Sinocare iCan Review Terms of Use

PREAMBLE

These terms of use (as updated from time to time, the “ToU”) of Changsha Sinocare Inc. (“Sinocare”, “we”, “us”) apply to the registration of a user account (“User Account”) for the access to and use of the iCan Review Healthcare Service Management System software (“iCan Review”) and stipulate the terms and conditions for the use of iCan Review. iCan Review is a cloud based software solution that supports and facilitates healthcare professionals, physicians, healthcare service providers and their teams (“Health Care Professionals”) to obtain, evaluate, review and analyze their diabetes patients’ glucose data in order to provide their patients with proper and improved medical treatment with regard to their diabetes. iCan Review is a glucose monitoring and management solution providing visual charts, professional algorithms and user-friendly interfaces that provides Health Care Professionals with comprehensive, convenient and accurate glucose data for a more effective and efficient diabetes management and treatment of the patient.

 

These ToU, applicable to the registration of a User Account and the access to and use of iCan Review by Health Care Professionals, shall exclusively govern the relationship between Health Care Professionals who registered a User Account for the access to and use of iCan Review (the “User”) and Sinocare. In the relationship between the User and Sinocare, these ToU apply exclusively to the access to and use of iCan Review. The application of terms and conditions of the User is expressly rejected, even if the User expressly refers to their application. The registration of a User Account is exclusively available for Health Care Professionals. Consumers and patients may not register for the use of iCan Review but may share certain data with a User through their iCAN APP. By using iCan Review, you represent, acknowledge and agree that you are a Professional User and are duly authorized to use iCan Review and to create a Professional User account in iCan Review and that you also have the appropriate authority to create a practice and link other professionals within your practice, and also create patient profiles that will be shared with and utilized by Sinocare.

1. Scope

1.1 Subject to these ToU, Sinocare offers to Users to register a User Account and use iCan Review in accordance with these ToU in order to provide their patients with a more effective and efficient diabetes management and to improve the treatment of the patient and its diabetes. The ToU stipulate the terms and conditions for the registration of a User Account and the use of Sinocare’s iCan Review. The ToU constitute the user agreement for the use of iCan Review between the User and Sinocare after the registration of a User Account (“User Agreement”).

1.2 These ToU govern the mutual rights and obligations with respect to the provision and use of iCan Review.

1.3 iCan Review is not interned for the diagnosis of or screening for  DIABETES MELLITUS.

1.4 Sinocare is not a healthcare professional and does not provide medical, health or other professional services or advice in relation to the User or its patients. We do not verify the accuracy of the data that is shared with the User by its patients. Neither Sinocare nor any of its affiliated companies are responsible or liable for any diagnosis, decision, or assessment made by a User or any injuries a User may incur as a result of any decisions made based on the content of iCan Review.

1.5 The use of iCan Review and the displayed visual charts and professional algorithms do not replace the patients’ proper healthcare and the regular consultation with Health Care Professionals. The visual charts and professional algorithms do not replace or make redundant the proper review, analysis, evaluation and interpretation of the patients’ glucose data and other data provided by the patients by a Health Care Professional and its team. Sinocare cannot give appropriate medical advice or recommendations but recommends that patients of the User consult the User at any time the patient feels unwell or considers it necessary. The User is obliged to inform its patients of this scope and that they should consult with him or her in case of any questions or when feeling unwell and, in urgent or life-threatening cases, should dial the local emergency number of the country where they are currently located.

1.6 Successfully registered Users of iCan Review may invite their patients to share certain glucose data with them by enabling the transmission of the glucose data collected by their iCAN APP to iCan Review. The glucose data of the patient that is transmitted to iCan Review with the patients’ consent include the patients’ latest glucose values, the monitoring time, the remaining time of their device, their latest glucose curve as well as recorded events such as diets, exercises and insulin dose, and their glucose report in the form of their continuous glucose evaluation report (“HCP Glucose Data”). Further, at the User’s invitation through iCan Review, the Users’ patients may consent to the transmission of their basic patient information, which include their name, email address, date of birth, gender and type of diabetes (“Basic Patient Information”).

1.7 Upon successful completion of the registration of a User Account, iCan Review is accessible at:iCan Review .

2. Description of Sinocare Services and iCan Review

2.1 Upon the successful completion of the registration of a User Account as set out in section 3, Sinocare grants the User access to iCan Review and the User receives a non-exclusive, non-transferable, non-assignable, non-permanent, limited right to access and use iCan Review for patient monitoring and advice purposes in accordance with these ToU and the applicable laws (“Sinocare Services”).

 

2.2 Upon successful completion of the registration of a User Account as set out in section 3 of these ToU, Sinocare will provide the User with access to iCan Review and the Sinocare Services in its latest version and its current state. iCan Review is a glucose monitoring and management solution providing visual charts, professional algorithms and user-friendly interfaces that provide Health Care Professionals with comprehensive, convenient and accurate glucose data for a more effective and efficient diabetes management and treatment of the patient. When access to iCan Review is granted, it has the following basic features:

 

  1. The Workbench, which displays glucose cards of patients who have accepted the Users invitation to share their HCP Glucose Data and Basic Patient Information and who are currently under monitoring of the User and his healthcare team.                        
  2. The Patient Management Tool, which enables the User to:
    • create and manage a patient list, to view and manage the User’s patient invitation record,
    • invite patients to share their HCP Glucose Data and Basic Patient Information,
    • view and use a patient details page for each patient who has accepted the User’s invitation to share his or her HCP Glucose Data and Basic Patient Information,
    • access and view patients’ daily glucose level and values,
    • view and export patient glucose reports and glucose data,
    • view the history records of exported patient data
    • view, amend, edit and supplement patient details and take notes associated with a particular patient,
    • set glucose targets and threshold for patients, and
    • remove patients.             
  3. The Healthcare Team Management tool, which enables the User to
    • create and manage its healthcare team supporting with the treatment of the patients,
    • access different healthcare teams,
    • view healthcare team information, and
    • invite healthcare professionals to join a healthcare team.                   
  4. The Message and Download Center, which enables the User to
    • view and access the notice of system messages, and
    • view and access the information of download records.              

2.3 The data transmitted by the patients to iCan Review is not transmitted in real time but with a slight delay and subject to a working and stable mobile internet connection of the patient. iCan Review is not designed to provide real-time data and real-time monitoring of the patient, but is primarily designed to allow and enable Users to perform long term monitoring and receive long term reports related to the patients’ diabetes.

 

2.4 Sinocare is entitled to introduce additional features and functions (“Upgrades”) which may be only available upon payment of an additional fee. Such Upgrades may be subject to additional terms and conditions. If any such additional terms or fees accrue, Sinocare will inform the User accordingly of the applicable terms and fees prior to the purchase of any Upgrades.

3. Registration Process and User Account

3.1 Users are only entitled to register a User Account if they are at least 18 years old, or at the age at which they have the legal capacity under the national law of their habitual residence, and if they are a certified Health Care Professional. 3.2 During the registration process for a User Account, Users must accept these ToU and confirm that they have taken note of Sinocare’s Privacy Notice for iCan Review, which can be found at iCan Reveiw Privacy Notice. We only use cookies for the sole purpose of carrying out the transmission of a communication over an electronic communications network. 3.3 When registering a User Account, Users must choose their country or region and provide the following information during the registration process (“Account Data”):
  1. first and last name,
  2. work address and a detailed address (i.e. addresses including specific information such as street, block and door number),
  3. phone number,
  4. email address;
  5. a user name and an individual password
The provided information must be correct and the User must be the rightful owner of the email address. 3.4 For logging in to his/her User Account, the User will after initial registration be prompted in the future to provide only his/her email address or his/her user name and his/her individual password. 3.5 Users are obliged to keep their login data, in particular their user name and individual password secret and carefully secure access to the User Account. Users shall ensure that no third parties have access to the User Account. The User are responsible for allactivities that occur under the account, regardless of whether the activities are authorized by the User or undertaken by the User, The User must inform Sinocare immediately, if he becomes aware of the loss of login credentials or if there are indications that the User Account has been misused. Such notice must include the User’s email address and user name and may be sent to iCansupport@sinocare.com. Sinocare is  not responsible for any lost, stolen or compromised passwords or for any activity on iCan Review account from unauthorized users or for any losses arising out of or in connection with the unauthorized use of iCan Review account where caused by the User. If there is a violation of any of the security requirements by the User or other professional users in a practice that the User create, that violation may be considered a breach of these ToU and may result in the immediate loss of iCan Review account. 3.6 If and to the extent that a User grants access to his/her User Account to his/her duly authorized representatives and agents working on behalf of their clinical practice , the User shall ensure that these employees and personnel adhere to these ToU and comply with applicable laws, rules and regulations when using Sinocare Services and iCan Review. Any violations of these ToU or applicable laws rules or regulations by the User’s employees or personnel will be treated as they were the User’s own violations. 3.7 Sinocare reserves the right to delete the provided Account Data after a reasonable time, if the registration process fails, remains incomplete or is cancelled. 3.8 The User Account is not transferrable to a third party, as it is bound to the User, who indicated the Account Data during the registration process and successfully completed the registration. 3.9 In case the User Agreement is terminated by Sinocare or the User according to Section 8 of these ToU, the right to use and log in to iCan Review expires automatically and immediately. Sinocare is then entitled to suspend the User Account immediately and delete the data associated with the User Account within a reasonable period of time, subject to retention obligations under applicable laws.

4. Use of iCan Review

4.1 The User is obliged to use iCan Review solely for the purposes defined in these ToU and in accordance with these ToU. In particular, any kind of use is prohibited that may lead to damage to iCan Review, Sinocare’s IT infrastructure (including its cloud servers), its distributors, third parties, other Users of iCan Review or the iCAN APP, violate statutory legal provisions or infringe any third party rights (e.g. intellectual property rights, data privacy rights). Users are not permitted to use iCan Review in a manner that is suitable to harm Sinocare, its distributors, other Users, third parties or to take advantage of or threaten the operation of iCan Review or Sinocare’s IT infrastructure (including its cloud servers).

 

4.2 Sinocare owns and retains all rights, in particular intellectual property rights, title and interest in and to iCan Review and all respective usage rights to iCan Review. The User is entitled during the term of the User Agreement on a non-exclusive, non-permanent and non-transferable basis to use iCan Review and its features in accordance with these ToU as well as the potentially applicable additional terms and conditions for Upgrades and the applicable law. The User shall be not entitled to:

 

  1. use the HCP Glucose Data and Basic Patient Information in any way without Patients’ informed, voluntary or, as necessary, explicit consent, or when the Userdeem it necessary to protect Patients’ vital interests and will comply with any additional requirements arising under local data protection, privacy, health or related laws.                         
  2. use or attempt to use any unauthorized means to modify, reroute, or gain access to Sinocare Services or the HCP Glucose Data and Basic Patient Information that is stored on Sinocare’s cloud server or in the iCAN APP of the patient;                    
  3. enable unauthorized third party applications, hardware or software to access, interfere with, or modify iCan Review;                   
  4. sublicense any of the User’s rights under these ToU to a third party;                       
  5. modify, copy, dissemble, decompile, translate, decode, edit, distribute, or make iCan Review publicly available or create derivative works of it, unless expressly permitted by law;                          
  6. reverse engineer or derive the source code of iCan Review, unless expressly permitted by law; or                              
  7. use any automated means, processes or services to access or use Sinocare Services, or to copy or scrape any data from the Sinocare Services and iCan Review without the patient’s and Sinocare’s authorization.        

4.3 The User is solely responsible to ensure that its IT infrastructure and systems meets the technical requirements for the use of iCan Review.

 

4.4 The User is obliged to comply with and ensure compliance with all legal requirements applicable to him/her as a Health Care Professional, in particular documentation and information obligations in relation to his/her patients. Sinocare does not guarantee or warrant that iCan Review provides these functionalities.

 

4.5 iCan Review is expressly NOT intended to function as general patient management software in which complete patient records can be created that meet the legal requirements applicable to Health Care Professionals. Users must print and/or download patient information that Users deem relevant to their provision of medical care, treatment or advice.

5. Supply of iCan Review

5.1 iCan Review is a cloud based software solution for Health Care Professionals, which is supplied by Sinocare through its cloud server hosted on Amazon Web Services (“AWS”). Due to the use of AWS, the user is also obliged to comply with the terms of use set out in the latest version of the AWS terms of use. The current terms of use can be found in various languages at the following link: https://aws.amazon.com/de/agreement/. The current English version of the AWS terms use can be found at the following link: https://aws.amazon.com/agreement/?nc1=h_ls.

 

5.2 iCan Review is supplied exclusively via Sinocare’s cloud services and is installed and set up exclusively on Sinocare’s cloud server and remains on the cloud server, which is accessible to the customer via the internet after conclusion this User Agreement and acceptance of these ToU. Sinocare will provide iCan Review at the router output of the data center where Sinocare has rented the cloud server (AWS) (“Transfer Point”). Except when agreed otherwise, Sinocare is explicitly not obliged to make iCan Review available beyond this Transfer Point.

 

5.3 Sinocare is not responsible for the establishment, setup and maintenance of the connection between the User’s IT system and the cloud server used by Sinocare to provide iCan Review. The User is solely responsible for the establishment, setup and maintenance of the connection from the User’s IT system to the cloud server (i.e. the Transfer Point) used to provide iCan Review.

 

5.4 Sinocare is entitled to redefine the Transfer Point if this is necessary for smooth access to iCan Review and the Sinocare Services.

 

5.5 Upon completion of the registration process for a User Account, the User will be able to access iCan Review through its web browser by entering its login data.

6. Provision of Storage Space

6.1 Sinocare provides the User with storage space in a reasonable product specific scope on a data server of Sinocare or AWS or another third party service provider contracted by Sinocare in connection with the provision and use of iCan Review. The storage space is available to the User to upload and store certain patient data that is required for the use of iCan Review. The storage space is provided to the User free of charge.

 

6.2 Sinocare is only responsible for providing storage space for the storage and upload of patient data uploaded by the User in connection with their use of iCan Review. Sinocare will take appropriate precautions in line with the state of the art to prevent data loss and to prevent unauthorized access to the Users’ data by third parties. Sinocare shall have no other duties in relation to the data provided by the User.

 

6.3 The User is obliged to perform own back ups of the data provided by the patient or uploaded by the User.

 

6.4 The User shall not store or upload any content to the storage space if the provision, publishing or use of such content violates applicable law, regulatory or administrative requirements or third party rights. In addition, the User shall scan his/her data for viruses and other harmful components before uploading and use current and state-of-the-art measures, such as updated anti-virus programs, for this purpose.

 

6.5 The User shall not provide or share the storage space with third parties.

7. Warranty and Liability

7.1 Sinocare warrants that iCan Review conforms to the subjective and objective conformity requirements agreed between Sinocare and the User upon successful completion of the registration process for a User Account.

 

7.2 Insofar as iCan Review does not meet the subjective and objective conformity requirements as stipulated in these ToU, the User shall be entitled to the statutory warranty claims such as subsequent performance, revocation of the contract, reduction of the purchase price (if any), or damages, provided that the prerequisites of these provisions are met.

 

7.3 In the event that iCan Review is not provided following successful completion of the registration process, Users may terminate the User Agreement provided that Users have previously given Sinocare written notice to provide iCan Review, except where such notice is not required under applicable laws.

 

7.4 During the term of this User Agreement, Sinocare will regularly update iCan Review to keep iCan Review and its functions in accordance with this User Agreement, including (critical) security updates (“Updates”).

 

7.5 Sinocare will provide Updates for iCan Review as of the initial provision of the software to an individual User and as long as Sinocare provides iCan Review to its Users. The maximum eligibility of an individual User to receive Updates ends with the termination of the User Agreement pursuant to Section 8 of these ToU or with the end of the provision of iCan Review (whichever is earlier).

 

7.6 Sinocare informs the User of available Updates by a corresponding notice in iCan Review in the “About” interface.

 

7.7 The liability under statutory law (regardless of the legal basis) of Sinocare and its legal representatives and vicarious agents is limited to damages (a) resulting from intent and gross negligence of Sinocare, its legal representatives or vicarious agents, (b) to life, body or health or (c) resulting from the culpable breach of material contractual obligations, i.e. obligations the fulfillment of which is a prerequisite for the due performance of the contract or the breach of which jeopardizes the realization of the purpose of the contract and compliance with which the other party may regularly rely on. In the latter case the liability shall be limited in case of slight negligence to the damage which was typically foreseeable at the time of contract conclusion.

 

7.8 The User expressly acknowledge and agree that use of iCan Review is at his/her sole risk and that to the extent permitted by law, the entire riskas to satisfactory quality, performance, accuracy andeffort is with the User. Any content included in the iCan Review is for the purpose of providing information only. Although Sinocare believes the data displayed to be accurate as at the time it is transmitted to the iCan Review, Sinocaret makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information. In no event will Sinocare be liable to the User for any losses from mistakes, omissions or delays in transmission of information, or from interruptions in telecommunications connections to the iCan Review.

 

7.9 To the maximum extent permitted by applicable law, in no event shall Sinocare,its affiliates or its third party providers be liable to the (or patient, employee, contractors, agents)for monetary damages, includnig any special, incidental, indirect or consquestial damages whatsoever  (including but not  limited to damages for loss of profits, for loss of data or other infomation.for business interrupton, for personal injury,for loss of privacy arising out of or in any way related to the use of or inabilty to use the iCan Review.

 

7.10 Subject to Section 7.7, Sinocare’s liability for the loss of data is limited to the effort for retrieval that would have occurred in case of regular and proper back-ups. The User is solely responsible for conducting the back-ups of the data that they entered or uploaded to Sinocare’s cloud servers through the use of iCan Review. The User is also solely responsible for saving any information required for evidence, accounting or other purposes and to comply with its retention and documentation obligations as a health care professional on a storage device independent of Sinocare’s services.

 

7.11 In all other respects, liability of Sinocare shall be excluded.

 

7.12 The User guarantees that it will not violate any rights of third parties while using iCan Review, in particular with regard to the protection of personal data of third parties. If a third party takes action against Sinocare, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors for infringement of its rights due to the User’s use of iCan Review, the User shall indemnify Sinocare, its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors against all claims, including the costs of an appropriate legal defense, up to the statutory amount. If an indemnity is not permissible in the external relationship with the third party, the indemnity obligation shall apply internally between the User and Sinocare or its affiliates and their respective officers, directors, employees, agents, successors, assigns and licensors.

8. Term, Termination and Suspension

8.1 These ToU become binding upon successful completion of the registration process of a User Account and acceptance of these ToU by the User during the registration process. The User Agreement for the supply of iCan Review and the provision of Sinocare Services is concluded for an indefinite term.   8.2 The iCAN APP user can at any time restrict and withdraw access of the User to his/her HCP Glucose Data and the Basic Patient Information.   8.3 The User may terminate the User Agreement at any time by either sending a termination in text form via email to iCansupport@sinocare.com. or by terminating and closing the User Account in the account settings of the iCan Review user interface by using the cancel button in the “Cancel Account” section.   8.4 The termination of the User Agreement and associated cancellation and closing of the User Account is an irreversible action, which will cause that the User will, upon termination, no longer be eligible to use the User Account to access, recover or retrieve any content, information or data stored in his/her User Account. Subject to statutory retention obligations applicable to Sinocare, after terminating the User Agreement and cancelling and terminating the User Account, Sinocare will delete all data, content and information (including personal data) associated with and stored in the Users’ User Account. The User is obliged to perform any backups of data, content and information he wishes to retain after the termination of the User Agreement.   8.5 Sinocare may terminate the User Agreement at any time with a notice period of 30 days to the end of the month in text form without specifying any reasons.   8.6 If Sinocare has concrete indications of violations of the User against legal provisions (in particular applicable data protection laws) or against obligations under these ToU, or the User is not a Profesional User,Sinocare may suspend the respective User Account until it is ensured that no further violations are committed. This applies in particular, if Sinocare has concrete indications that  
  1. the User transfers the User Account to a third party or grant a third party access to the User Account;
  2. the User uses iCan Review in a manner that may cause damage to iCan Review or Sinocare’s IT infrastructure (including its cloud servers);
  3. upload, download, email, transmit, store or otherwise make available any data or other information from children (any person under the age of 18 or such other age as local law defines as a child)unless you have obtained the consent of the child’s parent/guardian;
  4. upload, download, email, transmit, store or otherwise make available any data that is unlawful, harmful, tortious, invasive of another’s privacy or otherwise objectionable;
  5. pretend to be anyone that you are not or misrepresent who you are or otherwise misrepresent your affiliation with any person (including a child or HCP). Sinocarereserves the right to reject or block any iCan Review Data Management System account or email address that could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity, or that has been used to hijack another user’s data;
  6. the User continues the usage of iCan Review after the termination of the User Agreement；
  7. in the event of a termination for good cause; or
  8. where Sinocare is obliged to take corresponding measures against the User due to the receipt of an administrative or judicial order.
8.7 In the event that the User repeatedly violates legal provisions or obligations arising from these ToU, Sinocare may permanently suspend the respective User Account. Violations of obligations under these ToU permitting permanent suspension include, in particular, the User’s obligations not to:  
  1. transfer the User Account to a third party or grant a third party access to the User Account;
  2. provide false information during the registration process;
  3. use an email address that is not rightfully owned by the User;
  4. use iCan Review in a manner that may cause damage to iCan Review, Sinocare’s IT infrastructure (including its cloud servers); or
  5. violate these ToU, statutory legal provisions or any third party rights (in particular those of the iCAN APP User).
8.8 If Sinocare suspends a User, Sinocare will take into account the legitimate interests of the User, in particular whether the User is responsible for the violation and the severity of it. Sinocare will also take into account the legitimate interest of other users, third parties and its own legitimate interests as a service provider before suspending a User. Sinocare will inform the User of the reasons for temporary or permanent suspension at the latest when the suspension becomes effective and within the framework of existing legal obligations.   8.9 Sinocare and the User have the right to terminate the User Agreement at any time without notice for good cause. Good cause for Sinocare includes, in particular, if the User repeatedly violates these ToU.   8.10 Sinocare may also terminate the User Agreement, if the User decides to reject material changes pursuant to Section 11.1.   8.11 If Sinocare has permanently suspended a User or terminated the User Agreement in accordance with these ToU, the User has no right to have his/her suspended User Account reinstated. The User is also not allowed to register a new User Account after a permanent suspension or a termination by Sinocare.

9. Notice and Action Mechanism for Reporting Illegal Content and Measures and Tools for Content Moderation

9.1 Sinocare is generally not obliged to monitor data, information and documents provided by a User, to assess their legality or compliance with statutory provisions, third-party right or these ToU, or to actively investigate or search for circumstances indicating illegal activities.   9.2 Data, information and documents provided by Users or their patients are only visible to the individual User, who invited the patient to upload the relevant data, information or documents, the patient and Sinocare and not to external parties or other Users. Insofar, Sinocare does not perform any proactive measures to moderate content and does not use automated decision-making for this purpose.   9.3 If Users, third parties or entities discover or become aware of content in iCan Review that they consider to be illegal, they can notify Sinocare and report such content by providing  
  1. a sufficiently substantiated explanation of the reasons why the information or content in question is considered to be illegal content,
  2. a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content,
  3. the name and email address of the individual or entity submitting the notice, and
  4. a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete
to the following email address: support@sinocare.com.. Illegal content means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with the law.   9.4 Sinocare will immediately confirm receipt of such notice to the reporting individual or entity and, after making a decision, will immediately inform the reporting individual or entity of its decision regarding the notified information or content and indicate possible remedies against its decision, provided that the reporting individual or entity has provided his or her electronic contact information. Sinocare will take its decision in respect of the information or content to which the notice relates, in a timely, diligent, non-arbitrary and objective manner.   9.5 Provided that Sinocare receives a notice that meets the above requirements in Section 9.3 and the information or content notified is considered illegal content or violates these ToU, Sinocare is entitled to hide, revise or remove the information or content notified, or to block access to it. In addition, Sinocare is entitled to take the measures described in the Sections 8.6 and 8.7. Within the framework of existing legal obligations, Sinocare will provide the User with a statement of reasons for any measures taken and will indicate whether the information or content in question is illegal or does not comply with these ToU. Users are not authorized to re-upload the information or content that has been removed from iCan Review without Sinocare’s authorization.   9.6 In the event that Sinocare refuses to remove the information or content that has been notified by an individual or entity as illegal, the individual or entity may respond to the notice of refusal with a complaint setting forth additional reasons why the information or content is illegal and requesting Sinocare to reassess the illegality of the information or content.

10. Privacy

10.1 Sinocare’s current and applicable Privacy Notice for iCan Review can be found here: iCan Review Privacy Notice.

 

10.2 The User is obliged to comply with data protection laws and regulations applicable to him/her. The User shall ensure that the legal basis required under applicable data protection law for the transmission of patients’ data to him/her exists, in particular that the User has the necessary consent of the patient, and that the User documents this and makes it available to Sinocare upon request.

11. Miscellaneous

11.1 Sinocare may, at its sole discretion, extend, reduce, change or completely cease to provide Sinocare Services to the Users, and amend these ToU. As far as changes are exclusively connected with advantages for the User, Sinocare will inform the User 30 days before the changes apply. In case of material changes to the Sinocare Services or to these ToU that could be disadvantageous for the User (e.g. introduction of a fee for previously free services, modifications of termination rights to the detriment of Users), Sinocare will inform the User upon a 30 days’ notice period. Changes become binding for the User and Sinocare if the User does not reject in writing (email is sufficient) within this deadline and continues to use iCan Review and the Sinocare Services after the expiration of the deadline. Sinocare informs the User about this effect along with the change notice.

 

11.2 These ToU shall exclusively be governed by and construed under the laws of the Peoples’ Republic of China, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

11.3 Any dispute arising out of or in connection with these Terms of Use, including any 
question regarding their existence, validity or termination shall be resolved exclusively 
and without recourse to the ordinary courts of by arbitration administered by the Singapore International Arbitration Centre(“SIAC”) in accordance with the then applicable Arbitration Rules of SIAC, The arbitration will take place in Singapore.  The language of  the proceedings is English.The parties agree that the existence of and information relating to any such arbitration proceedings will not be disclosed by either party and will constitute confidential information. Before the User may begin an arbitration proceeding, the User must send a letter notifying us of the intent to pursue arbitration and describing the claim to us. All parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 

 

11.4 Should any provision of these ToU be or become invalid in whole or in parts or should a loophole requiring closing show up, the validity of the other provisions shall not be affected. Rather, the Parties shall be obliged to replace the invalid or unenforceable provisions with another valid provision as close to the economic effect as possible.

 

Date of the Terms of Use: Nov. 2024

Keranjang Belanja

Contact

docter

ph@icancgm.com

location

265 Guyuan Road, Hi-Tech Zone

Changsha, 410205, Hunan Province, P.R. China

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