MyeHealthPass application (“MyeHealthPass” or “Application”) and related systems (collectively, “MyeHealthPass system”) are researched and developed by Certizen Technology Limited (“Certizen” or Company”). Certizen work with Smart City Consortium (“SCC”, together with the Company, collectively, “we” or “us” or “our”) to develop and co-manage the MyeHealthPass System. Based on the information provided by the users, we will assist users to register and create accounts and passwords in MyeHealthPass System. Upon successful registration, Registered Users can connect with third party organizations, activity organizers, product providers and service providers (collectively, “Organizers”) to participate in the lucky draws, campaigns for products and services, activities, and other promotional activities (collectively, “Promotion Activities”). Further. All information voluntarily provided by users will only be used participate in all kinds of activities .
Before using MyeHealthPass, please carefully study the terms and conditions of MyeHealthPass (“Terms of Service”). The content of Terms of Service is very important. In addition to explaining how we provide services to you and how you can use MyeHealthPass, it also includes important information about your legal rights and obligations when using MyeHealthPass and the limitations, exceptions, applicable laws, rules and regulations that you must comply with. If you are unclear on any of the Terms of Services, please contact us to enquire for details before using MyeHealthPass or any of our services.
Your continuation to access or use MyeHealthPass confirms your consent and acceptance of the Terms of Service, including any future change or amendments to the Terms of Service.
Should you have any question about the Terms of Service, please contact our customer service hotline at 3168 0680 for enquiry within office hours (Monday to Friday, 9 am to 5 pm, not including Saturdays, Sundays and public holidays) or send an email to info@myehealthpass.com.
Effective date: 3rd January 2021
In this Terms of Service, unless the context otherwise specified, the following expressions have the following meaning:
The Group: means the Company, our holding company and its subsidiaries, affiliate companies or other connected entities.
This Agreement: means the agreement concluded between Registered Users and us under the terms, conditions and rules set out in the Terms of Service (including their updates from time to time).
Account: means MyeHealthPass account.
The Service: means the services provided by MyeHealthPass.
The website: means the Group’s websites including without limitation MyeHealthPass website.
You or Client: means Registered Users and/or Organizers and/or Service Providers.
Disclaimer: means the disclaimers as stated in the Terms of Service, including any updates from time to time and are incorporated by reference to the Terms of Service.
Privacy Policy: means the Personal Date Collection Statement and the Privacy Policy Statement (including any updates from time to time) which are incorporated by reference to the Terms of Service.
Cookie Policy: refers to the Company's cookie policy (including any updates from time to time) which are incorporated by reference to the Terms of Service.
Intellectual property: means any patent, copyright, trademark, trade name, service mark, service name, brand trademark, brand name, logo, company name, internet domain name or industrial design, and any registration and applicable pending applications (within the scope of application), any other intellectual property rights (including but not limited to any know-how, trade secrets, trading rights, formulae, conditional or proprietary reports or information, customer or member lists, any marketing data, and related to any of the foregoing licenses or other contracts, and goodwill related to any business that owns, holds, or uses any of the above rights.)
a. By downloading, accessing and/or using MyeHealthPass, you accept and agree to be bound by the Terms of Service.
b. Use of MyeHealthPass requires a compatible mobile device, effective Wi-Fi and internet access. You hereby acknowledge that the actual performance of these factors may affect quality of the Service.
c. MyeHealthPass is intended for use in Hong Kong only and we make no warranty that the Service will be available in places outside Hong Kong.
Use of MyeHealthPass requires you to login to a valid user account which you sign up through the Application. You agree to provide accurate and complete account information when you sign up for an account. You agree to keep all login information confidential and not to disclose to any other person. You agree that you are solely responsible for all activities under your Account.
Upon your download and installation of “MyeHealthPass”, we may from time to time provide updates, fixes, additional functions and features, or add-on components to the Application (collectively, “Updates”). The Term of Service for this Agreement will apply to the Updates, unless we provide additional terms along with the Updates which will also be applied when the Updates are installed and in use. You agree for us to check your version of the Application automatically and send Updates to the Application. We may release newer versions of the Application and require you to update to the most current version.
Subject to your compliance with all applicable laws, regulations and Term of Service, we grant you a limited, personal, non-exclusive, non-transferrable, revocable license to use the Service for your personal, non-commercial use on a mobile device owned or otherwise controlled by you solely in connection with your operation of mobile phone owned by you or by a third party that has authorized your access to the mobile phone and to use the Application.
The license granted in Section 5 is subject to your compliance with the following:
a. You must not attempt to bypass, disable, modify the application or use the Service to attempt or aim to circumvent any security function or any technical measures used to control access to any device, program or service in combination or content, file or the right of other works;
b. You must not decompile, reverse-engineer, decipher, disassemble or otherwise try to access the source code of the Application;
c. You must not rent, lease, sell, sublicense, display, broadcast, transfer or otherwise provide any third parties applications or any features or functions to any third party for any reason;
d. You must not use the Application in any hazardous environment or related systems (including but not limited to aircraft navigations, air traffic control systems or any other transportation systems, safety critical systems such as medical and life support systems, vehicle operation applications, any police, fire department or security response systems);
e. You must not use or make use of the Application or any part of its functionality for the purpose of development or support other external applications, services or internet platforms;
f. You must not use the Application in any environment that are prohibited by the Terms of Service;
g. You must not use the Terms of Service for any illegal purposes; and
h. You must use this Service in accordance with all applicable laws and regulations in Hong Kong, including but not limited to “Personal Data (Privacy) Ordinance” (Chapter 486).
a. You are fully responsible for the upload, transmission, sharing, and publication of all content related to the use of the Application and your Account ("Your Content"). We do not claim ownership of Your Content. We are not obligated to allow access and transmission of Your Content through the Application, and can edit, block or delete Your Content at any time at our sole discretion. You declare and warrant that Your Content does not infringe the rights of us or any third party, or violate any agreement or policy of us or any applicable law. If we suspect a violation of the above-mentioned behavior, we can initiate legal proceedings and cooperate with law enforcement agencies to initiate legal proceedings against the offender
b. You may not record, share, publish, distribute or spread any illegal, defamatory, discriminatory, indecent, obscene or infringing content through the Application.
c. You agree and understand that under the Prevention and Control of Disease (Disclosure of Information) Regulations, (Chapter 599D), if the health officer reasonably believes that you know, possess or control any information; and the information is related to the handling of public health emergencies, the health officer may ask you to provide information about this Application.
a. You acknowledge and agree that the Application is provided to you in accordance with the license, and you only have the right to use the Application in compliance with the Terms of Service. We retain all ownership of the Application, including all copyright, logos, trademarks and other intellectual property rights and proprietary rights in or related to it.
b. You will not assign any of your rights and obligations (in whole or in part) under the Terms of Service.
We have no obligation to and may not provide support to the Application or your Account. We do not guarantee the accessibility of the application or your Account, and your access permission is only granted only if and when it is accessible. Your use of the Application and access to your account may be subject to limitations or occasionally be restricted due to maintenance, upgrading or any other reasons. We maintain the right to suspend your account, access to your content and restrict the your right to use the Application at any time without prior notice.
You fully comprehend and agree the following disclaimers:
a. We perform our obligations related to the Service in accordance with the Terms of Service, and such obligations are limited to providing relevant services with reasonable skills and care.
b. The Group and its subsidiaries, affiliates, senior managers, employees, agents, partners and licensors do not guarantee (i) (although the Group has adopted strict security measures) the Account information you provide will not be illegally used by a third party; (ii) the Services will meet your requirements; (iii) the Service will be uninterrupted, timely, safe or error-free; (iv) the Service will provide accurate and reliable results; (v) the products, services, data of other material that you obtain through the Service will meet your expectation; and (vi) that any errors in the Application will be corrected.
c. You will self-assess the risks associated with any materials downloaded or otherwise obtained through the use of this Service, and you will be fully responsible for any and all damage to the mobile device or data loss.
d. Any oral or written advice or information you obtain from us or this Service does not constitute any guarantee that is not expressly stated in the Terms of Service.
e. Unless we otherwise specify in writing, we provide this Service on a "as is" and "as available" basis. To the maximum extent permissible by applicable laws, we are not responsible for any form of express or implied representations and warranties related to this Application that are not listed in the Terms of Service, including but not limited to: (i) ownership and non-infringement; (ii) this Application will be kept confidential and will not spread any viruses, program errors, Trojan horses or other destructive viruses; and (iii) this Application can meet your requirements or expectations.
f. We have no control over the content uploaded to this Service or any data that is linked to this Service from any third party website, privacy policy or operations and therefore we are not responsible for them in that regard.
g. We do not guarantee the accuracy, functionality of any third party software on our Application. This includes all the information, content, products, services, mobile services and messaging services contained therein or otherwise provided to you.
h. In regard to the website’s functionality, we do not guarantee your satisfaction, the explicit functions, reliability, timeliness, accuracy, completeness, safety and error-free including the means with which we use to provide messages, data, products, services, mobile service or message service. Unless we provide otherwise in writing, we do not make any express or implied statements or warranties, including but not limited to the operation of this website or the information, content, products, services, mobile services, and messaging services contained in or provided to you by us are, of satisfactory quality, suitable for a specific purpose, their reliability, timeliness, accuracy, completeness, safety or error-free.
i. The Application is licensed on the "as is", "include all errors" and "available" basis. The Application publisher represents himself, we (if “we” are not the Application publisher), the wireless carrier that provides the Application through their network, and our respective affiliates, suppliers, agents and vendors (collectively, “Covered Parties“), do not provide any guarantee, assurance, or conditions related to the Application. You bear the entire risk of the quality, safety, comfort and performance of the Application. If the Application proves to be defective, you will bear the full cost of all necessary services or repairs. According to Hong Kong laws, you may have other consumer rights that the Terms of Service cannot be changed. To the maximum extent permitted by law, the Covered Parties exclude any implied warranties or conditions, including warranties or conditions of merchantability, suitability for a specific purpose, safety, comfort, and non-infringement.
j. Regarding any lucky draws or prize collection, Registered Users are required to consult the Organizer of the lucky draws, this app is to assist your participation and registration in the lucky draws. Any issues or conflict that arise from the lucky draws is to be settled between Registered Users and the Organizer, the Application does not bear any role or responsibility. Please note that different Organizers who organize the lucky draws and other promotional activities have their own terms and conditions, and your participation is subject to those terms and conditions, which have nothing to do with us. Hence you are responsible to comprehend and decide its acceptability, whether or not to participate in the Organizer’s activities. Registered Users should understand and decide on their own whether or not to accept, agree to participate in the Promotion Activities organized by the Organizer.
k. We will strive to provide you with the best user experience, but we do not make any guarantees or representations regarding the quality, completeness, correctness, accuracy or suitability of this Application. We are not responsible for any reason, including but not limited to: (i) any errors, inaccuracies, errors or omissions contained in this Application or bear any responsibility or obligations; (ii) any errors, omissions, or omissions in the Terms of Service or its inaccuracy; (iii) unauthorized access or use of our server or any and all information stored in this Application; (iv) transmission of our server is interrupted or stopped; (v) any transmission through this Application errors, viruses, Trojan horse programs or other destructive viruses; and (vi) any loss or damage caused by a third party, market turmoil, policy or legal changes, or circumstances beyond our control, unless the bodily harm or property damages inflicted are caused by our negligence.
a. Unless otherwise stated, all and any intellectual property rights which belongs to the Application, and all related software codes are directly owned by the Company. All other intellectual property rights that appear in the Application / Website but are not owned by the Company are owned by their respective owners; who may or may not be affiliated to, associated with or sponsored by the Company.
b. All legal rights, property rights and interests of the Application, including but not limited to all patents, designs and copyrights stored on this Website (including but not limited to all patents, designs and copyrights, regardless of whether they have been registered or registered rights that may exist anywhere in the world) belongs to the Company (or the Company's authorized person, if applicable) or their respective owning entities. You clearly understand and agree not to do any infringement of such proprietary rights.
c. You confirm and agree that MyeHealthPass and all related software contain proprietary rights and confidential information, and are protected by applicable intellectual property laws. You further confirm and agree that the content contained in the MyeHealthPass advertisement or presented to you through the Application / this Website is protected by copyright, trademark, service mark, patent or all other proprietary rights and laws. Unless expressly authorized by the Company or other third-party rights holders, you agree not to modify, rent, lend, sell, distribute or create any secondary creation based on the content (in whole or in part), unless specially authorized by independent written agreement.
d. You agree that you will not delete, cover up, or change any MyeHealthPass proprietary notices attached or included in this Website (including copyright and trademark notices). Without the written permission of the Company, you may not use any trademarks, service trademarks, business names and logos of any company or organization on this Website. Your use must never or be intended to cause misunderstanding of the identity of the owner or licensor of such trademarks, names or patterns.
e. According to these terms and conditions, the Company grants you personal non-transferable and non-exclusive rights and non-exclusive licenses for you to use the Application / this Website.
f. You clearly understand and agree with the existence of intellectual property and exclusive rights of the Application / this Website and the possibility of further updates or amendments.
a. You clearly understand and agree that the Group is not responsible for any direct, indirect, incidental, special, consequential or exemplary damages to you, including but not limited to damages to income, profits, goodwill, use, property, data loss, privacy and other Intangible loss (even if the Group has been notified of the possibility of such damage) caused by: (i) use or inability to use the Application and the Service; (ii) unauthorized access or modification of your transmission or data; (iii) any third party statements or actions in this Service; or (iv) any other items related to the Service (unless otherwise explicitly stated in the Terms of Service)
b. To the maximum extent permissible by law, the Group’s liability for all claims made by you or any third party is limited to HKD100.
a. Due to the fact that you use the Service as a channel to submit, publish, transfer or any other means provided by the Service to provide your data, in connecting with the Service, if you violate any of the Terms of Service or violate the rights of others causing them to make any claim or request, you agree to indemnify and guarantee that the Group and its subsidiary companies, affiliated corporation, executives, deputies, staff, co-branding or partner and their staff members are not responsible to bear any responsibility to answer to claims or compensation requests made by any third party (including reasonable lawyer fees).
b. You must indemnify and compensate if you violate the Terms of Service or any law and policies that violate the rights of the third party (including but not limited to intellectual property rights) and cause any third party to make claims, demands or litigation (including reasonable litigation fees) or penalty, to prevent damages to be caused on any of the Group’s shareholders, management, directors, agents, employees or consultants.
We reserve all rights to change specifications of the Terms of Service. You agree to check any modifications to the Terms of Services regularly, you can enquire (www.myehealthpass.com) to check for latest updates on the Terms of Service. Upon modifying the Terms of Service, we will state the effective date and its binding to you. If you continue to use the Application after the effective date, you agree to the Terms and Service despite you have yet to read them. If you do not agree with the Terms of Service at any time, you must delete your Account and stop using of the Application.
You agree to abide by all the provisions set out in our "Personal Data Collection Statement" and "Privacy Policy Statement", which can be found on www.myehealthpass.com.
a. Any of our actions, delays or omissions will not affect and have no exemption or waiver of their rights, powers and remedies under the Terms of Service, or any further or other exercise of such rights, powers or remedies. The rights and remedies under the Terms of Service are cumulative and do not exclude the rights and remedies provided by law.
b. Any omission or delay in the exercise of any right, power or legal remedy shall not be regarded or interpreted as a waiver of any such right, power or legal remedy. And any single or partial exercise will not hinder any other or further exercise of this right, power or legal remedy. Except for the rights, powers or legal remedies granted by other laws, any rights, powers or legal remedies listed in this clause will be regarded as accumulative.
Each provision of the Terms of Service is severable and different from other provisions. If at any time, according to the laws of any jurisdiction, one or more of these provisions are in any respect or become illegal, invalid or unenforceable, the legality, validity or enforceability of any terms in the remaining terms will not be affected.
a. These terms constitute the entire agreement between you and us regarding your use of this Application, and replace and supersede any previous or simultaneous agreement, representation, commitment, guarantee, understanding or terms and conditions applicable to this Application by both parties.
b. We have the final right to interpret these terms and the absolute right to deal with any problems caused by these terms.
a. Organizers must submit a copy of their lucky draw license and license number, to connect to MyeHealthPass platform for publishing activities.
b. We can make a unilateral decision to allow Organizers to use MyeHealthPass to connect to the Website to post, upload, submit or transfer activities data (collectively, “Organizer Contents”) . Through the Services provided by the Application, Organizers grant us irrevocable, permanent, non-exclusive, transferable rights and use, check, copy, edit, distribute, sell, transfer and other means of using Organizer Contents. We do not declare the right of ownership to any of the Organizer Contents, and the Terms of Service will not be viewed as a limitation imposed on the Organizer’s use and right to the Organizer Contents.
c. The Application is only available to Organizers who are legally binding entities. Any business registered with us becoming our clients, automatically means they are legally bound to the Terms of Service. Organizers guarantee to us that during the registration period, that all Organizer Contents are accurate and if any change should occur, they are to inform the Company in a timely manner.
d. Organizers admit and agree to bear full responsibility for all programme transfer, broadcast or use of other Organizer Contents on the Application. Hence, the Organizer hereby declare and warrant that : (i) the Organizer is the sole proprietor of the Organizer Contents. The Organizer grants us the right to use and publish all necessary Organizer Contents; and (ii) the Organizer Contents that the Organizer posts, uploads, publishes and submits to us (or any part of it) does not violate, misappropriate the rights, logo, confidential company information, moral rights, or other intellectual property, advertising rights or privacy rights of any third party.
e. Organizers admit and agree that we are under no obligation to scrutinize any Organizer Contents and we do not hold any responsibility in this regard. However, we reserve absolute right to reject any Organizer Contents that violates the Terms of Service, and to remove the Organizer Contents from our website. We reserve further rights (but bear no obligation) to request adjust any Organizer Contents to suit the Application.
f. All Organizer Contents submitted by the Organizer will be checked, approved by us . We reserve discretionary right to refuse any data that does not align with the Terms of Service. However, we do not admit responsibility for damages caused to the Organizer’s design and edit of their data. To make the Organizer Contents compatible with our requirements or format, we reserves the right to edit Organizer Contents using non-material modifications. However, the Organizer needs to be responsible for checking and ensuring the Organizer Contents are accurately represented on the Application.
g. If we decide the need to respond, and regard doing so as necessary for our benefits, we comply with the law to protect the right of the Organizer Contents and respond and or satisfy any law, regulation or government request.
h. Organizer agrees to follow and bear responsibility for Organizer Content and activities, including but not limited to the license photo for the lucky draw activities and other activities endorsed by the government department. We do not bear any responsibility for the Organizer Contents legality and compliance.
i. If we decide that any Organizer: (i) has submitted material that is not suitable; (ii) abuse the system or the Application; (iii) commit serious violation of the Terms of Service; or (iv) receive complaint from any user or third party (and we have verified the truth of the complaints), we reserve the right to remove the Organizer ’s right to use the Application and the Service.
j. When the Organizer Contents are published on the Application, it means the Organizer grants the Group permanent, international, irrevocable, unlimited, non-exclusive, royalty free, fully-paid license, copy permission, permission, sublicense (on multiple levels), adaptation, distribution, showcase, public exhibition, spread, modification or any other method to use beta-copy, photo of any Organizer Contents.
k. We do not bear any responsibility for the violation of the Organizer Contents provided by the Organizer, and the Organizer agrees to compensate and refrain from taking action against any of the Group 's members.
l. In regards to any alleged or actual infringement of the exclusive rights, privacy and publicity rights, moral rights and/or any rights of any relevant Organizer information content, the Organizer hereby waive all the rights to make any claims against us.
m. For any alleged or actual infringement of the proprietary rights, rights of privacy and publicity, moral rights and/or any rights with respect to the Organizer information content, you hereby waive all rights to make claims against us.
n. The names and logos of the Company and the Group are registered trademarks in Hong Kong and other jurisdictions. Except for the above description or prior written permission from the Company, the Company generally does not allow Organizers to use the Company's name and logo. If you want to use the Company's name and/or logo in any other way (including but not limited to any website, business card, sign, etc.), or have other questions, the Organizer can send an email to the Company at info@myehealthpass.com.
o. We reserve the right to remove the Organizer website link that connects to the Application without prior notice. The Company also reserves the right to claim fees for the Organizer’s link with the Application .
p. Registered Users agree that when we facilitate Registered Users to participate in Promotional Activities, their personal data is provided to the respective Organizers but the Organizer is only allowed to handle the data temporarily, the Organizer guarantees the deletion of the data within 90 days following the end of the promotional activity.
You must comply with these terms until you terminate the use of this Application, uninstall this Application and destroy all copies of this Application you own, but that termination under any circumstances will not affect any rights or remedies accrued by both parties immediately before the termination.
Except for you and us, no other person has the right to enforce any provision of the Terms of Service or enjoy the benefits under any provision of the Terms of Service in accordance with the "Contracts (Rights of Third Parties) Ordinance"
a. The Terms of Service are governed by and interpreted in accordance with Hong Kong laws, and both parties irrevocably submit to the exclusive jurisdiction of the Hong Kong courts.
b. If we request in writing, you irrevocably agree to accept the jurisdiction, mediation and arbitration of EBRAM International Online Mediation Center Co., Ltd. ("eBRAM") before filing a legal action in a Hong Kong court.
c. This Terms of Service have both Chinese and English versions. If there is conflict or discrepancies between the two version, the Chinese version shall prevail.
You are advised to install the “MyeHealthPass” Mobile App from Google Play or Apple App Store. Download the “MyeHealthPass” APK file from the “MyeHealthPass” website (this website, https://www.myehealthpass.com) to install the “MyeHealthPass” Mobile App only when Google Play and Apple App Store cannot be accessed. Some functions of “MyeHealthPass” installed by APK may not work properly.
This website is the only authorised channel to download the “MyeHealthPass” APK file to install the “MyeHealthPass” Mobile App. To protect your information, please do not download the “MyeHealthPass” APK file from other channels to install the “MyeHealthPass” Mobile App. If you find any other suspicious websites or inquiries about "MyeHealthPass", please contact us.
Last updated on June 1, 2023