Terms and Conditions Last updated on November 9, 2020
1. Use of Services
These terms and conditions of use (“Terms”) apply to services provided under PHASE Scientific’s website and INDICAID mobile application (“Services”). The Services are provided to you by PHASE Scientific International Limited (hereinafter called “We”, “Our Company” or “PHASE Scientific”). By using the Services, you agree to be bound by the Terms. Please review the Terms carefully.
The scope of the Services may include, but not limited to, provision of information on our products and services and information on our company, and provision of relevant information and tools for you to manage your overall health status.
The Services are made for convenience of users and any information provided by the Services should not be treated as medical advice. PHASE Scientific is not engaged in the practice of medicine. You should seek professional advice from a medical doctor before making any medical decisions. The Services are not intended for use in detection, diagnosis, monitoring, management, curing, mitigation, treatment of disease or other medical conditions.
You should not obtain any individual profit through the use of the Services.
2. Your Account
In order to use the Services, you may be required to sign up and establish an account with PHASE Scientific (hereinafter referred to as “Your Account”).
You are required to provide current and accurate identification, contact and any other information required as part of the registration or application process or continued use of the Services. PHASE Scientific cannot and will not be liable for any loss or damage arising from your failure to provide PHASE Scientific with current and accurate information.
PHASE Scientific reserves the right to, without your consent, refuse your registration or application or cancel Your Account at our sole discretion.
You are responsible for maintaining the confidentiality of the information of Your Account and your password. PHASE Scientific cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of the information of Your Account and password.
You agree that you are responsible for all activities that occur under Your Account, and all conduct of all users of Your Account and any content that is created, transmitted, stored, or displayed by, from, or within Your Account while using the Services and for any consequences thereof.
You agree to immediately notify PHASE Scientific of any unauthorized use of Your Account or any other breach of security. PHASE Scientific shall in no way be held liable for any unauthorized use of Your Account or any other breach of security.
3. Protection of Personal Data
4. Content Provided by User
PHASE Scientific may provide discussion forums, events or chat platforms for users to share and provide materials, including their personal experience and information or topics of interest to the users, which can be in the form of text, graphic, table or chat, voice or video. Such materials are collectively referred to as “User Content”.
You grant to PHASE Scientific a worldwide, non-exclusive, perpetual, sub-licensable, irrevocable, transferable, fully paid-up and royalty-free license to reproduce, distribute, modify, prepare derivative works of, display, communicate to the public, publicly perform and otherwise use the User Content in connection with the Services, including without limitation for the purposes of promoting and redistributing part or all of the User Content in any media formats and through any media channel. You hereby waive, and procure that all other authors of the User Content waive, all moral rights in the User Content (including rights to be identified as the author of the User Content or to object to any derogatory treatment of the User Content), whether such rights subsist now or at any time in the future in anywhere of the world.
You warrant that you have obtained proper consents, permissions and licenses required to provide User Content. At the request of PHASE Scientific, you will provide us with written copies of any such consents, permissions and licenses that you are required to obtain. You warrant the authenticity or reliability of the User Content and PHASE Scientific will not take any risk or responsibility of using the User Content.
5. Links to Third Party Sites
The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PHASE Scientific and PHASE Scientific is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PHASE Scientific is not responsible for webcasting or any other form of transmission received from any Linked Site. PHASE Scientific is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PHASE Scientific of the site or any association with its operators.
6. Other Prohibited Acts
You shall not include any materials in User Content that may be illegal, defamatory, fraudulent, misleading, infringing, obscene, abusive, offensive, harmful to the safety of any person, potentially damaging to any person or other users, aimed at harassing any person or otherwise is inappropriate for display on any place within the Services (these materials are collectively referred to as “Objectionable Content”). PHASE Scientific prohibits any Objectionable Content or abusive users.
7. Removal of User Content
PHASE Scientific reserves the right, at its sole discretion, to remove any of User Content including Objectionable Content at any time without any notification to users.
8. Intellectual Property
All proprietary rights, intellectual property rights, title and interests related to contents of the Services are reserved and will not be given to you through your use of the Services. You are not allowed to use the Services to infringe on any person’s trademarks, patents, copyrights or other intellectual property rights. PHASE Scientific may terminate your right to use the Services if in PHASE Scientific’s opinion you are using the Services in a manner that infringes the trademarks, patents, copyrights or other intellectual property rights of another.
PHASE SCIENTIFIC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PHASE SCIENTIFIC DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (II) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (III) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE. PHASE SCIENTIFIC TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PHASE SCIENTIFIC DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USERS, ON OR OFF THE SERVICES.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHASE SCIENTIFIC, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, ENHANCED DAMAGES OR PERSONAL INJURIES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, LOSS OF HEALTH, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICES OR ANY CONTENT; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PHASE SCIENTIFIC HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES OR PERSONAL INJURIES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PHASE SCIENTIFIC’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS TERMS AND CONDITIONS EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PHASE SCIENTIFIC DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PHASE SCIENTIFIC, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICES, AND THIS TERMS AND CONDITIONS.
11. Chargeable Service and Mobile Services
You agree that some features and services under the Services or Linked Sites may incur fees. Further, the Services or Linked Sites may be accessed or used via mobile devices and other means. You agree that such access and use of mobile devices or other means may also incur fees. You are solely responsible for payment of such fees and shall fully indemnify and protect PHASE Scientific harmless against such fees.
12. Update, Change or Suspension of the Services
PHASE Scientific reserves the right to update, change or suspend any of the Services offered to you from time to time at our sole discretion without notice or liability to you.
13. Update of the Terms
PHASE Scientific reserves the right to update, change, add or delete terms, conditions and notice from the Terms, and under which conditions the Services are offered from time to time at our sole discretion without notice or liability to you. You are responsible to periodically review our most current version of the Terms for any updates, changes, additions and deletions here at www.phasescientificusa.com/terms. By continuing to use the Services following such modifications to the Terms, you agree to be bound by the most current version of the Terms.
14. Termination and Suspension
When using the Services, you agree to provide true, accurate, updated and complete information about yourself and regularly and promptly update your registration information to keep it true, accurate, updated and complete.
If PHASE Scientific has reasonable grounds to suspect that any information is untrue, inaccurate, not updated or incomplete, any materials in User Content is Objectionable Content or any user is abusive, we have the right to suspend or terminate your registration and use of the Services. PHASE Scientific may also terminate your use of the Services at any time if you are in breach of any of the Terms without any notification.
15. Law and Jurisdiction
The Terms are governed by and shall be construed in all respects in accordance with the laws of Hong Kong and all the Parties hereto hereby submit to the exclusive jurisdiction of the Hong Kong courts in connection with any matters arising hereunder.
In the event of any inconsistencies or discrepancies between the English version and any other translated versions of this Terms, the English version shall prevail.