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Terms and conditions
These terms and conditions ("Terms", "Agreement") are an agreement between
DEEPHEALTH LIMITED ("DEEPHEALTH LIMITED", "us", "we" or "our") and you ("User",
"you" or "your"). This Agreement sets forth the general terms and conditions of your use
of the HealthCap mobile application and any of its products or services (collectively,
"Mobile Application" or "Services").


Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the
security of your account and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with it. Providing false information of
any kind may result in the termination of your account. You must immediately notify us of
any unauthorized uses of your account or any other breaches of security. We will not be
liable for any acts or omissions by you, including any damages of any kind incurred as a
result of such acts or omissions.


Data backups
It is your sole responsibility to maintain appropriate backup of your Content. We are not
responsible for Content residing in the Mobile Application. In no event shall we be held
liable for any loss of any Content. Notwithstanding the foregoing, on some occasions and
in certain circumstances, with absolutely no obligation, we may be able to restore some
or all of your data that has been deleted as of a certain date and time when we may have
backed up data for our own purposes. However, we make no guarantee that the data you
need will be available.


Links to other mobile applications
Although this Mobile Application may be linked to other mobile applications, we are not,
directly or indirectly, implying any approval, association, sponsorship, endorsement, or
affiliation with any linked mobile applications, unless specifically stated herein. We are not
responsible for examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their mobile applications. We do not assume
any responsibility or liability for the actions, products, services, and content of any other
third-parties. You should carefully review the legal statements and other conditions of use
of any mobile application which you access through a link from this Mobile Application.
Your linking to any other off-site mobile applications is at your own risk.


Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the
Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based
on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of any related mobile application, other mobile applications,
or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related mobile
application, other mobile applications, or the Internet. We reserve the right to terminate
your use of the Service or any related mobile application for violating any of the prohibited
uses.


Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by
DEEPHEALTH LIMITED or third-parties, and all rights, titles, and interests in and to such
property will remain (as between the parties) solely with DEEPHEALTH LIMITED. All
trademarks, service marks, graphics and logos used in connection with our Mobile
Application or Services, are trademarks or registered trademarks of DEEPHEALTH
LIMITED licensors. Other trademarks, service marks, graphics and logos used in
connection with our Mobile Application or Services may be the trademarks of other thirdparties.
Your use of our Mobile Application and Services grants you no right or license to
reproduce or otherwise use any DEEPHEALTH LIMITED or third-party trademarks.


Disclaimer of warranty
You agree that your use of our Mobile Application or Services is solely at your own risk.
You agree that such Service is provided on an "as is" and "as available" basis. We
expressly disclaim all warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet your requirements, or
that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the Service or as to the
accuracy or reliability of any information obtained through the Service or that defects in
the Service will be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your own
discretion and risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or data. We
make no warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.


Limitation of liability
To the fullest extent permitted by applicable law, in no event will DEEPHEALTH LIMITED,
its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any
person for: any indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales, goodwill, use or
content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even
if DEEPHEALTH LIMITED has been advised as to the possibility of such damages or
could have foreseen such damages. To the maximum extent permitted by applicable law,
the aggregate liability of DEEPHEALTH LIMITED and its affiliates, directors, officers,
employees, agents, suppliers and licensors, relating to the services will be limited to an
amount greater of one dollar or any amounts actually paid in cash by you to
DEEPHEALTH LIMITED for the prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also apply if this
remedy does not fully compensate you for any losses or fails of its essential purpose.


Indemnification
You agree to indemnify and hold DEEPHEALTH LIMITED and its affiliates, directors,
officers, employees, and agents harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys' fees, incurred in connection with or
arising from any third-party allegations, claims, actions, disputes, or demands asserted
against any of them as a result of or relating to your Content, your use of the Mobile
Application or Services or any wilful misconduct on your part.


Severability
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and
are intended to be limited to the extent necessary so that they will not render this
Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of
this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.


Dispute resolution
Any dispute arising out of disagreement shall be governed by the laws of Hong Kong
Special Administrative Region.


Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights
or obligations hereunder, in whole or in part, without our prior written consent, which
consent shall be at our own sole discretion and without obligation; any such assignment
or transfer shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third-party as part of the sale of all or substantially
all of its assets or stock or as part of a merger.


Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile
Application or Services at any time, effective upon posting of an updated version of this
Agreement in the Mobile Application. When we do, we will revise the updated date at the
bottom of this page. Continued use of the Mobile Application after any such changes shall
constitute your consent to such changes.


Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and
conditions. By using the Mobile Application or its Services, you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to use or access the Mobile Application and its Services.


Disclaimer
The terms and conditions set forth in this document hereof have been translated into
Chinese. If there is any discrepancy, inconsistency or ambiguity between the English
version and Chinese version of the terms and conditions, the English version shall prevail.


Contacting us
If you have any questions about this Agreement, please contact us at
info@deephealth.com.hk.


This document was last updated on October 24, 2019.

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