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Terms Of Use

Date of Issuance: 09/17/2020

Effective Date: 09/17/2020

Lush Era Limited (hereafter referred to as "Lush Era") develops and operates a remote medical communication platform (hereafter referred to as "Dr.HereOnline" or "APP"), providing website and mobile application services for easier communication between healthcare providers and the general public. These terms of use are between Dr.HereOnline and its users who may be healthcare providers, smart clinics (hereafter referred to as "Experts") or healthcare consumers (hereafter referred to as "Members"), all of which will be referred to as "You" or collectively as "Users".

Dr.HereOnline provides relevant functions of remote healthcare services, including Membership Services and Expert Services.

  • "Membership Services” of Dr.HereOnline include: providing an exclusive cloud database for basic health information and examination data records, generating health analysis reports, and setting automatic tracking and reminders for Members to conduct self-health management at any time. Members may search for and choose Experts on the platform, conduct immediate online consultations, further allow Experts to view the Members’ personal health information and data, or apply to import their personal health information and examination data stored in the clinic into the cloud database of the APP. In addition, Members can share their daily body index measurement to other Members in order to monitor the health status of their family and friends.
  • "Expert Services" of Dr.HereOnline include: providing self-introduction and recommendation webpages of different forms, scheduling their own consulting service status, various pricing modes, etc. for Experts or smart clinics. The messaging function can meet online consultation needs of both the Experts and Members. After Members authorize viewership, Experts may inquire about the Member’s health information and examination data, whether the Member has measured their body index or abnormal test results, and set return visit reminders for them for remote consultation and health management purposes. Experts may send messages to all or specific groups of Members and actively notify them when there are new announcements. Experts may search for Experts from other specialties on the platform through the Experts function, and consult with them or refer Members. After receiving their Members’ import applications, smart clinics can import the Members’ information and data at the clinic into the APP’s cloud database. The APP will assist the smart clinic to track and remind Members of their return visit.

Usage of Dr.HereOnline and its supported applications are subject to acceptance of these terms of use, and all conditions, policies, and operating procedures that are referred to herein or which may otherwise be published by Lush Era or Dr.HereOnline from time to time.

If You do not agree with these terms of use and/or are not eligible or authorized to agree with these terms of use, then You may not register for any user account on Dr.HereOnline and are not authorized to use any of the 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 are accepting these terms of use and are legally bound by all terms in this Terms of Use agreement.

  1. Registration

While You may access Dr.HereOnline without registering, using any function of the APP as the Expert or Member requires registration with acceptance of the Terms of Use and all associated policies.

By registering, you agree that:

  • You are using Your actual identity, not impersonating any other person or entity.
  • The personal information (full name, identification, email address, mobile phone number, location, date of birth, and address) provided during the registration process is true, accurate, current, and complete.
  • You are required to periodically maintain and update Your registration data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, outdated, or incomplete, or if Lush Era has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Lush Era has 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 to or with any third party. You are responsible for keeping Your password confidential and for notifying us immediately if Your password has been hacked or stolen.
  • You also agree that You will be solely responsible 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 includes 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 reserves the right to deny or revoke access to Dr.HereOnline and its services, or any part thereof, to anyone at any time in its sole discretion, with or without cause.
  • You are solely responsible for all activities that occur 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 result of any unauthorized use of Your account and password.
  • Unless You are a licensed healthcare provider, You cannot register as an Expert of Dr.HereOnline; the user account registered with Dr.HereOnline is considered as the primary Dr.HereOnline account owner.
  • All engagements 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 with regard to 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 the countries and territories.
  1. Dr.HereOnline, its Apps and Services Usage Rules

While using Lush Era's Dr.HereOnline, its Apps, information and services, You agree and acknowledge that:

As an Expert:

  • The services You provided shall be used only for the purpose of satisfying members’ need and complying with the laws and shall not be used for any other purposes.
  • Expert will be able to access the Member's personal health information and examination data only if the Expert has been authorized to do so by the Member.
  • Only licensed healthcare providers can use the Expert App and its services. It is the responsibility of the Experts to ensure that they are in possession of the necessary licenses/certificates required for all the services that they provide, and that the necessary healthcare personnel and resources required to support such services are available.
  • You take complete and sole responsibility in using the Expert user account on Dr.HereOnline.
  • You shall maintain strict confidentiality of 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 the activities under Your account. Dr.HereOnline is only a platform that provides technological tools for the online healthcare services that You choose to provide. Any disputes between You and the Members will be dealt with by You directly. You agree to absolve Lush Era from all/any claims between You, Members and/or end users. You are responsible for keeping 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 the activities implemented on Dr.HereOnline and disclose any information for any law, regulation or government request or legal process.
  • Lush Era takes no responsibility for the information published by Experts on Dr.HereOnline or broadcasted to the Members. Experts are completely liable to ensure that such content is medically correct, original and that it causes no intended or unintended harm to its readers. All content You post shall not violate any law, or in any manner infringe or interfere with the rights of others. They shall not libel or defame any third party, be obscene, harmful, threatening, abusive, vulgar, or inaccurate racially, sexually, ethnically, or are 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 finds that the preceding contents are illegal, offensive, obscene, abusive, commercial in nature, infringing or inappropriate, Lush Era retains 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 action and only enable Your engagement with Experts that You have chosen to consult with. Lush Era does not make endorsements for any Experts. Members are solely responsible for making their own decisions when choosing Experts.
  • In case of urgent medical needs or the occurrence of critical care situations, You are expected to seek immediate physical professional medical attention. Dr.HereOnline, its apps and services cannot replace physical medical services. The services provided by Dr.HereOnline shall only be used to assist Your current healthcare services and to enable You to collaborate better with Your healthcare Experts.
  • The accuracy, integrity and completeness of the health information and examination data You enter or allow to enter 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 authorized can view Your personal health information and data. Lush Era is not reliable for the information transferred or received after the authorized Experts view Your personal health information and data.
  • The clinic may import the health information and examination data produced from its institute 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 only. Lush Era is not responsible for any undesirable outcomes in 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. On 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 to 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 or 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 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 information You post.

  1. Data

Dr.HereOnline securely stores all data, including personal health information and examination data, communication contents, usage data including but not limited to location, device type, operating system, browser, date-time and context usage.

As a Member, You may authorize Your chosen Experts to view your personal health information and saved examination data through Dr.HereOnline, its apps and services in the course of providing You with healthcare services.

By using Dr.HereOnline, its apps and services, all Users authorize Lush Era to perform anonymous analytical procedures on all stored data, in a manner that does not disclose or utilize the identification of any user, to develop analytics with non-identifiable data, to improve and extend Dr.HereOnline services. As a User, You also authorize Lush Era to publish such non-identifiable analytics to promote Dr.HereOnline, its apps and services and to use such analytics in enabling the continuity of healthcare services for Experts and Members.

By using Dr.HereOnline, its apps and services, You agree to store Your data in secure cloud infrastructure located anywhere in the world. All user data is covered by the Lush Era’s Privacy Policy.

  1. Intelligent Analysis of Health Exam

The source of Dr.HereOnline’s Intelligent Analysis for Health Exam (hereafter referred to as “IAHE”) comes from the basic health information and examination data entered by the Members themselves or imported from the smart clinic; hence, Lush Era is not responsible for ensuring the accuracy of the information provided. IAHE is generated by professional medical and healthcare service teams with reference from medical research, and compiled into a personal health analysis report provided to the Member as a health management reference.

IAHE does not serve as medical advice, diagnosis or treatment to particular cases or members, and should not be treated as a substitute for professional medical advice, diagnosis or treatment.

Lush Era is not liable for any error, omission, misstatement or misrepresentation in the information of Dr.HereOnline’s IAHE. Lush Era expressly disclaims and is excluded from any obligation, responsibility or liability of any kind of loss, damage, costs or expenses (whether direct, indirect, additional or consequential) arising from or in respect to IAHE. By using IAHE to obtain a health analysis report, You agree to accept these Terms of Use.

  1. Fees and Payments

All services provided in Dr.HereOnline can be paid by credit card or charged in Credit Points (hereafter referred to as “Points”). The value of each Point is equal to 0.10 US Dollars. The value of other currencies will be listed on Dr.HereOnline website and apps. Lush Era reserves the right to preserve or to revise the Point value to each currency while the exchange rate fluctuates.

Members registered in Dr.HereOnline need to purchase Points for using consultation services within Dr.HereOnline. The rate for consultation services is set by the Experts themselves. Different Experts may set different rates. Members acknowledge and agree that Dr.HereOnline and Experts may modify their fees at any time during the term of these Terms of Use.

Members can register and use the Member app for free to maintain and track their health data. Members need to purchase Points for paid service items on Dr.HereOnline. Such payments can be made to Lush Era using online payment methods like credit card, PayPal or other third-party payment and collection methods. It is possible for an Expert to adjust, modify, revise or upgrade, downgrade or cancel the service fees at any time.

There are no refunds for canceled subscriptions in the midst of a billing cycle. However Points (if any) purchased by a Member will be refunded in the event of the cancellation of using services on Dr.HereOnline.

Experts can set up service fees for their online services such as video consultations, audio call consultations, text-based consultations, picture/file-based consultations, recording file-based consultations, remote caring features, and health management programs on Dr.HereOnline.

Expert accounts can redeem Points when there is a balance of at least 3,000 (US$300 or above).

  1. Privacy Policy

All Users of Dr.HereOnline are bound by the Privacy Policy and personal information protection matters. The Privacy Policy and the regulations of personal information protection matters cover the handling and usage of Your personal health information, examination data, intelligent health analysis report and daily examination data. Lush Era will not handle Your data unless required by Your own access and usage requests and/or that of Experts that You have chosen to consult with. Lush Era takes utmost care to never disclose Your data, unless by Your request or if it becomes unavoidable to comply with legal, statutory or investigative law enforcement requirements.

  1. Third Party Services

Lush Era is not responsible for the accuracy and reliability of health data transferred from health devices and sensors that Dr.HereOnline may interface with. This includes direct device interfaces and also account interfaces of third-party services that You as the User might authorize Dr.HereOnline to connect to. Such interfaces are not indicative of 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 apps and services may include links to other websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for Your convenience only. Lush Era does not endorse these sites or the products and services they provide. You acknowledge and agree that Lush Era is not responsible or liable for the content or accuracy of these sites external to Lush Era.

  1. Updates

Lush Era may change these Terms of Use (and any associated Policies) at any time, at its sole discretion, in whole or part. In the event of any material or substantial change in 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 check these Terms of Use and associated policies for changes. By continuing to use Dr.HereOnline, its apps 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.

  1. 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 derived works of any part of Dr.HereOnline, its apps, 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 the prior written authorization from Lush Era. Attempting to use or access Dr.HereOnline, its apps, services and website for any purposes other than intended as per these Terms of Use is prohibited. Lush Era reserves the right at any time in its sole discretion to block and terminate Users, who violate these terms, in addition to taking legal action where necessary.

  1. Limited Warranty

To the extent allowed by applicable law, Dr.HereOnline, its apps and services are provided “as is” without any warranty of any kind, expressed or implied, and 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 the Dr.HereOnline, its apps and services. Lush Era makes no warranty that the services will be available and accessible, uninterrupted or error-free or otherwise meet Your expectations. This disclaimer of warranty constitutes an essential part of this Terms of Use.

  1. Limitation of liability

The 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; or (iv) any changes which 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 the Users shall apply whether or not Lush Era has been advised or should have been aware of the possibility of any such losses arising.

  1. 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 Uuse, 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 service.

  1. Termination

These Terms of Use take effect at the time You start using Dr.HereOnline, its apps and services in any capacity, until it is terminated as set forth herein.

You may also terminate Your account with Lush Era at any time for any reason by informing Lush Era.

On such 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 to any third party.

On termination of Your account, You will no longer be able to use Your account or services on Dr.HereOnline. Any obligations You may have prior to effective date of termination must be met. 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 in cohort analytics. All applicable sections of this Terms of Use shall survive.

  1. 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), and the matters unrelated to conflict of law principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of Taiwan Taipei District Court. Both You and Dr.HereOnline agreed not to object to such jurisdiction rights and trial location. For any disputes or different opinion when You are using Dr.HereOnline, both parties shall make efforts to negotiate and resolve in a friendly manner; if an agreement cannot be reached, then both parties shall seek to resolve the disputes by applicable laws.

  1. 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, including, but 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.

  1. General Provisions

These Terms of Use contain the entire agreement and understanding with respect to the subject matter thereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter thereof. You may not assign or sub-license any of the rights and obligations under these Terms of Use without prior written consent from Lush Era. Any notices in this regard need to 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 considered by Lush Era in good faith to be of equal standing and integrity provided that material provisions of these Terms of Use shall be 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 held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of these Terms of Use, and these Terms of Use shall continue in full force and effect to the fullest extent allowed by law. You knowingly and expressly consent to the foregoing terms and conditions.

  1. Restriction on Access to Dr.HereOnline

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

  1. Language

These Terms of Use have been translated to other languages. If there is any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail.