Terms of Use
Last updated on 28 July 2021
These terms of use (“Terms”) govern your use and access to our services, including our website (our “Site”), our email notifications, and any information or content appearing therein, collectively our content (“Content”). You should also read our Privacy Policy, which explains how we collect and use your personal information.
Your agreement is with Botamedi Brain Health and Medical Care Company Limited (Company Registration No.61304512), a company registered in Hong Kong. “We” or “Botamedi” should be construed accordingly.
By using our Services, you’re agreeing to be bound by these Terms and our Privacy Policy. If you’re using our Services as a representative of an entity, you’re agreeing to these Terms and our Privacy Policy on behalf of that entity.
The Site Does Not Provide Medical Advice
Our services
Nature of our services
Botamedi is not a licensed medical professional. We are not engaged in medical practice and we do not perform the services of a hospital or a doctor. The Content is general in nature and for informational purposes only and does not constitute medical advice; the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Please consult a qualified medical professional for further advice on decision making on treatment and/or medication.
Our Site
We strive to keep the information provided in our Site accurate and up to date. However, because laws and regulations and their interpretation are constantly changing, we cannot guarantee that all information in our Site is entirely current or complete.
The Content is general in nature and for informational purposes only and does not constitute medical advice; the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment, whether it is a prescription medication, over-the-counter drug, vitamin, supplement, or herbal alternative.
Our support
We communicate with you via email, phone call, or other means to give you technical and service support. You must bear in mind that no part of our communication with you is medical advice. In particular, we do not:
Integrations
Botamedi integrates with third-party software to provide a full suite of functionalities to our users. While we take into account industry standards, security level, and functionalities in choosing our integration partners, we are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.
Changes to our service
Content and other features are subject to change or termination without notice in the editorial discretion of Botamedi. Our Site may also be affected by acts of nature or force majeure events.
Accessing our content
We make every effort to ensure that our Content is always available, but our Content may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We do not guarantee that our Site will be free from bugs or viruses. You are responsible for configuring your information technology, computer programmes, and platform in order to access our Site. You should use your own virus protection software.
Our rights
All intellectual property rights subsisting in the Content belong to us or have been lawfully licensed to us for use in connection with the Site. All rights under applicable laws are hereby reserved. Botamedi authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2021, Botamedi Brain Health and Medical Care Company Limited. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.
Copyright policy
In the event of suspected copyright infringement, please email us at contact@seanol.how. We will respond to notices of alleged copyright infringement that comply with applicable legal requirements and properly provided to us.
Feedback
We value and welcome feedback on our Site and any suggestions on how we can improve. You agree that we are free to use, disclose, adopt, and/or modify any feedback and information (including any ideas, concepts, proposals, suggestions or comments) provided by you to us in connection with the Content and/or your use of the Content (“Feedback”) without any payment to you. You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption, and/or modification of any of your Feedback.
Advertisements, Searches, and Links to Other Sites
We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Botamedi does not recommend and does not endorse the content on any third-party websites. Botamedi is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Acceptable Use
As part of the Terms of Use, you agree not to misuse our services (“Content”) or help anyone else to do so. For example, you agree not to do any of the following in connection with our Content:
use our Content for unlawful or unauthorised purposes;
re-sell or attempt to benefit in a commercial fashion from any content available as part of the Site;
sell the Content unless specifically authorised to do so;
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas or parts of the Site or shared areas of the Services that you haven’t been invited to;
interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Site, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Site;
access, search, or create accounts for the Site by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
send unsolicited communications, promotions or advertisements, or spam;
forge any TCP/IP packet header or any part of the header information in any email;
send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorisation;
abuse referrals or promotions;
post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
violate the letter or spirit of our Terms of Use;
violate applicable laws or regulations in any way; or
violate the privacy or infringe the rights of others.
You acknowledge that the above is not an exhaustive list.
Limitation on liabilities
The use of the this Site and the Content is at your own risk.
To the fullest extent permitted by law, Botamedi and its holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners, and licensors (collectively, “Botamedi Entities”) expressly limit their liabilities in connection with or arising out of the provision of the Content as follows. Some jurisdictions may not allow the disclaimers in this clause; in such cases, they will not apply to you.
No assurance
We strive to provide the best services, but there are certain things that we cannot guarantee. All Content is provided on an “as is” and “as available” basis. No assurance, representation, or warranty of any kind is made, whether express or implied, about the Content. In particular, Botamedi Entities expressly disclaim any warranties of merchantability or fitness for a particular purpose and non-infringement of our Content.
While we make every effort to ensure the quality of our Content, the Botamedi Entities make no representation or warranty that:
the information, content, software, links or communications provided on or through the use of our Site is entirely accurate, reliable, complete, current or up to date;
any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content are satisfied;
our Site is free from bugs or viruses;
your correspondence with us will be free from interception, corruption, error, delay, or loss;
access to our Content will always be available or uninterrupted;
our Content will meet your requirements or sufficiently address your needs in any specific circumstances;
use of our Content will achieve any particular result; or
the results that arise from the use of our Content will meet your expectations.
You must exercise and rely solely on your own skill and judgement in your use of the Services, including your interpretation or use of the information or content available as part of the Services.
Limitation of liabilities
We do not exclude or limit our liability to you where it would be illegal to do so – this includes any liability of any Botamedi Entity for fraud or making fraudulent misrepresentation in providing the Services.
In countries where the following types of exclusions are not allowed, we will be responsible to you only for the losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of contract with you. This clause does not affect any consumer rights that cannot be waived or limited by way of contract or agreement.
In countries where exclusions or limitations of liabilities are allowed, no Botamedi Entity would be liable for:
any indirect, special, incidental, punitive, exemplary, or consequential losses or damages; or
any loss of profit, business, or data
arising out of the use of, or the inability to use, our Content. These exclusions or limitations apply regardless of whether or not any Botamedi Entity has been advised or notified of such losses or damages.
If you use the Content for any purpose other than your own commercial use (including for re-sale, which is not permitted under the Acceptable Use Policy), none of the Botamedi Entities will be liable to you for any loss of profit or business, business interruption, or loss of business opportunity.
Botamedi Entities are not responsible for the conduct of any user of the Site, whether online or offline.
Your representation and warranty
Our Content is not intended for and may not be used by minors. By using our Content, you are representing to us that you are an adult and that you can legally enter into contractual agreements. If you are using the Content on behalf of an entity, by using our Content you represent and warrant that you have the necessary rights and authority to agree to these Terms and our Privacy Policy on behalf of that entity.
Indemnity
You agree to indemnify and hold us harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these Terms, (ii) your use of our Content and/or (iii) any misrepresentation made by you. You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Content or these Terms.
Change of these terms
We may revise these Terms from time to time in order to reflect the latest improvements or enhancements made to our Content or latest changes in applicable laws or regulations. If we make any material changes to these Terms, we will notify you by in-app notification or by email to the email address registered with us. If you do not agree to any revised Terms, you should cancel your subscription. By continuing to use our Content after the changes come into effect, you agree to be bound by the revised Terms.
Termination
These Terms will continue to apply until terminated by you or us as follows. You may stop using our Content at any time.
We reserve the right to suspend or terminate your access to the Content if:
you are in serious or repeated breach of these Terms;
you are using the Content in a manner that would cause a real risk of harm or loss to us, other users, or the public;
we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations, or legal processes; or
our provision of the Content to you is no longer possible.
We will notify you by the email address associated with your account unless we are prohibited from notifying you by law. Upon termination of your access, these Terms will also terminate except for clauses 7 to 15.
We will report any breach of these Terms to law enforcement authorities where we think fit, and we will co-operate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Waiver and severability
Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible.
Assignment of rights
You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our holding company, affiliates, or subsidiaries, or to any successor in interest of any business associated with the Content.
Dispute resolution
We wish to address your concerns without going through a formal legal process. Before filing a claim against Botamedi, you agree to try to resolve the dispute informally by contacting contact@seanol.how. We will respond to you by email as soon as practicable; however a lack of response shall not be deemed to constitute any acquiescence or waiver. We will try our best to resolve the dispute informally within thirty (30) days. If the dispute is not resolved within such a period, you or Botamedi may bring a formal proceeding.
Botamedi and you agree that all disputes, controversies, and claims arising out of or in relation to the Content and these Terms (including the existence, validity, interpretation, performance, breach, or termination thereof) shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules.
The law of arbitration shall be Hong Kong law and the place of arbitration shall be Hong Kong. The number of arbitrators shall be one, except where the amount in dispute exceeds USD 50,000, in which case the number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.
For the avoidance of doubt, any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Notwithstanding the foregoing, you or Botamedi may bring an individual action in a small claims court. You agree that, by entering into these Terms, you and Botamedi are each waiving the right to bring an action in a court of law (save the small claims court) or to participate in a class action.
If we make any future change to this dispute resolution clause, that change will not apply to any dispute of which notice of arbitration has been filed on or before the effective date of the change.
Governing law
These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Contact
If you have any question about the Content or these Terms, please contact us by email at contact@seanol.how.