The terms and conditions (“Agreement”) in connection with the E-Wellness ID services are entered into between you (or “User”, which refers to an individual or organization that registers, logs in, uses and browses the service) and E-Wellness ID website, E-Wellness ID WeChat public platform and in-app applets, E-Wellness ID app and payment tools, (“E-Wellness ID” or “E-Wellness ID Platform”).
E-Wellness ID particularly reminds users to read and fully understand the terms of this Agreement, including the exemption or limitation of E-Wellness ID’s liability and the limitation of the user’s rights. Please read carefully and check to accept or not to accept this Agreement (a minor should be accompanied by his/her legal guardian to read). Unless you accept all the terms of this Agreement, you are not authorized to register, log in or use the services covered by this Agreement. Your actions such as registration, login and use will be deemed to be your acceptance of this Agreement and agreement to be bound by each of its terms.
Your acceptance of this Agreement shall mean that your willingness to be bound by all the terms hereunder, including any modification at any time made by E-Wellness ID of any service terms. This Agreement may be updated from time to time by the E-Wellness ID. The updated terms shall be notified to you through platform publication or other ways. Once published, the earlier version shall be superseded. After the modification of the relevant terms of this Agreement, if the user does not accept the modified terms, please immediately stop using the services provided by the E-Wellness ID. Any continual use of the services provided by the E-Wellness ID shall be deemed to be acceptance of the modified agreement.
You do not need to register an account to browse E-Wellness ID platform. However, some functions, products, programs and services require you to register for an E-Wellness ID account. If you wish to use more functions of the E-Wellness ID platform, products, programs and services, you must register with the corresponding account and provide relevant personal information on the registration page. You may terminate your account at any time in accordance with the instructions of E-Wellness ID platform, in which case we shall retain or terminate your account in accordance with the terms of this Agreement.
You must undertake and guarantee that:
you shall take full responsibility for the authenticity, legality and validity of the registration information and shall not use pseudonyms, release any information in the name of others or use the registration account maliciously to misrepresent other users. Otherwise, we shall have the right to immediately stop providing services and you shall bear all legal liabilities arising therefrom.
You must use the E-Wellness ID platform, products, programs and services legally, and be liable for all actions under your registered account, including any content you publish and any results arising therefrom. You shall only make your own judgment on the content and bear all risks arising from the use of the content, including the risks arising from the reliance on the correctness, integrity or practicability of the content. E-Wellness ID cannot and shall not be liable for any losses or damages caused by your behavior.
you shall keep your login information confidential and prevent it from being obtained and used by others. You shall be liable for all your actions under your account of E-Wellness ID platform. You must notify us immediately of any possible violation of the law, unauthorized use or suspected unauthorized use, in which case we shall not be liable for any losses caused by your failure to comply with the same.
any information which you publish on E-Wellness ID platform shall be public information, which any third parties can obtain and publish in the same way. You shall deem the information to be public when publishing such information and bear legal responsibilities for such behavior. You shall not publish on the platform any information which you merely wish to keep to yourself.
You must understand and confirm that:
in light of business development, we have the right to change, suspend, restrict, terminate or cancel our services at any time without notice for part or all of our service for which you shall bear the resulting risk.
our services may include advertisements or other activities. When using our service, you agree to display such advertisements or activities provided by us, our affiliates, third-party suppliers or partners.
we shall have the right, at our sole discretion, to stop publishing any content for any reason violating relevant laws and regulations or this Agreement, infringing on or threatening the rights or safety of any individuals, or using pseudonyms. We shall have the right to take legal action against any person in violation of this Agreement at our sole discretion, including without limitation removing illegal, infringing and improper content from our services, terminate the membership of violators, prevent them from using all or part of our services, retain such information in accordance with law and report it to the competent authorities.
some of our products and services can only be used when you are connected to the Internet. You shall bear such communication and information expenses to be charged by any third parties.
The user content refers to all content (such as your information, images or other content) generated when the user downloads, publishes or otherwise uses E-Wellness ID products, programs and services. You are the only individual liable for your user content and shall bear the risk that you or any third party may be identified as a result of disclosing your user content.
When you use the user content of your products, programs and services of the platform and E-Wellness ID by uploading, publishing or other means, you automatically authorize us and undertake and guarantee that you have such right to authorize us an irrevocable, non exclusive, royalty free global license for:
copying, distributing, displaying, producing derived works and incorporating them into other works or otherwise using your user account (excluding your personal information) for purposes of providing you with the platform and the products, programs, services or improving the platform and the products, programs, services as well as granting the transfer license for the above matters;
copying and distributing personal information in your user content only for purpose of providing personal information to the target recipient; and
You agree to an irrevocable, waived (caused to waive) statement regarding the moral rights and attribution of your user content.
User Rights and Responsibilities
The right to use the platform legally;
The right to download, install and use the E-Wellness ID products, programs and services on all your mobile devices;
E-Wellness ID shall own the account of E-Wellness ID. Account security forbids using others’ mobile phone number and email address to register an E-Wellness ID account. Upon completing the registration, you will obtain the right to use an E-Wellness ID account, which shall be owned by the initial applicant only and which shall not be gifted, lent, rented, assigned or sold. If necessitated by commercial reasons, E-Wellness ID shall have the right to recover a user’s account number;
You shall be responsible for the security of your registered account information and password and shall bear legal responsibility for any activity under your registered account and password. You agree not to use the accounts or passwords of other members under any circumstances. When you suspect that someone else is using your account or password you agree to notify immediately E-Wellness ID.
Limitation of Rights:
You shall not license, sell, lend, assign, distribute or engage in other commercial purposes for the content of E-Wellness ID platform or its products, programs, services (including without limitation the advertisements or sponsorship in the products);
You shall not access the platform or use E-Wellness ID products, programs and services for purposes of creating the same or competitive services;
Unless otherwise expressly provided by law, you shall not copy, distribute, reprint, download, display, post, modify, translate, merge, utilize, decompose or reverse-compile any part of the platform or E-Wellness ID products, programs, services (including without limitation content, advertisements or sponsorship in the products) in any form or method;
You have agreed to upload, release or use the platform or E-Wellness ID products, programs and services in other ways. When using them, you shall bear all legal liabilities arising from illegal behaviors;
You have agreed not to engage in the following activities on the platform or by using the products, programs and services of E-Wellness ID:
upload or release computer viruses, worms, malicious codes, software that intentionally corrupt or alter computer systems or data; and
collect other users’ information or data (e.g. email address) without authorization;
Disable the network connection of the platform to cause excessive burden to the platform or otherwise interfere with or corrupt the website server and network link; attempt to access the platform, server or network link of the platform without authorization; and
Interfere with or corrupt other users’ normal use of the platform or E-Wellness ID products, programs and services.
You have agreed to innocuously use the platform and E-Wellness ID products, programs and services to avoid any complaints, lawsuits, losses, damages, liabilities, costs and expenses (including without limitation attorney fees) from a third party due to the following or related behaviors: your use of the platform and E-Wellness ID products, programs and services; your user content; or your breach of this Agreement.
User content refers to all content (e.g. your information, images or other content) generated when the user downloads, publishes or otherwise uses the platform and E-Wellness ID products, programs and services. You shall be the only individual liable for your user content and shall bear the risk that you or any third parties may be identified as a result of disclosing your user content.
Unless you have obtained the written consent of E-Wellness ID, you have agreed that you shall not unilaterally settle a lawsuit (if any) jointly filed by you and E-Wellness ID against a third party; E-Wellness ID shall use its reasonable efforts to notify you of such lawsuit, action or process.
Under no circumstances shall E-Wellness ID be liable to you or any third party for any indirect, consequential, punitive, incidental, special or punitive damages arising out of this Agreement. You shall bear the risk of your computer system or mobile device database being corrupted by accessing and using the platform and E-Wellness ID products, programs and services.
E-Wellness ID shall not be liable for any losses caused by a force majeure event.
E-Wellness ID shall not be liable for the outbreak of any of the following circumstances:
provide your personal information as required by law or relevant government departments;
disclose any personal information or enable to use E-Wellness ID platform due to your improper use or other reasons;
service interruption and obstruction caused by the nature of network service, such as failures of domestic and foreign basic telecommunication operators, computer or Internet related technical defects, Internet coverage restrictions, computer viruses, hacker attacks and other factors, and other unforeseen, unavoidable and insurmountable objective conditions within the legal scope;
risks arising from the use of information containing threat, defamation, objectionable or illegal content that may be anonymous or pseudonymous from others;
any psychological and physical injuries and economic losses caused or potentially to be caused by misleading or cheating when a user interacts with other users through the platform or E-Wellness ID products, programs and services; and
the platform and E-Wellness ID products, programs and services expressly declare that they do not guarantee the timeliness, safety and accuracy of E-Wellness ID or its partners’ services by explicit, implicit or any form of expression.
any content published by a user on this platform shall not represent and reflect any opinion or policy of E-Wellness ID for which E-Wellness ID shall not be liable.
under no circumstances shall E-Wellness ID be liable for any indirect, consequential, punitive, incidental, special or punitive damages, including without limitation the following circumstances:
any economic loss caused by the user’s use of E-Wellness ID service;
any losses caused by any third parties’ (including without limitation medical personnel or representatives of medical institutions) inability to normally access the user’s information in E-Wellness ID when the user loses the capacity to act;
any losses caused by the lack or instability of network connection and the inability to obtain the user’s information from E-Wellness ID; and
notwithstanding anything to the contrary stated in this Agreement, our entire liability to you, for whatever reason or in whatever manner, shall not exceed the fees (if any) you have paid to use E-Wellness ID services during the registration period.
The information published by a user on E-Wellness ID platform shall not infringe the intellectual property of any third parties. Without the prior written consent of the relevant owner, the user shall not upload, publish, modify, disseminate or copy any copyrighted materials, trademarks or proprietary information belonging to other people in any way. If we receive appropriate notice from any copyright owner or his/her legal representative, we will review and remove such infringing content.
The graphics, characters or their composition as well as other E-Wellness ID marks, products and service names involved in E-Wellness ID services are trademarks of E-Wellness ID. Without the prior written consent of E-Wellness ID, users shall not display or use E-Wellness ID logo in any way or conduct any processing, and no entities or individuals shall use, copy, modify, disseminate, record or bundle with other products any part of the trademark in any way or for any reason.
This Agreement may be modified. If there is any material change to this Agreement, we shall notify you through your contact information or an announcement on this platform. After the modification, the continued use of the platform and E-Wellness ID products, programs and services shall be deemed your awareness of such modification and your agreement to be bound by the terms;
E-Wellness ID reserves the right to modify, retain or shutdown the platform and E-Wellness ID products, programs or any services at any time without prior notice; and
You have agreed that E-Wellness ID shall not be liable to you or any third party for any modification, retention or shutdown of the platform and E-Wellness ID products, programs or other services.
This Agreement shall come into force on the date of your acceptance, and shall continue to be valid during the time of your use of the platform and E-Wellness ID products, programs and services until it is terminated in accordance with the relevant provisions hereunder.
Notwithstanding the above, if you use the platform and E-Wellness ID products, programs and services earlier than your acceptance of this Agreement, you shall understand and agree that this Agreement shall come into force when you first use the platform and E-Wellness ID products, programs and services, unless it is terminated in advance in accordance with the relevant provisions hereunder.
We may: in accordance with law, reserve your right to use the platform, E-Wellness ID products, programs, services or your account of the platform; whether or not notified, we shall terminate this Agreement at any time and for any reason, including believing in good faith that you have violated our policies or other provisions of this Agreement.
Without being restricted by the provisions of the preceding paragraph, if a user infringes the copyright of a third party and E-Wellness ID receives a relevant notice from the copyright owner or legal representative, E-Wellness ID shall have the right to terminate this Agreement.
Once this Agreement has been terminated, your website account and your right to use the platform and E-Wellness ID products, programs and services shall be terminated. You shall be aware that the termination of your account means that your user content will be removed from our database. E-Wellness ID shall not be liable for the termination of this Agreement, including the termination of your user account and the deletion of your user content.
Any updated version of the platform or any future version, update or other changes relating to E-Wellness ID products, programs and services shall be governed by this Agreement.
Your suggestion or feedback to E-Wellness ID (collectively “Feedback”) shall be deemed the transfer to E-Wellness ID of all your rights to Feedback and your agreement that E-Wellness ID has the right to use such Feedback and the relevant information in any reasonable way. We shall treat such Feedback as non-confidential and non-proprietary information.
You have agreed not to provide E-Wellness ID with any information that you consider confidential and proprietary.
We reserve the right (not the obligation) to check user content based on our judgment. Whether notified or not, we shall have the right to delete or move your user content at any time and for any reason. In accordance with the provisions of this Agreement we shall have the right to retain or terminate your account.
You must provide valid contact information that you have frequently used recently. If the contact information provided by you cannot be used or for any reason, we shall not be liable for any notice that we are unable to relay onto you. The announcement notice issued by the platform and the notice sent directly to you undisputedly constitute a valid notice.
Governing law: this agreement is governed by Canadian law. Any dispute shall be settled through principles of friendly negotiations, failing which a lawsuit shall be filed to the court that has jurisdiction over E-Wellness ID.
Independence: if certain provisions of this Agreement cannot be applied for some reason, the remaining provisions shall continue to apply and the inapplicable provisions shall be modified so that they can be applied according to law.
The headings of each part are for the convenience of reading and do not carry any legal or contractual obligations.
You may not transfer the rights and obligations set forth in this Agreement unless otherwise agreed in writing by E-Wellness ID. Any attempt to transfer in violation of the above provisions shall be null and void.