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Terms Of Use

Lush Era Limited (hereafter referred to as "Lush Era") develops and operates an online healthcare collaboration platform (either in the form of supporting web and mobile applications (hereafter referred to as "APP") for healthcare providers and healthcare consumers) (hereafter referred to as "Dr.HereOnline"). These terms of use are between Dr.HereOnline and its users who may be healthcare providers (hereafter referred to as "Expert") or healthcare consumers (hereafter referred to as "Member"), either of which shall hereafter be referred to as "You" or collectively as "Users".

The Dr.HereOnline supports the goal of healthcare by providing:

  • For Member, Dr.HereOnline provides a free and self-owned personal health information (PHI), so that Members can manage and track their personal health data online, and generate a Health Analysis Report in a way that allows them to (should they so choose) share this data to various Experts and caregivers, thus providing a reference view of their overall health. Dr.HereOnline also enable them to search, choose and have the online consultation with selected Experts in various communication methods. Dr.HereOnline provides these capabilities to Members through Member app (mobile devices application).
  • For Expert, Dr.HereOnline provides an Expert App (mobile devices application) that enables them to be accessible to their Members, through mobile services enabling online healthcare consultations and remote Member caring.

Usage of Dr.HereOnline and its supported applications are subject to acceptance of these terms of use. These terms of use are deemed to include Privacy Policy, 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 any of 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 of APP whether as Expert or as Member require registration with acceptance of 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 any one 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 may not register as an Expert of Dr.HereOnline; the user account registered with Dr.HereOnline is considered as the primary Dr.HereOnline account owner.
  • All engagement between a Member and an Expert on the Dr.HereOnline are governed by the Terms Of Use accepted at the time of the User's registration as an User with Dr.HereOnline.
  • As Member, You may not use any service or information on the Dr.HereOnline for any purpose other than managing Your PHI or viewing that of Your immediate family members (with their authorization where necessary) and/or to engage with Experts for genuine healthcare requirements only.
  • Your use and access of Dr.HereOnline, its apps, and services, is entirely at Your own initiative and risk. You are solely responsible for compliance with local, national laws, and regulations in Your respective country with regard to the use of such services. 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 from where it may be accessed.

  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:

  • You shall not use Your Expert APP and any other services of Dr.HereOnline for any purpose other than providing services to Members seeking Your services.
  • Expert will be able to access the Member's Personal Health Information in Dr.HereOnline only if the Expert was authorized to access it.
  • Dr.HereOnline, Expert App and its services can be used only by licensed healthcare providers. It is the sole 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 the necessary healthcare personnel and resources required to support such services are available.
  • You take complete and sole responsibility in using the user account of Expert in Dr.HereOnline.
  • You shall maintain strict confidentiality of Member's data and shall not publish or distribute, in any form, any information contained therein, and/or summaries or subsets thereof to any person or entity.
  • You will be responsible for all the activities under Your account. Dr.HereOnline serves only as a technology enabler 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 and 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 monitor all the activities implemented on Dr.HereOnline and from time to time disclose any information as necessary or appropriate to satisfy any law, regulation or government request or legal process.
  • Lush Era takes no responsibility for healthcare information that may be published by Experts in their Blog on Dr.HereOnline. 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 contents You post shall not violate any law, or in any manner infringe or interfere with the rights of others. They shall not libel, defame any third party or are obscene or harmful/threatening/ abusive/vulgar/ 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 in its sole discretion finds that these contents are illegal, offensive, obscene, abusive or commercial in nature, infringing or inappropriate, Lush Era retains the right to review and delete any content related to any provider. Lush Era takes no responsibility to review content published in Expert’s Blog on Dr.HereOnline.

As a Member:

  • As a Member, You understand that Lush Era and its Dr.HereOnline do not provide medical services in any nature and only enable Your engagement with Experts that You have chosen to consult. Lush Era does not recommend or endorse any Experts. Members are solely responsible for making decisions on their choice of Experts.
  • Your access or use of Dr.HereOnline, its Apps and services does not create in any way, a relationship that may be confidential or privileged or of any kind that would obligate Lush Era, its partners or associated Experts to fulfill any duties towards meeting Your health needs.
  • In the medical emergencies or critical care situations, You are expected to seek immediate professional medical attention and not attempt to use the Dr.HereOnline, its apps and services. The services enabled by the Dr.HereOnline and its apps are only meant to supplement Your existing healthcare services and to enable You to collaborate better with Your Experts, as decided by You.
  • The accuracy, integrity and completeness of the PHI 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.
  • Your use of Dr.HereOnline to engage with Experts is at Your sole risk only. Lush Era shall not be responsible for any undesirable outcomes in Your engagement with Experts and Lush Era does not endorse, recommend or otherwise promote any Experts.
  • Lush Era shall not be 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 researches.
  • Data in Your PHI will be accessible only to the authorized Experts, for the purpose of providing You with healthcare services that You choose.

By using Dr.HereOnline, its apps and services, You unconditionally agree to receive automated mobile or email notifications relevant to system events from the 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 changing technology, domain and the best interests of the Users.

You shall not use the Dr.HereOnline, its apps and services for any purposes other than those intended by Lush Era and as determined by Lush Era in its sole discretion.

Dr.HereOnline is only a means for Experts and Members to interact and to have a channel for Members to avail services offered by Experts in the area of healthcare management. There is no employment (part time or full time), consulting, contractor, joint venture or agency relationship between Lush Era and the Users.

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, 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 equipments 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. You may not use the Dr.HereOnline, its apps and services in any manner that could damage, disable, overload, or impair Lush Era’s servers or networks, or may not 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 and You are 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. 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 PHI data, communications, usage data including but not limited to location, device type, operating system, browser, date-time and context usage.

As a Member, by using Dr.HereOnline, its apps and services, You may authorize Experts that You specifically choose to view your PHI data and health exam data in the course of providing You with healthcare services.

By using Dr.HereOnline, its apps and services, all Users authorize Lush Era to perform anonymized 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 thus be able to improve and extend Dr.HereOnline services based on such analytics. 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 information in Dr.HereOnline’s Intelligent Analysis for Health Exam (hereafter referred to as “IAHE”) is provided by Members directly from their medical health check-up data, 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 researches, then compiled into a health analysis report provided to the Member as a health 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 are charged in Credit Point (hereafter referred to as “Point”) basis. The value of Point is equal to US Dollar 0.10. The value of other currency will be listed in 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 violently.

Members registered in Dr.HereOnline need to purchase Point for usage of services within Dr.HereOnline. The rate of services is set by Experts and will be various between different Experts. 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 Point for continued usage of services on Dr.HereOnline. Such payments can be made to Lush Era using online payment methods like credit card or PayPal or other third-party payment and collection through our secure payment gateway. It is possible for an Expert to adjust, modify, revise or upgrade, and downgrade or cancel the service fees at any time.

There are no refunds for canceled subscriptions in the midst of a billing cycle. However Point (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 in Dr.HereOnline.

Expert account can be redeemed for points at 3,000 or above (US$300 or above).

  1. Privacy Policy

All Users of Dr.HereOnline are also bound by the Privacy Policy. The Privacy Policy covers the handling and usage of Your data, including Your personal health data (in Your PHI) and also Your personally usage 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. 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 ready from health sensors and devices that the 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 interface with. 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 by Experts in their Blog 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 and services, all content and 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, 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 procedure or the medium use, shall require the express prior written authorization of 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, express or implied, and Lush Era hereby disclaims all express 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 OF 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 USE, INCLUDING THE PRIVACY POLICY; 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 breach of these Terms of Use. Lush Era retains the right to use Your anonymized 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 Singapore without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of Singapore District Court. These Terms of Use and associated policies shall be admissible in all legal proceedings. Use of Dr.HereOnline, its apps and services is not authorized in any territory of jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

  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 of the parties 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 of 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 from certain IP addresses from accessing Dr.HereOnline.

  1. Language

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