Kairy Terms of Use

Last updated 29 December, 2017

Kairy Limited (“Kairy”, “we”, “us” and terms of similar meaning) provides this application (the “App”) to you subject to these terms of use (the “Terms”).

Please read these Terms carefully before using the App. By using and/or accessing the App, you agree to be legally bound by all terms and conditions set out herein. If you do not agree with the Terms in their entirety, you shall cease using the App immediately.

The App is not designed nor intended to provide medical or pharmaceutical information or be deemed to be medical advice of healthcare professionals. The App is instead designed as a supporting application for parents and caregivers of children and adults with epilepsy and/or other special needs, and for adults with epilepsy, medical health conditions and/or other special needs to better manage, record and monitor their bodily conditions and their daily medications, diets, and treatments. The App aims to assist parents, caregivers, and/or patients to take control of and manage health care data of the children, patients, and/or themselves.

WE ARE NOT HEALTH CARE PROVIDERS AND WE DO NOT PROVIDE ANY MEDICAL OR PHARMACEUTICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CONTACT YOUR DOCTOR OR CALL 999 OR THE RELEVANT EMERGENCY HOTLINE IN YOUR AREA FOR HELP.

1. Services

The App provides an online service for the inputting, storing, managing, and organizing of information in respect of your personal care and/or the care of your children (“Service(s)”). Additionally, the App provides you an option to use the Services individually or together with a wristband device (“Wristband”) to directly monitor you or your child’s bodily state and transmit the collected data to the Kairy network via your mobile device.

2. Users

When you register for access to the Services you will automatically become a “User” of the App. Users shall be entitled to create one or more care profiles in which you will be asked to input and record information such as age, name of prescribed drugs, daily habits, dosage, and other prescriptions or treatments. Such profiles may relate to you or your child, parent, or other persons you are caring for. Users may also invite third-party caregivers to access the profiles, of which by accepting the invitation, the third-party caregiver shall be required to register with the App and become a User. You shall be responsible for monitoring all content uploaded to your profiles, whether by yourself or by the third-party caregiver whom you have granted access of the profiles to. If you create a profile on behalf of another person, you agree that you are authorized by such person to create and manage the profile on such person’s behalf, and to take actions in relation to the same.

By accessing and using the App, a User represents and warrants that:-

a) any and all content and/or information submitted is truthful and accurate to the best of their knowledge and belief;
b) the User himself or herself will maintain the accuracy of such information;
c) the use of the App will comply with and does not violate any applicable law, regulation, order or guideline; and
d) the User himself or herself consents to receiving messages and promotional material offering in-App purchases.

3. Who Can Use the App

Any child under 14 years of age must seek parental guidance and approval prior to using the App. If you are using the App for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or legal guardians’ consent, including their consent to our Privacy Policy found here. If you discover that your child has been using the App without your consent, or that someone has been using the App for or on behalf of your child without your consent, please contact us immediately at info@kairy.io. Children under 14 years of age must be supervised by their parents at all times when using the App and/or Wristband, and under no circumstances shall children under 4 years old be allowed to use the Wristband.

4. Secondary Reminder Tool

Our Services include a reminder system where Users can personalize in respect of recording and being reminded of medications, special diets, activities, etc. However, Users should not and must not rely on the App as the primary tool for determining whether and when to do the same as the App may not function as intended at all times. Users shall also note that the App may not function properly if the device corresponding to the App is powered off or damaged, if the software of the App is not enabled on such device, or if any hardware or software on the device prevents the App from operating correctly. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the App and the utility of any of its alerts or notifications, depend on information that you input into the App. You are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. Persons using the App assume full responsibility for the use of the App and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the App.

5. Privacy Policy

Please refer to Kairy’s privacy policy, available here (the “Privacy Policy”) for information on how the App collects, uses and discloses personal information through the App. We take very seriously both the protection of your private health information and your ability to control and access such information, and will only use or disclose your information in accordance with our Privacy Policy. By using the App you agree to our use, collection and disclosure of personal information in accordance with the Privacy Policy and the Hong Kong Personal Data (Privacy) Ordinance (Cap 486).

6. Limitation of Liability

Users waive and shall not assert any claims or allegations of any nature whatsoever against Kairy or its respective directors, agents or employees (collectively, the “Released Party”) arising out of or in any way relating to your use of the App, its content including the Services and any other feature, or the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of App’s content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the App. You use the App and the Services entirely at your own risk and shall not rely independently on any information, data, or records in the App directly and Users shall at all times verify from independent third party medical professionals as to the veracity of any statements or records made in the App.

Without limitation of the foregoing, the Released Party shall not be liable for damages of any kind, including but not limited to tangible and intangible losses or other economic loss, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the App or the Services, including without limitation any damages caused by or resulting from: –

a) your use or inability to use the App or any Services;

b) any loss or corruption of your Profile Content, or for any costs or expenses associated with backing up or restoring any of your Profile Content;

c) any third party claims arising from the use by you of the App or any of the Services violates any third party intellectual property right or privacy right;

d) any leakage of the User’s personal information without the User’s prior consent;

e) any failure of performance of the App or the Services, whether related to mistakes, errors, collection, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses or any failure of performance (whether or not resulting from acts of god, communication failure, theft, destruction or unauthorized access to Kairy or any other Released Party’s records, programs or services); or

f) any other matters relating to this App, the App’s content or the Services, based on contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not Kairy had any knowledge, actual or constructive, that you might incur such damages.

The aggregated liability of Kairy, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App shall not exceed any consideration paid by you for access to or use of the App or the Services during the 3 months prior to the date of any such claim.

7. Disclaimers

The Service and the App’s content are provided “as is”, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Service. You acknowledge and agree that if you rely on the Service, you do so solely at your own risk.

8. Indemnity

You shall fully defend, indemnify and hold harmless Kairy and the other Released Party from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the App and from the use of the App by any person to whom you give access to your account, including any claims made by any person that any content in your profiles infringes the Privacy Policy clauses or the rights including without limitation the intellectual property rights, of any third party.

9. Applicable Law and Venue

You and Kairy explicitly agree that all disputes, claims or other matters arising from or relating to your use of the App will be governed by the laws of Hong Kong applicable therein.

10. Termination/Modification of License

Notwithstanding any provision of these Terms, Kairy reserves the right to, at any time without notice and liability to you, and at its sole discretion: –

a) terminate your license to use the App, or any portion thereof;

b) block or prevent your future access to and use of all or any portion of the App or the Services;

c) change, suspend or discontinue any aspect of the App or the Services; and

d) impose limits on the App or the Services.

11. Termination

If you breach any of these Terms, Kairy reserves the right to deactivate your account or terminate these Terms and your use of the App at any time and without notice or liability to you. You may terminate your use of the App at any time by disabling your account. Upon any termination, deactivation or discontinuation, Kairy may delete any data assigned to your account at its own discretion and without notice to you.

12. Electronic Contracting and Notice

Your affirmative act of using this App and/or registering for the App constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

13. Modifications of these Terms

We reserve the right, at our sole discretion, to update, change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the App, at any time and for any reason, without notice or liability to you or any third party. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the App, and your continued use of the App after such time will constitute your unconditional acceptance of such updates, changes or modifications. If you do not agree to any amended Terms, you must stop using the App. For these reasons, we encourage you to periodically review these Terms. If you have any questions about the Terms, please email us at the contact address below.

14. General

The failure of Kairy to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kairy. Except as expressly set forth in these Terms, the exercise by either party of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

15. Entire Agreement

These Terms constitute the entire agreement between you and Kairy regarding your use of the App, and supersede and replace all prior or contemporaneous communications whether electronic, oral or written between you and Kairy regarding your use of the App. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms. The parties confirm that it is their wish that these Terms, and any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.

16. Questions and Comments

If you have any questions or comments regarding these Terms or your use of the App, please contact us at info@kairy.io.