WEFINE HEALTH TERMS OF USE

 

Effective [Mar-27-2019]

ACCEPTANCE OF THE FOLLOWING TERMS OF USE (“TERMS OF USE”) IS REQUIRED BEFORE USING WEFINE HEALTH TECHNOLOGY CORPORATION’S VARIOUS MOBILE APPLICATIONS (COLLECTIVELY, “THE APPS”).  CAREFULLY READ ALL OF THE TERMS OF USE.  IF YOU DO NOT ACCEPT THE TERMS OF USE BY INDICATING YOUR ACCEPTANCE BELOW, YOU WILL NOT BE PERMITTED TO ACCESS OR USE THE APPS.  THESE TERMS OF USE ARE APPLICABLE TO ALL USERS OF THE APPS.

This Terms of Use Agreement (“Agreement”) is a binding legal contract between you (“you” either an individual or a legal entity) and WeFine Health Technology Corporation (“Wefine” or “we” or “us”). This Agreement governs your access to and use of the Apps.  By downloading, accessing, or using any part of the Apps, you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, WeFine does not grant you the right to use or access the Apps. 

 

WeFine owns and operates Apps that provide access to an online platform for individual remote sessions with Traditional Chinese Medicine (“TCM”) consultants and personalized TCM products. WeFine does not provide any TCM services itself.

All of the consultants accessible through WeFine’s mobile online platform are independent of WeFine and use WeFine’s platform as a way to communicate and provide TCM granules to individuals. Any information, advice, or products received from TCM consultants comes from them alone, and not from WeFine. TCM consultants using the Apps are directly responsible to any individuals to whom they provide TCM consultation, including granules. WeFine does not make any representations or warranties about the training or skill of any TCM consultants who are accessible via the Apps. WeFine provides individuals using the Apps with a list of available TCM consultants based solely on the information that individuals provide to WeFine.

I. Accessing WeFine

 

To register to use our Apps as a TCM consultant, you will be required to submit information including your name, gender, birth date, country, address, telephone number, email address, clinical experience, academic affiliation, education level, working experience, achievements, and research direction. You will also be required to submit, as applicable, a copy of your Acupuncture License, a copy of your Herbal License, a copy of your HIPAA Notice of Privacy Practices, and any other documentation requested by WeFine. You will not be able use the Apps for online consultation as a TCM consultant until you successfully submit all the information and files requested by WeFine. After review of this information, WeFine will determine, in its sole discretion, whether to permit you to use the Apps as a TCM consultant. Your use of the Apps is contingent on obtaining WeFine’s prior approval.  WeFine makes no guarantee or assurance regarding the approval of any particular TCM consultant applicant. To utilize our Apps as a TCM consultant after being approved by WeFine, you must also sign our TCM consultant agreement.

 

By entering any information on our Apps, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

II. Use of the WeFine Apps

If your registration as a TCM consultant is approved by WeFine and you sign the WeFine TCM consultant agreement, then and only then, WeFine grants you the right to access and use our Apps so long as you abide by terms of this Agreement.  This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. WeFine may terminate this right at any time for any reason, in its sole discretion.

You must obtain access to the Internet and pay any applicable service fees associated with such access to use the Apps. In addition, you must provide all equipment necessary for you to access the Internet. You are and will remain solely responsible for the purchase, hookup, installation, loading, operation and maintenance of any hardware, software, telephone (cable or other) service, and the Internet access service to your personal computer and for all related costs. You are solely responsible for scanning your hardware and software for computer viruses and other related problems before you use them. We expressly disclaim any liability or responsibility for any errors or failures relating to the malfunction or failure of your hardware or software in connection with the use of the Apps.

III. License to Use WeFine

If your registration as a TCM consultant is approved by WeFine and you sign the WeFine TCM consultant agreement, then and only then, WeFine grants you a non-transferable, non-exclusive license to access and use our Apps in accordance with the terms of these Terms of Use. You acquire no right to WeFine or to the information and data contained in the Apps by WeFine, except for the right to use such information and data solely for your own personal purposes, pursuant to these Terms of Use. You do not have the right to sublicense, assign or transfer this license, WeFine, the Apps, or the data and output produced by WeFine to a third-party. This license shall terminate immediately upon violation of these Terms of Use. WeFine may terminate this license at any time for any reason, in its sole discretion.

 

Certain features of the Apps are available for a fee, as set forth in the Apps. You agree to pay the required fee, as set forth in the Apps, in order to access those features.

 

IV. Security

You agree to maintain the strict confidentiality of your account and any password and assume responsibility for anyone to whom you provide your account and password information.  At no time will WeFine ask for your password via email. If you believe your account and/or password have been compromised as a result of unauthorized access to the Apps, notify us as soon as possible by contacting us at [info@wefinehealth.com].  Additionally, the security features on our Apps may need to be updated periodically.  You agree to promptly download updates to the App if necessary.

We cannot and will not be liable for any loss or damages arising from your failure to comply with these obligations. Further, you may be responsible for any damages we sustain as a result of unauthorized access to the Apps.      

V. Acceptable Use

WeFine has been created to provide a platform for individuals to access TCM services and products. Notifications of updates to the Apps should not be disabled, and you must install all updates to ensure that the Apps will function correctly and will be kept up to date.

 

You must not use the Apps to harm others or us. For example, you must not use the Apps to harm, threaten, or harass another person, organization, or user of the Apps, or to build a similar web-based platform and/or mobile application. You must not: damage, disable, overburden, or impair our Apps (or any network connected to our Apps); resell or redistribute the Apps or any part of them; use any unauthorized means to modify, reroute, gain access to the Apps or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, or periodic caching of information stored by WeFine) to access or use the Apps.

You agree not to access or use the Apps in an unlawful way, for any unlawful purpose, or for any purposes other than its intended purposes. You agree not to (i) take any action that imposes an unreasonable load on the Apps’ infrastructure, (ii) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Apps or any activity being conducted on the Apps, including any virus, worm, Trojan horse, or other code which is contaminating or destructive to the files or programs of the Apps, (iii) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Apps, or (iv) delete or alter any material posted on the Apps.   

You agree to cooperate with all reasonable requests of WeFine and will notify WeFine promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of WeFine.

VI. Breach

WeFine has the right to suspend or terminate your use of the Apps at any time for any reason, in its sole discretion. You agree that if you breach any term of this Agreement, including the foregoing representations, you will defend and indemnify WeFine and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

VII.IMPORTANT DISCLAIMERS

 

1. DISCLAIMER

 

WEFINE IS NOT A HEALTHCARE PROVIDER OR A MANUFACTURER.  WEFINE PROVIDES A MOBILE ONLINE PLATFORM THROUGH WHICH USERS CAN ACCESS TCM SERVICES AND PRODUCTS.

WEFINE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE TRAINING OR SKILL OF ANY TCM CONSULTANTS WHO PROVIDE SERVICES VIA WEFINE’S PLATFORM. WEFINE DOES NOT GIVE MEDICAL ADVICE TO CUSTOMERS, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES.

YOU ARE DIRECTLY RESPONSIBLE FOR ANY ADVICE, RECOMMENDATIONS, OR PRODUCTS THAT YOU MAKE TO ANY INDIVIDUALS VIA APPS. 

THE PRODUCTS, INCLUDING THE GRANULE, AVAILABLE ON THE APPS ARE NOT MANUFACTURED BY WEFINE. WEFINE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PRODUCTS AVAILABLE VIA WEFINE’S PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR ANY TCM PRODUCTS THAT YOU RECOMMEND TO INDIVIDUALS VIA THE APPS.

2. Disclaimer of Warranties

USE OF THE APPS IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY WEFINE AND THE APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS.  WEFINE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR APPS, WITH OR WITHOUT NOTICE TO YOU.


TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WEFINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.  THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  YOU UNDERSTAND THAT WEFINE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM TE APPS WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. WEFINE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF WEFINE.


WITHOUT LIMITING THE FOREGOING, WEFINE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF OUR APPS OR PRODUCTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VIII. Limitation of Liability

IN NO EVENT SHALL WEFINE BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SYSTEM. WEFINE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE APPS IS AT YOUR OWN RISK.


TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.


IF YOU ARE NOT SATISFIED WITH WEFINE OR THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF WEFINE AND THE APPS.

IX.    Indemnification


You agree to indemnify, defend (subject to WeFine’s right, in its sole discretion, to assume exclusive defense and control), and hold harmless WeFine, its partners, consultants, officers, directors, employees, contractors, and advisors from and against all claims, losses, liability, expenses, damages, judgments, awards, and costs (including reasonable attorney’s fees), related to or arising from (i) any breach of this Agreement, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by WeFine, or (iii) your access or use of the Apps. 


WeFine reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WeFine’s defense of such matter.  
 

X. Intellectual Property

 

All intellectual property rights in the Apps are property of WeFine.  The WeFine name, the WeFine logo and all related names, logos, product and service names, designs, and slogans are trademarks of WeFine. You must not use such marks without the prior written permission of WeFine. WeFine and the Apps, and their entire contents, features, and functionality (including but not limited to all information, software, code, HTML, text, displays, images, graphics, artwork, photographs, video and audio, and the design, selection, and arrangement thereof), are owned by WeFine and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

XI. General

 

1.Governing Law

 

This Agreement shall be governed by the laws of the State of Connecticut applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that the state and federal courts located in Connecticut shall be the sole and exclusive venue for any legal action or proceeding between WeFine and you for any purpose concerning this Agreement or WeFine.  You waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action or claim you may have with respect to the use of the Apps or this Agreement must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.

 

2. Entire Agreement

This Agreement, our Privacy Policy , and the TCM consultant agreement, including HIPAA business associate agreement, as applicable, constitute the sole and entire agreement between you and WeFine with respect to our Apps, products, and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to use of the Apps.

3. Modifications to this Agreement

We may, without advance notice, supplement or change this Agreement at any time. Any changes made to this Agreement will be effective as soon as we post them. By accessing the Apps, you agree to be bound by all the terms and conditions of this Agreement as posted at the time of your access or use.  It is your sole responsibility to review this Agreement each time you access the Apps so that you are aware of any changes to the Agreement. If any change to this Agreement is not acceptable to you, your sole remedy is to cease using the Apps.

4. Modifications to WeFine

We are constantly changing and striving to improve the Apps. We may update the content pertaining to the Apps from time to time. We may add or remove functionalities or features, and we may suspend or stop operation of the Apps altogether.  While it is WeFine’s objective to make the Apps accessible 24 hours per day, 7 days per week, they may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of WeFine, access to the Apps may be interrupted, suspended or terminated from time to time. WeFine shall have the right at any time to change or discontinue any aspect or feature of the Apps, including, but not limited to, functionalities, content, hours of availability, and equipment needed for access or use.

5. No Assignment

You may not assign or transfer any rights to any other person without WeFine’s prior written consent.

6.Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

7.Survival

The provisions of this Agreement titled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Intellectual Property,” “Governing Law,” “Entire Agreement,” “No Assignment,” “Waiver,” “Agreement to Arbitrate,” and “Waiver of Jury Trial and Class Actions” shall survive the termination of this Agreement.

8.Third Parties

This Agreement controls the relationship between WeFine and you.  A person who is not a party to this Agreement has no right to benefit under any term of this Agreement.

9.Waiver

If WeFine does not exercise or enforce any particular right or provision in this Agreement, this does not mean that we are giving up any rights that we may have (such as taking action in the future), and WeFine does not waive that right or provision.

WeFine’s failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Agreement, shall not be considered waiver thereof, which can only be made by a signed writing. No single waiver shall be considered a continuing or permanent waiver.

10.Agreement to Arbitrate

This Agreement provides that all disputes between you and WeFine will be resolved by BINDING ARBITRATION.  You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).  Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.  You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.  Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

Waiver of Jury Trial and Class Actions

​BY ENTERING INTO THIS AGREEMENT, YOU AND WEFINE ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND WEFINE AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED IN APPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND WEFINE, BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

11.Your Comments and Concerns

Please direct all feedback, comments, requests for technical support, and other communications relating to WeFine and our Apps to:

Email: info@wefinehealth.com

Address: 157 Church St, Floor 19, New Haven, CT 06510

Phone: (475)655-3125

© 2018 by WeFine Health Technology Corporation