depending on your conditions, you should seek urgent medical assistance or seek advice from a medical practitioner in person.
7. Price and Payment
7.1 You agree and undertake to pay all fees or charges to us for the use of services under Applied Technology Group Limited in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
7.2 You authorize Applied Technology Group Limited to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required.
7.3 If you do not pay any fee or charge when due, we are, without prejudicing any other rights we may have, entitled to charge you interest for the overdue amount at an interest rate equal to two (2)% per annum above the Hong Kong dollar best lending rate as quoted by The Hongkong and Shanghai Banking Corporation Limited from time to time until full payment is made.
7.4 If you do not pay any fee or charge when due, we may instruct a debt-collection agency to collect the payment on our behalf, and you will be liable for any costs and expenses which we may have reasonably incurred for engaging such agency for the payment collection.
7.5 We may from time to time modify the fees or charges in relation to the services under Applied Technology Group Limited, including but not limited to healthcare service, hardware cost and delivery services, etc. but this will not affect the service you have already ordered.
7.6 Except in the event of manifest error on our part or as otherwise expressly provided in these Terms & Conditions, all payments made to us shall not be refunded to you in any event.
8. Panic Button
User is responsible for providing the correct wireless number for an active wireless account with a participating provider. User is responsible for the financial responsibilities of the wireless account through which the Services are being accessed, under the User's own arrangements with the wireless provider. User acknowledges that standard text messaging rates and other charges may be charged to User for such access. ATG is not responsible for Users claiming that they did not authorize the use of their wireless cell phone for these Services. User is solely and fully responsible for all claims arising from User's use of the Service by persons or entities claiming that they did not authorize the use of their wireless account to receive text messages or persons or entities claiming they did not authorize the use of their wireless account to be charged.
If SMS, or any component part of SMS, experiences any interruption which temporarily prohibits a User from accessing the service, it remains the responsibility of the User to pay by using existing methods.
9. Links to Third Party Websites
We may provide links to other sites or resources maintained by unrelated companies and persons ("Linked Site(s)") on our website. We do not monitor the contents of the Linked Sites and have no control over the Linked Sites. We are not responsible for the content or material of any Linked Site or any links contained in a Linked Site, or any changes or updates to such Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Your access and use of such Linked Sites remains entirely at your own risk and you agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
10. No Medical or Healthcare Advice
Any healthcare service provided by our service provider(s) on our website and Mobile App is for reference or educational purposes only and we do not warrant that such information will meet your health or medical requirements. Furthermore, our website and Mobile App are NOT intended for use in diagnosing or treating medical or health conditions, and is NOT a substitute for qualified professional medical or healthcare advice and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.
11. Disclaimers and Limitation of Liability
11.1. Our website and Mobile App provide general information about the Applied Technology Group Limited and its various services and activities. Whilst we have endeavoured to provide such information, features or other content on our website and Mobile App current as at the date of publication and accurate, they are provided without warranties or representation of any kind (express or implied). In particular, no warranty or representation, express or implied, regarding accuracy, adequacy, completeness, timeliness, non-infringement, reliability, freedom from malware, security, merchantability or fitness for a particular purpose, that materials on our website and Mobile App are appropriate or available for use in any other jurisdictions is given in conjunction with such information, material or service. You agree that your use of our website and / or Mobile App is entirely at your own risk and it is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions and other material on our website and Mobile App or any Linked Sites.
11.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLIED TECHNOLOGY GROUP LIMITED EXCLUDES ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM OR ARISING OUT OF YOUR USE, OR THE INABILITY TO USE OUR WEBSITE AND / OR MOBILE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT APPLIED TECHNOLOGY GROUP LIMITED IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING ON OR THROUGH OURWEBSITE AND MOBILE APP.
11.3 Without limiting to any other provision of these Terms of Use, to the extent that any liability cannot be excluded, the entire liability of the Applied Technology Group Limited is limited to the re-supply of the unsatisfactory services provided herein.
11.4 Nothing in these Terms of Use shall exclude or limit the liability of the Applied Technology Group Limited for:-
(a) death or personal injury caused by negligence;
(b) fraud;
(c) misrepresentation as to a fundamental matter; and
(d) any liability which cannot be excluded or limited under Applicable Law.
12. Intellectual Property
All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through our website and Mobile App (collectively the "Content") are our properties or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. We and/or our licensors own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may only download and print the Content for the use specified herein or for your personal and non-commercial use. You have no rights in or to the Content. Except as expressly provided herein, you may not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part without our written authorization.
13. Termination
We may terminate your access to and use of all or part of our website and / or Mobile App with or without notice to you.
14. Law & Jurisdiction
14.1 Our website and Mobile App are controlled by ATG from its offices in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Access to, or use of, our website and Mobile App or information, materials, products and/or services on our website and Mobile App may be prohibited by law in certain countries or jurisdictions. We make no representation that the information contained herein is appropriate or available for use in other locations.
14.2 These Terms of Use and all matters relating to your access to, and use of information on our website and / or Mobile App shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
15. General Provisions
15.1 If any provision of these Terms of Use is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
15.2 Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
15.3 Notices served in relation to these Terms of Use shall be in writing and may be served by post or e-mail.
15.4 In these Terms of Use, unless the context otherwise requires:-
(a) the heading used in these Terms of Use are for convenience only and shall not in any way affect the construction or interpretation hereof;
(b) words and expressions importing the singular include the plural and vice versa;
(c) words and expressions importing one gender include both genders and the neuter; and
(d) references to paragraphs, are references to paragraphs in these Terms of Use.
16. Contacting us
16.1 If you have any questions regarding these Terms of Use or any other consumer or technical matters, you may contact us by writing to Applied Technology Group Limited, Unit A, 8/F, Eton Building, 228 Des Voeux Road, Central, Hong Kong or by e-mailing us at info@ATG.ai or by calling our Customer Service Hotline at (852) 2122 9556 We will endeavour to respond promptly to all communications.
