Last modified: August 22, 2019
Health information means: (i) information about your health which is provided to us by our Partners, including results of tests that they have conducted based on information and samples that you have or have authorised to be provided to them; (ii) information regarding your genotype, generated through processing by our Partners; (iii) any information about yourself that is not contact information, including your disease conditions, other health-related information, personal traits, ethnicity, and other information that you enter into surveys, forms or features or other methods of input on the Enya platform or to our Partners.
Partners means third parties who conduct the business of processing Health Information, with whom we enter into agreements with and rely upon to provide the Service to you. Such third parties may include providers of genome or blood testing services.
Providers means third parties through whom Enya's Services are offered to you, with whom we enter into agreements with. Such third parties may include hospitals, health maintenance organisations and registered medical practitioners. Some Providers may also be our Partners.
Results means information that we provide to you which arises out of or in connect our processing of your Health Information.
Sample Collection Kit means the devices packaged as a Sample Collection Kit that we, our Partners or the Providers may provide to you for the purpose of collecting a blood sample by which Health Information is generated.
Service means the Enya platform and related products, software, services, mobile application and website (including but not limited to text, graphics, images and other material and information) as accessed from time to time by you, regardless of whether you do so in connection with a registration or not. Without limitation to the foregoing, Services also include: (i) processing and analysing any Health Information; (ii) providing access to the Enya platform; (iii) uploading a digital version of Health Information, and providing it for interaction on the Enya platform;
We means Enya Hong Kong Limited, the registered office of which is at Level 12, BOC Group Life Assurance Tower, 136 Des Voeux Road Central, Hong Kong (and us or our or Enya shall have the same meaning).
You means the person accessing or using or attempting to access or use the Service (and your shall have the same meaning).
2.2 Please do not use the Services if you are not of legal age to form a binding contract with us, or if any applicable laws would prevent your Health Information from being provided to us or our Partners.
Changes of Terms
Risks and Considerations
5.1 The Results we provide may have personal impacts upon you or whomever they relate to. Please therefore consider and understand the following risks that you will take on when using the Service:
5.1.1 Please do not act on any information that we provide to you unless and until you have sought the advice of a qualified medical practitioner. The Service and the Results are for research, informational and educational use only. They are at most meant to supplement and assist the work of qualified medical practitioners, and are not meant under any circumstances to replace the work that such qualified medical practitioners do, and in particular the medical advice that they are qualified to give. We do not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, or opinions. If you feel that any information (including the Results) we provide to you is actionable, please understand that such information is for informational purposes only and meant for discussion with a qualified medical practitioner.
5.1.2 You should not assume that any information we may be able to provide to you will be welcomed or positive. Such information may evoke strong emotions and have the potential to lead to changes in your living habits or in your daily routines, as they may review information about your health that you were not previously aware of.
5.1.3 If the information we provide indicates that you are not at an elevated risk for a particular disease or condition, this does not mean you should feel protected from the risk. Likewise, if the information we provide indicates that you are at an elevated risk for a particular disease or condition, this does not mean you will definitely develop the disease or condition. We refer to paragraph 5.1.1 above and ask that you consult a qualified medical practitioner in relation to any health concerns.
5.1.4 The Health Information we receive is processed by our Partners in the first instance. We rely on our Partners to ensure that the information is accurate to the extent possible given the current state of the art in the technology used, and we do not have capabilities to verify the accuracy of Health Information ourselves. We are not liable for any loss or damage you may suffer or incur which is caused by or contributed to by the accuracy of the Health Information we receive.
5.1.5 Please use caution in sharing any of your Results with others, as your Results might in some circumstances be used against your interests. Some jurisdictions may provide legal protections on discrimination based on health or biometric data, but this is not universally so. You may wish to consult a lawyer to understand the legal protections available to you before sharing your Results. Furthermore, please note that Results that you choose to share with a registered medical practitioner or other health care provider may become part of your medical record, and, potentially, be accessible by other health care providers and/or insurance companies in the future. If you are asked by an insurance company regarding any health conditions and you do not disclose material information to them where it exists, this may be considered to be fraud.
Proprietary Rights and Licence
6.1 All trade marks, copyright, database rights, and other intellectual property rights of any nature and in any part of the world in the Service together with the underlying software code are owned directly either by us or by our licensor(s).
6.3 To the extent that you have ownership over any information, data, text, audio, photographs, graphics, video, messages, or other materials and Health Information (together, User Information) that you provide to us for the purpose of using the Service, you retain such ownership. You also retain ownership of the Results. You hereby grant us (or will procure for us) a worldwide, non-exclusive, royalty-free, transferrable and irrevocable licence to use, reproduce, adapt, modify, translate, or sub-licence such User Information and the Results to provide the Service to you.
Conditions of Use
7.1. You represent that you understand that information (including the Results) provided to you pursuant to the Service is not designed to independently diagnose, prevent or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that the Service and the Results are intended for research, informational and educational purposes only, and that if the information (including the Results) provided appear to point to a diagnosis or to a possible treatment, it should always be confirmed and supplemental by additional medical and clinical testing. You acknowledge that our recommendation is always for you to seek the advice of a registered medical practitioner if you have questions or concerns arising from information that is provided to you.
7.2 You represent that you give permission to us and our Partners to perform genotyping services and process samples that you have provided to us via the Sample Collection Kit and that you wish us to disclose the Results to you and to others (as you designate).
7.3 You represent that you are not an insurance company or an employer attempting to obtain information about a person who is or may be insured by you or is an employee.
7.4 You must not, and must not attempt to: use the Service to send or receive electronic communications, which: (a) are defamatory, threatening or which could be classed as harassment; (b) contain obscene, profane or abusive language or material; (c) contain pornographic material (that is text, pictures, images, films, sound or video clips of a sexually explicit or arousing nature); (d) contain offensive or derogatory material including those regarding sex, race, religion, colour, origin, age, physical or mental disability, medical condition and/or sexual orientation; (e) constitute stalking or harassment to any persons; (f) in our reasonable opinion may adversely affect the manner in which we carry out our business; (g) advertise or offer to sell or buy any goods or services for any business purposes; (h) constitute unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (i) are otherwise unlawful, improper, inappropriate or immoral; provide us, our Partners or the Providers with any blood samples which are not your own; use the Sample Collection Kit other than in accordance with its intended purpose; infringe any third party's rights (including intellectual property rights); impersonate any person or entity, including anyone affiliated with us, or falsely state or otherwise misrepresent your affiliation with a person or entity; add your own headers, forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service; use any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use; download any file posted by another user of the Service that you know, or reasonably should know, cannot be legally distributed in such a manner; use manual or automated software, devices, scripts, robots, or other means or processes to access, scape, craw or spider the Service; engage in framing, mirroring, or otherwise simulating the appearance or function of our Service; introduce to the Service viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; gain unauthorized access to the Service or the server on which the Service is based nor any server, computer or database connected to the Service; damage, disable, overburden, impair, interfere with or disrupt the Service or servers or networks connected to the Service, or interfere with any other party's use and enjoyment of the Services; override any security component of the Service; or engage in any activity which constitutes or is capable of constituting a criminal offence, either in Hong Kong or in any country throughout the world.
7.5 Music, video, pictures, text and other content on the internet are copyrighted works and you should not download, alter, e-mail or otherwise use such content unless you are certain that the owner of such works has authorized its use by you.
7.6 As the Services are intended to be used by persons located in Hong Kong only and we do not verify on an individual basis where you are located, you represent that you are located in Hong Kong at the time of using the Services.
7.8 By using the Service, you consent to us collecting and using technical information about the Devices and related software, hardware, and peripherals for services to improve our products and services and to provide the Service to you.
8.1 Registration is required for the use of the Service. You can register for the use of the Service by using the Blockdoc application on your Device to scan the QR code located on the QR code key card in the sample collection kit.
8.2 Payment for the use of our Services is collected and processed on our behalf by the Providers. You are solely responsible for any such payments and we reserve the right to terminate our Services to you in the event that you fail to make such payments.
8.3 You are solely responsible for maintaining the confidentiality of your password and the security of your QR code. You are fully responsible for any and all activities that occur under your password or QR code. If you allow third parties to access the Service through your password or QR code, you indemnify us against any loss or damage suffered or incurred by us as a result of such third parties accessing and/or using the Services through your password or QR code. You must immediately notify us of any unauthorised use of your password or username or any other security breach, and also promptly log out at the end of each session. We are not liable under any circumstances whatsoever for any loss or damage suffered or incurred by you arising out of or in connection with your failure to comply with this Clause 8.
8.4 Two types of membership may be made available: standard membership or premium membership. The Providers may offer you the choice of either standard membership or premium membership, or may instead have pre-selected standard membership or premium membership for you. In either event, please check carefully which type of membership you are entitled to so that you understand which of the following provisions apply to you:
Standard membership: if your membership is a standard membership, then as part of your Results you are entitled to one report per Sample Collection Kit used. The report will only provide information on cardiovascular risk.
Premium membership: if your membership is a premium membership, then as part of your Results you are entitled to more than one report per Sample Collection Kit used. While the first report we deliver to you will only provide information on cardiovascular risk, we may make available to you from time to time further reports which may provide further information as and when they become available. Our Providers such as doctors and DNA sequencing companies are entitled to and reserve the right to charge you for additional payment for each further report should such reports be made available to you.
9.1 We rely on and cooperate with third parties to provide or enhance the Services.
9.2 To provide the Services, we acquire your Health Information from our Partners, for the purpose of processing such Health Information to generate Results that are transmitted to you via the Heathblock platform.
9.3 We may share your Results and Health Information with third parties where you have specifically authorised us to do so. For example, we may provide you with an option to request us to share your Results and Health Information with a registered medical practitioner of your choice. If you request us to do so, we will share your Results and Health Information with that registered medical practitioner. You are responsible for all possible consequences resulting from your sharing (or authorising us to share) with others your Results and Health Information.
9.4 Third parties (such as registered medical practitioners you designate) may also provide content to you via the Service. We do not control the content provided to you by third parties at all times, and do not guarantee the accuracy, integrity or quality of such third-party content. We are not liable for any loss or damage you may suffer arising from such third-party content, including any errors or omissions in such content.
Personal Information Collection Statement
10.1 The Service will only be accessible to you when you connect to the Service by completing an online registration form and submission of your Health Information to our Partners. By doing so, you agree that we may obtain personal data from you including your profile ID, name, gender, birthday, age, phone number, language used, email address, and biometric data such as blood samples.
10.4 Requests for accessing or correction of your Data held by us or any enquiry about such Data can be made in writing to our Privacy Compliance Officer at [email protected]. When making a request or an enquiry, please provide us with your anonymous user id (which can be accessed in the 'Account' tab) so that we are able to identify your request or enquiry and respond appropriately.
Use of The Service
11.1 You agree and acknowledge that we may keep a log of the Internet Protocol (IP) addresses and Mac Addresses of any Devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address. We treat such information with the same degree of security as the Data above.
11.2 You further agree that we are entitled to co-operate with law enforcement authorities, governmental agencies, other authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information that we have and are entitled to provide by law to such law enforcement authorities, governmental agencies, other authorities and/or rights-holders.
Availability of The Service
12.1 The Service is provided as is and on an as available basis. The Services are based on the current state of the art of the technology in use at the time of providing the Services to you. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility or satisfactory quality.
12.2 We do not guarantee that the Service, or any content in it, will always be available or be uninterrupted. Availability of the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
12.3 We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.
12.4 We may (but are not under obligation to) update the Service from time to time and such updates may be automatically downloaded and installed by the software that you use. These updates are designed to improve, enhance and further develop the Service and may take the form of software maintenance updates, patches, and bug fixes. You agree to receive such updates and permit us to deliver them to you as part of your use of the Service. We reserve the right to charge for upgrades which are intended to have new or improved or enhanced functions, as well as new versions of the Service that we designate as an upgrade.
12.5 We accept no liability for any disruption or non-availability of the Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
13.1 In no event will we be liable for any direct, indirect, special, punitive, exemplary, or consequential losses or damages of whatsoever kind arising out of your use of or access to the Service, including but not limited to loss of profit or the like whether or not in the contemplation of the parties or whether based on breach of contract, tort (including negligence), product liability, or otherwise.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service, whether express or implied.
13.3 We are not liable to you for any damage or alteration to any Devices and other equipment, including but not limited to computer equipment, handheld devices or mobile telephones as a result of the installation or use of the Service.
13.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Devices and any programs, data or proprietary material contained in such Devices due to your use of the Service.
14.2 You may terminate your use of the Service at any time for any reason or no reason by notifying us at any time via the appropriate options in the user interface in the `Account` screen. We will then delete your registration for the Service.
Events Outside Our Control
Other Important Terms
Governing Law and Jurisdiction