Terms Of Use

Date of Issuance: 09/17/2020

Effective Date: 09/17/2020

Lush Era Limited (hereinafter referred to as "Lush Era") develops and operates a remote medical communication platform (hereinafter referred to as "Dr.HereOnline" or "Platform"), offering website and mobile application services to facilitate communication between healthcare providers and the general public. These Terms of Use govern the relationship between Dr.HereOnline and its users, who may be healthcare providers or smart clinics (hereinafter referred to as "Experts") or healthcare consumers (hereinafter referred to as "Members"), collectively referred to as "Users" or "You".

Dr.HereOnline provides various remote healthcare services, including Membership Services and Expert Services.

• "Membership Services" offered by Dr.HereOnline encompass: provision of a secure cloud database for storing basic health information and examination data records, generation of health analysis reports, and implementation of automatic tracking and reminders to enable Members to manage their health at any time. Members may search for and select Experts on the Platform, engage in real-time online consultations, grant Experts access to their personal health information and data, or request to import their personal health information and examination data stored in the clinic into the Platform's cloud database. Additionally, Members can share their daily body index measurements with other Members to monitor the health status of family and friends.

• "Expert Services" provided by Dr.HereOnline include: creation of personalized webpages for self-introduction and recommendation in various formats, ability to manage their own consulting service availability, and implementation of diverse pricing models for Experts or smart clinics. The messaging functionality caters to the online consultation requirements of both Experts and Members. Upon obtaining Member authorization, Experts may access the Member's health information and examination data, review body index measurements or abnormal test results, and schedule follow-up reminders for remote consultation and health management purposes. Experts may send messages to all or specific groups of Members and proactively notify them of new announcements. Experts can search for and consult with other Experts in different specialties on the Platform and refer Members as needed. After receiving import requests from Members, smart clinics can transfer the Members' information and data from the clinic into the Platform's cloud database. The Platform will support the smart clinic in tracking and reminding Members of follow-up appointments.

Utilization of Dr.HereOnline and its supported applications is contingent upon acceptance of these Terms of Use, and all conditions, policies, and operational procedures referenced herein or otherwise published by Lush Era or Dr.HereOnline periodically.

If You disagree with these Terms of Use and/or are ineligible or unauthorized to accept these Terms of Use, You are prohibited from registering for a user account on Dr.HereOnline and from utilizing any applications or services supported by Dr.HereOnline. By registering for a user account, downloading the APP, or accessing/using any part of Dr.HereOnline, You accept these Terms of Use and are legally bound by all terms within this agreement.

1. Registration

Although You may access Dr.HereOnline without registering, employing any functionality of the APP as an Expert or Member necessitates registration and acceptance of the Terms of Use and all related policies.

By registering, you agree that:

You are utilizing Your genuine identity and not impersonating any other individual or entity.

• The personal information (full name, identification, email address, mobile phone number, location, date of birth, and address) supplied during the registration process is truthful, accurate, current, and complete.

• You are obligated to routinely maintain and update Your registration data to ensure its accuracy, currency, and completeness. If You submit any information that is false, inaccurate, outdated, or incomplete, or if Lush Era has reasonable grounds to suspect such inaccuracies, Lush Era reserves the right to suspend or terminate Your account and refuse any or all current or future use of Dr.HereOnline services.

• Your username and password are unique to You, and You agree not to disclose or share Your username and password with any third party. You are responsible for maintaining the confidentiality of Your password and for immediately notifying us if Your password has been compromised or stolen.

• You also concur that You will be solely accountable to Lush Era for any activity conducted on or through Dr.HereOnline under Your account, regardless of whether or not You are the individual who undertakes such activities. This encompasses any unauthorized access and/or use of Your account or Your computer/mobile devices. You hereby release and hold Lush Era harmless from any and all claims and causes of action arising out of or resulting from a third party's unauthorized use of Your account.

• Lush Era retains the right to deny or revoke access to Dr.HereOnline and its services, or any part thereof, to anyone at any time at its sole discretion, with or without cause.

• You are solely responsible for all activities that transpire under Your account, and You agree to notify Lush Era immediately of any unauthorized use of Your account. Lush Era will not be liable for any loss that You may incur as a consequence of any unauthorized use of Your account and password.

• Unless You are a licensed healthcare provider, You cannot register as an Expert on Dr.HereOnline; the user account registered with Dr.HereOnline is considered the primary account owner.

• All interactions between a Member and an Expert are governed by the Terms of Use accepted at the time of registration as a User with Dr.HereOnline.

• Your use and access of Dr.HereOnline are entirely at Your own initiative and risk. You are solely responsible for compliance with local and national laws, and relevant regulations in Your respective country regarding the use of services provided by Dr.HereOnline. Lush Era does not warrant that Dr.HereOnline, its apps, and services are fully compliant with the rules, laws, and regulations within all countries and territories.

2. Dr.HereOnline, its Apps and Services Usage Rules

While utilizing Lush Era's Dr.HereOnline, its Apps, information, and services, You agree and acknowledge the following:

As an Expert:

• The services You provide shall be used solely for the purpose of satisfying Members' needs and complying with the laws, and shall not be employed for any other purposes.

• Experts may access the Member's personal health information and examination data only if authorized to do so by the Member.

• Only licensed healthcare providers can use the Expert App and its services. It is the responsibility of Experts to ensure they possess the necessary licenses/certificates required for all the services they provide, and that the essential healthcare personnel and resources required to support such services are available.

• You assume complete and sole responsibility for using the Expert user account on Dr.HereOnline.

• You shall maintain strict confidentiality regarding any Member's data and shall not publish or distribute, in any form, any information contained therein, and/or summaries or subsets of related information regarding the Member to any person or entity.

• You will be responsible for all activities under Your account. Dr.HereOnline is merely a platform providing technological tools for the online healthcare services You choose to offer. Any disputes between You and the Members will be addressed by You directly. You agree to absolve Lush Era from all/any claims between You, Members, and/or end-users. You are responsible for maintaining the confidentiality of all information provided by the Member. Lush Era has no obligation or liability to monitor services on Dr.HereOnline; however, it may record all activities conducted on Dr.HereOnline and disclose any information for any law, regulation, government request, or legal process.

• Lush Era assumes no responsibility for the information published by Experts on Dr.HereOnline or disseminated to the Members. Experts are entirely liable for ensuring that such content is medically accurate, original, and that it does not cause intended or unintended harm to its readers. All content You post must not violate any law or in any manner infringe or interfere with the rights of others. Content shall not libel or defame any third party, be obscene, harmful, threatening, abusive, vulgar, or inaccurately racially, sexually, ethnically, or otherwise objectionable, or constitute personal attacks on other individuals, or infringe the intellectual property, trade secret, or proprietary rights of any third party, or promote criminal or other illegal activity.

• If Lush Era determines that the preceding contents are illegal, offensive, obscene, abusive, commercial in nature, infringing, or inappropriate, Lush Era reserves the right to review and delete any content related to any provider.

As a Member:

• As a Member, You understand that Lush Era and Dr.HereOnline do not perform any medical actions and only facilitate Your engagement with Experts whom You have chosen to consult. Lush Era does not endorse any Experts. Members are solely responsible for making their own decisions when selecting Experts.

• In cases of urgent medical needs or critical care situations, You are expected to seek immediate professional medical attention in person. Dr.HereOnline, its apps, and services cannot replace physical medical services. The services provided by Dr.HereOnline should only be used to supplement Your current healthcare services and to enable better collaboration with Your healthcare Experts.

• The accuracy, integrity, and completeness of the health information and examination data You enter or permit to be entered on Your behalf is Your responsibility, and Lush Era does not assume any responsibility or liability for it. Lush Era is also not liable for any use or misuse of information transmitted or received by an Expert whom You have authorized to access Your data on Dr.HereOnline.

• Only the Experts You have authorized can view Your personal health information and data. Lush Era is not responsible for the information transferred or received after the authorized Experts access Your personal health information and data.

• The clinic may import the health information and examination data produced from its institution into the Members' cloud database on Dr.HereOnline when You apply to import Your information. Lush Era is not liable for the accuracy, integrity, and completeness of the imported data.

• Your use of Dr.HereOnline to engage with Experts is at Your sole risk. Lush Era is not responsible for any undesirable outcomes resulting from Your engagement with the Experts.

• Lush Era is not responsible for ensuring that the health, fitness, or nutrition information on Dr.HereOnline or its services will always include the most recent findings or developments in medical research.

By using Dr.HereOnline, its apps, and services, You unconditionally agree to receive automated mobile or email notifications relevant to system events from Dr.HereOnline to the mobile number or email address You provided during registration, irrespective of whether You have subscribed to any Do-Not-Disturb (DND) services.

Lush Era is constantly updating Dr.HereOnline, its apps, and services in order to provide the best possible experience for its Users. The Users acknowledge and agree that the form and nature of the services provided by Dr.HereOnline may change from time to time, features may be added, improved, or changed without prior notice as per the demands of evolving technology, domain, and the best interests of the Users.

You shall not use Dr.HereOnline, its apps, and services for any purposes other than those intended and determined by Lush Era.

You may not use any robot, spider, scraper, or other automated means to access Dr.HereOnline for any purpose without our written permission. Violation of this policy may result in termination of Your access, deactivation, or deletion of Your account and all related information and files You have stored on Dr.HereOnline.

Lush Era reserves the right to modify and/or discontinue its services at any time, for any reason without notice, and to terminate Your account for any reason, including violation of this agreement. Upon such termination, You shall have no more claims on Your personal data stored on Dr.HereOnline. Lush Era will not be responsible for providing this data in any form to You or any third party after such termination.

You shall not misuse any services or information on Dr.HereOnline, in which event, Lush Era may take legal, technical, and financial remedies to prevent the violation of this provision and to enforce these Terms of Use.

You shall not attempt to circumvent any security measure put in place for Dr.HereOnline or attempt to gain unauthorized access to any services, user accounts, computer systems, or networks owned and/or controlled by Lush Era, through hacking, password mining, or any other means.

You shall not upload or submit any data or information containing viruses or any computer code, corrupt files, or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment owned and/or controlled by Lush Era.

You shall not attempt to access or obtain information regarding any account other than Your own, by any means whatsoever, unless You are authorized to do so or it is being shared with You. You may not use Dr.HereOnline, its apps, and services in any manner that could damage, disable, overload, or impair Lush Era's servers or networks, and You are not allowed to interfere with any other party's use and enjoyment of Dr.HereOnline, its apps, and services.

You shall take the utmost care to keep Your username and password strictly confidential. You shall be solely liable for any misuse of Your account and password.

As part of this continuing innovation, You acknowledge and agree that Lush Era may stop (permanently or temporarily) providing Dr.HereOnline, its apps, and services (or any features within) at Lush Era's sole discretion, without prior notice to You. In the case Lush Era becomes involved in a reorganization, merger, acquisition, or any form of sale of some or all of its assets, Lush Era reserves the right to re-brand or relocate Dr.HereOnline. If You are a competitor, You shall not use Dr.HereOnline as a user to study and copy the service or parts, features, and functions provided by Dr.HereOnline, its apps, and services.

Any information posted on Dr.HereOnline, including personally identifiable information contained therein, is made voluntarily and is subject to Lush Era's Privacy Policy and personal data protection matters. You are responsible for the information You post and agree to defend (at Your sole expense), indemnify, and hold Lush Era harmless from any damages, losses, costs, or expenses which Lush Era may incur as a result of the information You post.

3. Data Management

Dr.HereOnline ensures the secure storage of all data, encompassing personal health information, examination records, communication content, and usage data such as location, device type, operating system, browser, date-time, and context usage.

As a Member, you may grant your selected Experts access to your personal health information and saved examination records via Dr.HereOnline and its affiliated applications and services for the purpose of providing you with healthcare services.

By utilizing Dr.HereOnline and its related applications and services, all Users authorize Lush Era to conduct anonymized analysis of the stored data in a manner that neither discloses nor employs the identification of any user. This analysis serves to develop non-identifiable data-driven insights, enhance Dr.HereOnline services, and expand their scope. Furthermore, as a User, you authorize Lush Era to publish such non-identifiable insights to promote Dr.HereOnline and its affiliated applications and services and to utilize such insights to facilitate the ongoing provision of healthcare services to Experts and Members.

By engaging with Dr.HereOnline and its applications and services, you consent to the storage of your data within secure cloud infrastructure situated anywhere globally. All user data is subject to Lush Era's Privacy Policy.

4. Intelligent Analysis of Health Examinations

Dr.HereOnline's Artificial Intelligent Analysis for Health Examinations (hereinafter referred to as "AIAHE") derives from the fundamental health information and examination data submitted by Members themselves or imported from the smart clinic. Consequently, Lush Era bears no responsibility for ensuring the accuracy of the provided information. AIAHE is generated by expert medical and healthcare service teams, referencing medical research and culminating in a personalized health analysis report supplied to the Member as a health management guide.

AIAHE does not constitute medical advice, diagnosis, or treatment for specific cases or Members and should not be regarded as a replacement for professional medical advice, diagnosis, or treatment.

Lush Era disclaims all liability for any errors, omissions, misstatements, or misrepresentations in the information provided by Dr.HereOnline's AIAHE. Lush Era explicitly excludes any obligation, responsibility, or liability for any kind of loss, damage, costs, or expenses (whether direct, indirect, ancillary, or consequential) arising from or in connection with AIAHE. By utilizing AIAHE to obtain a health analysis report, you agree to accept these Terms of Use.

5. Fees and Payments

All services provided through Dr.HereOnline may be paid via credit card or charged in Credit Points (hereinafter referred to as "Points"). Each Point holds a value of 0.10 US Dollars. The value of other currencies will be displayed on the Dr.HereOnline website and applications. Lush Era reserves the right to maintain or adjust the Point value for each currency in response to fluctuating exchange rates.

Members registered with Dr.HereOnline must purchase Points to access consultation services within the platform. Experts independently establish rates for their consultation services, which may vary between different Experts. Members acknowledge and agree that both Dr.HereOnline and Experts reserve the right to modify their fees at any time during the duration of these Terms of Use.

Members may register and utilize the Member app free of charge to monitor and track their health data. However, Members must purchase Points to access paid services on Dr.HereOnline. Payments can be made to Lush Era through online methods, such as credit card transactions, PayPal, or other third-party payment and collection processes. Experts may adjust, modify, revise, upgrade, downgrade, or cancel their service fees at any time.

No refunds will be issued for canceled subscriptions during an ongoing billing cycle. In the event of service cancellation on Dr.HereOnline, any Points purchased by a Member will be refunded.

Experts may establish service fees for their online offerings, including video consultations, audio call consultations, text-based consultations, image/file-based consultations, recording file-based consultations, remote care features, and health management programs on Dr.HereOnline.

Expert accounts can redeem Points when their balance reaches a minimum of 3,000 (equivalent to US$300 or above).

6. Privacy Policy

All Users of Dr.HereOnline are subject to the Privacy Policy and personal information protection provisions. The Privacy Policy and the personal information protection regulations govern the handling and use of your personal health information, examination data, intelligent health analysis reports, and daily examination data. Lush Era will not process your data unless necessitated by your own access and usage requests and/or those of Experts whom you have chosen to consult. Lush Era exercises the utmost diligence to avoid disclosing your data, unless prompted by your request or if compelled to comply with legal, statutory, or investigative law enforcement requirements.

7. Third-Party Services

Lush Era assumes no responsibility for the accuracy and reliability of health data transferred from health devices and sensors that Dr.HereOnline may interface with. This includes both direct device interfaces and account interfaces of third-party services that you, as the User, might authorize Dr.HereOnline to connect to. Such interfaces do not imply any endorsement by Lush Era of those devices or services.

Lush Era is not responsible for any profile information or healthcare content published through Ms. Caring on Dr.HereOnline.

Dr.HereOnline, its applications, and services may include links to external websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided solely for your convenience. Lush Era does not endorse these sites or the products and services they offer. You acknowledge and agree that Lush Era is not responsible or liable for the content or accuracy of these sites external to Lush Era.

8. Updates

Lush Era reserves the right to modify these Terms of Use (and any associated Policies) at any time, in its sole discretion, either in whole or in part. In the event of any material or substantial change to the terms and conditions, Lush Era may notify you by posting an announcement of the changes on its website, through its applications, or by email. You are expected to periodically review these Terms of Use and associated policies for updates. By continuing to use Dr.HereOnline, its applications, and services after any change to these Terms of Use, you acknowledge and accept the changes. The Terms of Use, as they apply to you as a User, may not otherwise be amended.

9. Intellectual Property, Copyright, and Trademarks

Dr.HereOnline's platform, applications, website, services, all content, information, visual designs, and branding created by and for Lush Era, and all intellectual property rights embodied therein, are the property of Lush Era and are protected by trademarks, copyrights, patents, proprietary rights, and intellectual property laws.

Lush Era, Dr.HereOnline, the Member App, and Expert App are the trademarks of Lush Era. Lush Era does not grant the rights to copy, use, modify, reproduce, adapt, distribute, or create derivative works of any part of Dr.HereOnline, its applications, content, website, and design to any third party. Any reproduction of the contents, in whole or in part, regardless of the method or medium used, will require prior written authorization from Lush Era. Attempting to use or access Dr.HereOnline, its applications, services, and website for any purposes other than those intended as per these Terms of Use is prohibited. Lush Era reserves the right, at any time and in its sole discretion, to block and terminate Users who violate these terms, in addition to taking legal action where necessary.

10. Limited Warranty

To the extent permitted by applicable law, Dr.HereOnline, its applications, and services are provided "as is" without any warranty of any kind, expressed or implied. Lush Era hereby disclaims all expressed or implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights, quality, performance, accuracy, reliability, loss or corruption of data, business interruption, or any other commercial damages or losses, arising out of or related to Dr.HereOnline, its applications, and services. Lush Era makes no warranty that the services will be available and accessible, uninterrupted, error-free, or otherwise meet your expectations. This disclaimer of warranty constitutes an essential part of these Terms of Use.

11. Limitation of Liability

Users expressly understand and agree that Lush Era and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Lush Era has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) any changes Lush Era may make to the services; (v) your failure to keep your password or account details secure and confidential; (vi) any other matter relating to the services.

The limitations on Lush Era's liability to Users shall apply whether or not Lush Era has been advised or should have been aware of the possibility of any such losses arising.

12. Indemnification and Release

You agree to defend, indemnify, and hold harmless Lush Era, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in services provided by Dr.HereOnline; your violation of any provision of these Terms of Use, including the Privacy Policy and personal information protection matters; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property; or any claim that your submitted content has caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the service.

13. Termination

These Terms of Use become effective when you start using Dr.HereOnline, its apps, and services in any capacity and remain in effect until terminated as outlined herein.

You may terminate your account with Lush Era at any time for any reason by informing Lush Era. Upon termination, you shall have no more claims on your personal data stored and/or transmitted on Dr.HereOnline or any content posted by you. Lush Era will not be responsible for providing this data in any form to you or any third party.

Upon termination of your account, you will no longer be able to use your account or services on Dr.HereOnline. You must fulfill any obligations you may have prior to the effective date of termination. Lush Era also retains the right to pursue any action to remedy the breach of these Terms of Use. Lush Era retains the right to use your anonymous non-identifiable data for cohort analytics. All applicable sections of this Terms of Use shall survive termination.

14. Jurisdiction and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of China (TAIWAN), without regard to conflict of law principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Taiwan Taipei District Court. Both you and Dr.HereOnline agree not to object to such jurisdiction rights and trial location. For any disputes or differing opinions when using Dr.HereOnline, both parties shall make efforts to negotiate and resolve the matter amicably; if an agreement cannot be reached, both parties shall seek to resolve the disputes according to applicable laws.

15. Release for Force Majeure

Lush Era and its officers, directors, employees, agents, content providers, customers, and suppliers shall be absolved from any claim of damages resulting from any cause(s) over which Lush Era or they do not have direct control. This includes, but is not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

16. General Provisions

These Terms of Use constitute the entire agreement and understanding with respect to the subject matter hereof, superseding all prior written and oral understandings between the parties concerning the subject matter. You may not assign or sublicense any of the rights and obligations under these Terms of Use without prior written consent from Lush Era. Any notices in this regard must be delivered in written format and acknowledged as received. Lush Era may subcontract its responsibilities under these Terms of Use without your consent to a third party deemed by Lush Era in good faith to be of equal standing and integrity, provided that the material provisions of these Terms of Use are reflected in any agreement entered into between Lush Era and such third party. No partnership, joint venture, agency, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. If, for any reason, any provision of these Terms of Use is deemed invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, which shall continue in full force and effect to the fullest extent permitted by law. You knowingly and expressly consent to the foregoing terms and conditions.

17. Restriction on Access to Dr.HereOnline

To protect the integrity of Dr.HereOnline, Lush Era reserves the right, at any time and in its sole discretion, to block users of certain IP addresses from accessing Dr.HereOnline.

18. Language

These Terms of Use have been translated into other languages. In case of any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail.