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服務條款與細則

This document sets out the terms and conditions ("T&C") which govern (i) your use of our products and services (“Services”) provided to you; and (ii) your use of our “Cognitact” website (the “Website”). The privacy policy (which can be accessed at: https://www.cognitact.com/) contains the terms and conditions on our collection, use, disclosure, storage and handling of your personal data (“Privacy Policy”). This T&C, together with the Privacy Policy and other applicable terms and conditions which we may from time to time provide to you, shall constitute an agreement entered into between you and Cognitact Limited ("we", "us", "our", “Company”) in connection with the Website and our Services (“Agreement”).
Please read the Agreement carefully before accessing and using the Website and our Services. Your access and use of the Website and our Services shall constitute your acknowledgement and acceptance of the Agreement.


We may revise and update the Agreement from time to time without notice to you and the revised and updated version of the Agreement would be effective as soon as it is made available on our Website. Kindly note that your continued use of our Website and Services after such revision and update shall constitute your acceptance of those changes. If you do not agree to any terms of the Agreement, please refrain from using our Website and Services.


This T&C applies to you whether you are a service provider (“Service Provider”) providing services on or through the Website or a person seeking to use (whether by yourself or for a person from whom you receive authorisation to act) our Services (“Customer”). You may access the Website or use our Services in the capacity of a Service Provider, a Customer or both.


You must be 18 years old or older to enter into this Agreement with us unless written permission is expressly given by a parent or legal guardian by consenting to the terms and conditions of this T&C on your behalf. For those who are not eligible to accept this T&C or enter into a legally binding contract with us themselves, we reserve the right to verify the legality and validity of the consent given on your behalf by another person. We shall have the sole discretion to decide whether to accept such consent and proceed with the blood analysis test.


We reserve the right to change or remove any content of any aspect of the Website or otherwise terminate the Website at any time at our own discretion. You acknowledge that any such change may result in the unavailability or malfunction of the Website. We may also terminate this Agreement with or without cause at any time.
 

A. Information on the Website

1. The information and materials (including, but not limited to images, data, reports, videos and audios or other materials (“Information”) and services including appointment services, communications, transmission provided on the Website by us are prepared for general use only and do not in any way constitute or replace medical, diagnosis, treatment or advice or other professional advice and shall not be relied upon as such. We do not guarantee or give any express or implied representation or warranty and disclaim our liabilities as to the accuracy, truthfulness, currency or completeness of any such Information.


2. The Information in relation to Alzheimer’s Disease provided on the Website by us are for general reference and information only and do not in any way constitute any representation or warranty with respect to our Services including but not limited to our test.

3. Information provided on our Website does not constitute professional medical advice. Our Website is not a substitute for a primary care doctor or in-person healthcare interactions. You are advised to seek formal professional advice on any matters that the Information may be related to. In all events, you will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information.

4. You acknowledge and agree that the form, nature and contents of the Website may change from time to time without prior notice to you. We may cease (permanently or temporarily) providing certain services, in whole or in part, to you or to users at our sole discretion, without prior notice to you.

B. Our Services

1. Our Services include the following: 
(i) delivery of a paper-based (Montreal Cognitive Assessment Hong Kong Version) or tablet-based assessment of cognition(eCogmarkTM);
(ii) the collection of your blood sample (“Blood Sample”);
(iii) the testing and analysis of your plasma proteomic profile (“Analysis”); and
(iv) the provision of a test report of the results based on the Analysis (“Test Report”).

2. We will not provide Services to anyone under eighteen (18) years of age at the time of placing an order with us for the Services, unless written permission is expressly given by a parent or legal guardian by consenting to the terms and conditions of this T&C on their behalf. For those who are not eligible to accept this T&C or enter into a legally binding contract with us themselves, we reserve the right to verify the legality and validity of the consent given on your behalf by another person. We shall have the sole discretion to decide whether to accept such consent and proceed with the blood analysis test and our Services.

C. Use of the Website and Services

1. Registration of Services
(I) Registration of Accounts on our Website and Passwords


1.1 Customers can create and set up an account with us on our Website. Upon successful registration, Customers can enjoy the following services through our Website and the various features that are or will be made available on the Website, including but not limited to the following:
• access, review and maintain a profile, record and history with the information provided by you; 
• access and receive health-related information, updates, promotional materials and news;
• book appointment for the Blood Sample collection (“Test Appointment”).

1.2 To access the Services on our Website, you must register an account with us. In registering an account and in your use of the Website, you agree to provide certain information that is true, accurate, current and complete in all respects, including but not limited to a valid email address (alias email addresses are not acceptable) and a Hong Kong mobile phone number (or mobile number from other regions that our Website supports) and such mobile number must be able to receive and send out SMS, and please note that you may be charged for the use of SMS by your mobile service provider, and you will have to create a password.

1.3 You understand that once you register an account with us, you will receive SMS messages from our Website on your registered mobile phone number. These messages relate to your registration and transactions that you carry out through our Website or promotions that are undertaken by our Website. Please note that we will send these SMS messages only to the registered mobile phone number. It is your responsibility to ensure that you provide the correct phone number for the transaction you wish to enter.

1.4 Each person is entitled to register one account only. Each valid email address and Hong Kong mobile phone number may only be used to register one account on our Website. If you are a minor under 18 years of age, written permission is expressly required by a parent or your legal guardian by consenting to the terms and conditions of this T&C on your behalf, who will also be your emergency contact and enter into this Agreement for and on your behalf. We reserve the right to only accept orders from you if you are aged 18 or over. For those who are not eligible to accept this T&C or enter into a legally binding contract with us themselves, we reserve the right to verify the legality and validity of the consent given on your behalf by another person. We shall have the sole discretion to decide whether to accept such consent and proceed with the blood analysis test and our Services.

1.5 We will never ask you for your account’s password either in writing (via email or otherwise), in person or on the phone. You shall be responsible for maintaining the security and confidentiality of your account credentials and passwords. You must ensure that no one can use your account credentials to access our Website, and you must not grant any third party the right to use our Website. You agree to be fully liable for all activities conducted through your account.

1.6 If you are a member of our Service, you may login your account (“Service Account”) and access the relevant web pages on this Website with the designated login name and password provided to you by us through our relevant corporate clients.

1.7 As your login name and password are the means by which we identify you and by which you may access your Service Account on this Website, you should keep them secure. You are fully responsible for all activities that occur under your login name and password, whether by you or by anyone else using your identity. You agree to notify us immediately if you suspect that your login name and password have been used by a third party.

1.8 We reserve the rights from time to time, without notice, to access your Service Account or to observe and record your access to and use of this website to determine if you are complying with these T&C.

1.9 We reserve all our rights to suspend or cancel your account with us if, in our sole discretion, you have provided inaccurate information or enabled/assisted in fraudulent activities or otherwise, is a subject of disciplinary and/or criminal investigations or has breached any term of this Agreement and failed to remedy any such breach within a period of time to be specified by us. If you suspect that the security of your account has been compromised or if there is unauthorized use of your account, please contact us immediately.

(II) Registration for Service in person


1.1 Customers who engage our services in person are required to complete an Applicant Information Record Form for Blood Analysis Test for Alzheimer’s Disease (“Application Form”) before conducting the test. 


2. Test Appointment and Test Report
2.1. Upon your registration of an account with us at our Wesbite and receiving the payment from you, you are able to book a Test Appointment via your account. [If your booking of Test Appointment is accepted by us, we will send you an email or SMS to confirm that the time and date of the Test Appointment (“Confirmed Appointment”). You acknowledge and agree that we will send notifications and reminders to you before the date of the Confirmed Appointment for the Blood Sample collection. Please note that while we provide these notifications and reminders to you, we do not provide any guarantee and shall not be held liable or responsible for the failure to send such notifications or reminders to you. It is your responsibility to ensure that you attend any appointments that you may schedule with a medical practitioner/healthcare professional through our Website.

2.2. For customer(s) registered in person, upon completion of the Application Form and receiving the payment from you, you will proceed with the collection of your Blood Sample.

2.3. The Blood Sample collection will be performed by professional phlebotomists engaged by Cognitact or collaborating testing centers. Any Confirmed Appointment is subject to change due to changes to the relevant collaborating testing center’s availability.

2.4. Your first test must be done within six months after your date of payment.

2.5. Upon receiving your Blood Sample suitable for our Analysis, we will proceed to isolate the blood plasma from the Blood Sample and to analyze the blood plasma proteomic profile as soon as practically possible and it is estimated that the a Test Report will be available in approximately [30 working days], provided always that we have duly received all the necessary health data from you and all instructions as set out this T&C (or as may be provided by us from time to time) are duly complied with.

2.6. Unless we receive written objection and a request for immediate disposal of t your blood plasma, the blood plasma shall be disposed within 3 months from the issuing of the Test Report for (inter alia) any necessary re-examination. With your explicit prior consent for the use of your blood plasma for research purpose, the blood plasma will be disposed of after 10 years from the issuing of the Test Report. When your blood plasma will be used for research purposes, it will be de-identified and will be anonymized so that such data shall no longer be linked to any of your registration and personal information  For details, please refer to our Privacy Policy.

2.7. You can choose the method of receiving the Test Report after registering the relevant personal information and paying the order. The Test Report can be accessed at your account or provide a paper Test Report at the medical practitioner upon your request and consent. Only you shall have access to the Test Report, save and except that you may authorize your medical practitioner to have access to the same for the purposes of providing medical counselling to you. We shall not share your Test Report without your explicit consent. Please refer to our Privacy Policy for further details.

2.8. We reserve the right, in our absolute discretion, to refuse to allow you to collect Test Reports.

2.9. Further and in addition to the terms and conditions as set out the Risks and Considerations as set out Paragraph F below, the advices and counselling (including but not limited to any lifestyle modification or possible medical intervention suggestions) provided in the Test Report or in connection thereof may or may not be provided by a medical doctor (registered under the Medical Registration Ordinance (Cap. 161)).  In any event of such advices not being given by a medical doctor, such advice shall be for informational purposes only and shall not constitute any medical advice nor intend to be used for any diagnostic purpose nor diagnose or treat any medical condition of disease.

2.10. If requested by client, we may provide a list of medical practitioner(s)/healthcare professional(s) for post-test consultation, any medical practitioner(s)/healthcare professional(s) made available for your booking selection for post-test consultation should not in any way be construed as promotion, recommendation or endorsement by us of such medical practitioner(s)/ healthcare professional(s);

2.11. You are solely responsible for selecting which medical practitioner/healthcare professional you wish to book, including suitability in relation to any symptoms you may be experiencing.

3. Payment for Testing Services by Customers
3.1. Your purchases through us cannot be resold, trade or transfer. You are solely responsible for the suitability of such purchases. As such, we strongly recommend you, before any purchases, to assess whether it is suitable for your needs and health conditions.

3.2. You understand that information specified herein and details on the Website shall not constitute an offer, but an invitation to treat. Any purchases submitted are treated as a request for purchase only, and we have the sole discretion to refuse/reject any purchase requests from you.
 
3.3. All payments must be made in full and by the method of payment used on our Website or any other payment methods that we may accept from time to time. We reserve the right to add, delete or amend the method of payment used on our Website without prior notice to you.

3.4. All payments made through our Website will be processed by secure third-party payment gateway service providers. You understand and consent that:

3.4.1. we will charge all the fees (if any) incurred to the credit card used by you;
3.4.2. we will take steps to confirm that there is sufficient credit amount in your credit card account to settle any payments or charges;
3.4.3. we will disclose, when necessary, your credit card information to, and obtain information from the credit card issuers to verify the credit card credentials and identification information provided by you; and
3.4.4. we will provide your billing, payment and identification details to the third-party product/service providers (if so required) in relation to your purchases.

3.5. By placing an order on our Website or making a payment with us directly, you confirm that the credit/debit card account used is yours or that you have been authorized by the owner to use it. In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our Services.

4. Cancellation of the Confirmed Appointment
4.1. In case of cancellation of the Confirmed Appointment by us or we could not confirm the appointment with you in time before the date of the intended appointment due to any reasons, you may choose from one of the two options below:
4.1.1. you may reschedule the appointment; or
4.1.2. you may claim for a refund of the payment made in relation to the appointment.

4.2. Subject to clause 4.3 below, you shall not be entitled to any refund, if you miss or cancel the Confirmed Appointment due to any reasons. In the unlikely event that we accept your variation or cancellation of the Confirmed Appointment, you understand and accept that administrative charges and transaction fees may apply, and you understand that there would also be variations on your final bill.

4.3. Under the following certain circumstances, you may be able to cancel a scheduled appointment on our Website and be eligible for a refund of your payment:
4.3.1. Peer-shared test

  •  If you cancel your appointment within 7 days of your initial order and none of the redeem codes have been used for payment, we will refund 100% of your payment;

  •  If you cancel your appointment after 7 days of your initial order and none of the redeem codes have been used for payment, we will refund 50% of your payment . *Please note that we cannot process your refund application if any of the redeem codes have been used for payment.

4.3.2. Individual exclusive test

  • If the medical practitioner/healthcare professional declines your appointment for any reason and no blood sampling has been performed, we will refund 100% of your payment

  • If you cancel your appointment or order within 7 days of your initial order, and it has 6 or more working days before the appointment date and no blood sampling has been performed, we will refund 100% of your payment;

  • If you cancel your appointment or order after 7 days of your initial order, but there are 6 or more working days before the appointment date and no blood sampling has been performed, we will refund 50% of your payment;

  • If you cancel your appointment 3 to 5 working days before the appointment date and no blood sampling has been performed, we will refund 30% of your payment.

4.3.3. Regular tracking test

  • If the medical practitioner/healthcare professional declines your appointment for any reason and no blood sampling has been performed, we will refund 100% of your payment;

  • If you cancel your appointment or order within 7 days of your initial order, and it has 6 or more working days before the appointment date and no blood sampling has been performed, we will refund 100% of your payment;

  • If you cancel your appointment or order after 7 days of your initial order, but there are 6 or more working days before the appointment date and no blood sampling has been performed, we will refund 50% of your payment sum;

  • If you cancel your appointment 3 to 5 working days before the appointment date and no blood sampling has been performed, we will refund 30% of the cost for current test (Cost of each test will be calculated based on average payment sum) and 50% of the remaining payment sum. 


5. Medical Record Keeping Services
5.1. You will be able to input and upload information concerning your personal medical history and health records on the Website which would constitute part of your account profile. We shall keep such information confidential and secured in accordance with our Privacy Policy.

6. Intellectual Property Rights
6.1. You acknowledge and agree that all copyrights and trademarks as part of the Website and the intellectual property rights arising from all other materials or content provided shall belong to us or our licensors at all times. You acquire no rights or licences in or to the Website and Information just by accessing our Website other than the limited right to use the Website in accordance with this T&C and to download on the terms set out in this section.
 
6.2. That said, all intellectual property rights in and to the information you input into our Website or information you provided to us for publication on the Website remain your property. By submitting information or content to us, you automatically grant (or you warrant that the owner of such information has expressly granted) to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for purposes related to the Website and Services.
 
6.3. Other than as provided in this section, you may not by yourself or otherwise permit anyone else to copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website and Information.
 
6.4. Any download is only permitted on the conditions that:
6.4.1. the download and/or copy is made for personal, non-commercial use only; and
6.4.2. you retain all copyright notices on such download and/or copy and shall remain bound by such notices.
6.5. In addition, you cannot offer for sale or sell or distribute over any other medium the Website or any part thereof. Further, you agree not to make any part of the Website available as part of another Website, whether by hyperlink framing on the internet or otherwise.
 
7. Your Obligations
7.1. While using our Website and Services, you must not:
7.1.1. violate any applicable laws and regulations, third party rights or our policies;
7.1.2. do such acts that will interfere with other Customers’ rights and experience in using the Website or our Services or harasses, defames and/or menaces any users of the Website or Services or any third party;
7.1.3. use our services if you violate any term of the Agreement;
7.1.4. do such acts that will affect our fee structure, the billing process or fees owed to us;
7.1.5. reverse or cancel payment without our prior written consent;
7.1.6. distribute viruses or malicious software or any other technologies that may be harmful to us;
7.1.7. breach any terms or conditions in this Agreement or other rules or regulations on our Website which may be applicable for our services;
7.1.8. access or use third party’s websites or services by clicking any links on our Website without first accepting any such third party’s terms and conditions of use of their websites or services;
7.1.9. copy, modify, reverse engineer, distribute and/or create any derivative works of the Website (including websites which exist under sub-domains) and the content thereof;
7.1.10. use our Website and Services in any manner which reproduce, mine, extract our data or content for commercial purposes without our express prior written consent; and
7.1.11. use our Website and Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resources of ours.


8. Limited Liability and Warranty, and disclaimer

8.1. The Website is provided "as is" excluding any representations or warranties of any kind, either express or implied, to the fullest extent permitted by applicable laws including but not limited to, the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. We accept no responsibility or liability for any products, services, features or functions available on the Website.

8.2. We do not guarantee, warrant or assume any responsibility that:

8.2.1. the Website will always be available for access;
8.2.2. all Information on the Website is accurate, adequate, current or may be used for any purpose other than for general reference;
8.2.3. the access to our Website will be uninterrupted or free of defect, error, omission or that the Website is free to virus, worms and we shall not be made liable for any damage you may suffer as a result of such destructive outcome; and
8.2.4. all data or communications sent through the Website would be free from corruption, loss or interception.


8.3. Further, we do not warrant that the Website is compatible with your computer equipment and/or device and you shall be solely responsible for ensuring that you have the suitable device, internet connections or other ancillary support services for using and accessing the Website and any feature contained therein and the costs associated thereto.


8.4. Save in respect of fraud and of personal injury or death to the extent it results from our gross negligence, in no event we shall be liable to you or any other person for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including any loss of business, revenue or profit and anticipation of the foregoing, arising out of any use, or inability to use, any aspect of the Website, even if we have been advised of the possibility of such damages.

9. Indemnity
9.1. You agree to defend, indemnify and hold us, our employees, officers, directors and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of the Agreement and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

D. Terms of Use from Medical Practitioner(s)/healthcare professional(s)


1. For any post-test consultation with any Medical Practitioner(s) or healthcare professional(s) pursuant to Paragraph C(2.10) above, the Medical Practitioners/ healthcare professional(s) may provide their own services to you. The Medical Practitioner(s) or healthcare professional(s) may impose their own terms of use, privacy statements and/or other supplementary terms in relation to the aforesaid services. As such, their services shall be subject to their own term of uses and privacy statements which shall be, for the avoidance of doubt, in addition and without prejudice to the terms and conditions of our T&C and Privacy Policy.

2. The Website may have sites or hyperlinks that link to or from the websites of the Medical Practitioner(s)/ or healthcare professional(s). We do not endorse and explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such websites. Such websites shall be subject to their own terms of use and privacy statement.

E. Blood Collection and Risks

1. For customer attending collaborating testing centers for Blood Sample collection, implicit consent is given by presenting themselves for phlebotomy with a booking number and the presenting their arm(s) for venipuncture. 


2. Drawing blood is a blind invasive procedure with known risks and side effects during or after collection may occur. The WHO Guidelines on Drawing Blood publication states that serious adverse effects of phlebotomy (such as loss of consciousness) are rare. However, more common side effects include temporary pain or bruising at the site of puncture (hematomas), temporary nerve damage, and fainting.


3. If customer experiences light-headedness or sharp pain during phlebotomy, they should inform the phlebotomist immediately. 


4. Difficult draws due to small or deep veins, dehydration, or collapsing or rolling veins may require more than one attempt.


5. The phlebotomy procedure is voluntary, and we will not force any patient to have blood drawn, should they be hesitant. 


6. Cognitact’s staff reserve the right to decide not to provide services and arrange rescheduling based on the actually physical condition of the customer on the blood collection day.


7. Cognitact accepts no liability for known side effects related to this procedure when conducted using well-established methods and performed according to recognized standards of care.

F. Risks and Considerations

1. The Test Report is based on a local Hong Kong SAR plasma proteomic profiling research study. The use of plasma proteomic profile has not yet entered into national and / or international guidelines for Alzheimer’s disease.

2. The data in the Test Report can only reflect the physical condition of the customer on the date of the test. Changes in the customer’s physical health in the future cannot be directly attributed to the accuracy of the data obtained on the day of blood collection for this test.

3. We recommend pregnant customer to perform this test after giving birth to protect the safety of you and your fetus. If you suspect that you are pregnant, please inform the company and arrange to reschedule.
 
4. We do not provide any medical advice to our customers. Our Services are information-only services, intended to help customers gaining a better understanding of the health risks associated with Alzheimer’s disease. The Agreement is not intended to create any fiduciary duty between you and us, including one that is between a doctor/healthcare professional with his/her patient.

5. We do not in any event include any medical diagnosis or advice regarding our customers’ personal health and are not intended as a substitute for seeking professional medical diagnosis, treatment or advice, from a suitably qualified medical and registered medical practitioner. Hence, decisions regarding care and treatment should not be solely based on this test or the information contained in the Test Report.

6. A diagnosis of Alzheimer’s disease as the underlying cause for an individual’s clinical presentation should always be considered in the context of that individual’s medical and family history and physical and neurological examination. Therefore, decisions on individual care and treatment must be based on the independent medical judgement of the client together with his / her medical doctor, taking into consideration all applicable information concerning the client’s condition, including but not limited to, client and family history, physical examinations, information from other diagnostic tests, and client preferences, in accordance with the application standard of care.

7. The information presented in the Test Report, if applicable, is compiled from sources believed to be reliable and current. However, the accuracy and completeness of the information provided herein cannot be fully guaranteed. The contents are to be used as a guide, and health care providers should employ their best comprehensive judgment in interpreting this information for a particular subject.

8. PlasmarkAD® is currently optimized for Chinese population and Caucasian populations, and its accuracy will be affected by multiple factors such as the genetic differences and lifestyles variations among different ethnic groups. Hence, we cannot guarantee the accuracy or reliability of the results of the Test Report in other ethnic groups.

9. We urge customers with health concerns to discuss any medical issues with their medical practitioner.

10. You should not assume that any information we may provide to you, whether now or as plasma proteomic profiling research advances, will be welcome or positive. You may learn information about yourself that you do not anticipate. Such information may evoke strong emotions and has the potential to alter your life and worldview or to have social, legal, or economic implications to you. You should discuss with the information with a physician or other health care provider or any related medical professionals before you act upon the result of the Test Reports.

11. The information of our Services (including but not limited to Test Reports (including but not limited to any references to risk level therein), and/or any other advises or counselling (save and except those provided by medical practitioners)) do not intend to provide you with any medical advice and not intend to be used for any diagnostic purpose. You should always seek advice from your medical practitioner with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health. There may be unknown environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated risk for Alzheimer’s Disease, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated risk for Alzheimer’s Disease, it does not mean you will definitively develop Alzheimer’s Disease. In either case, if you have concerns or questions about what you learn through the Website and/or the Test Report, you should contact your medical practitioner. 

12. Our customers are reminded that the internet-based access to our Services is subject to the risks which include, without limitation, the following risks:

(i). Due to the cause of internet data transmission, it may interrupt, pause, delay, or occur data error of our Services;
(ii). Errors, invalidity or unauthorized use of the Services might take place by reason of computer system failure, hacking, infecting virus, or impairment of communication line using by customers in accessing the Website;
(iii). The identity of a customer may be counterfeited or the Services may be continued used due to the loss of password or intrusion of computer or online system by hackers. Any such unauthorized may result in loss or damages to the customer;
(iv). Force majeure that impairs the completeness and/or availability of our Services; and
(v). Other risks recognized or identified by applicable regulatory authorities.

13. You are advised to read and fully understand the risks disclosed above and are deemed to have agreed to bear all the consequences arising from or in connection with the risks when you use or continued.

14. We do not endorse, warranty or guarantee the effectiveness and/or suitability of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be cited or mentioned on the Website. Such information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Reliance on any information provided by, whether through our employees, others appearing on the Website at our invitation, or other visitors to the Website, is solely at your own risk.

15. The algorithm for PlasmarkAD® score profile bears a Sensitivity = 91.7%, Specificity = 90.7%. Please note, a low PlasmarkAD® score does not exclude at 100% of the possibility of developing Alzheimer’s disease.

16. PlasmarkAD® score is subject to Cognitact’s intellectual property (Patent PCT/CN2021/093274).

G. Customer Representation

By accessing the Website and using our Services, you agree to, acknowledge, and represent you understand that the information you learn from the Website and our Services 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. While certain information from the Website might point to a diagnosis or to a possible treatment, it intends to be for information only and should always be confirmed and supplemented by additional medical and clinical testing, information and consultation. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you need to seek the advice of your professional medical practitioner if you have questions or concerns arising from your Test Report.

H. Internet Security, Hyperlinks and the Website

1. Our Services are accessed through the Internet which is a public system over which we have no control. It is therefore your duty to make sure that any computer or other electronic device which you use to access our Services is free from and adequately protected against acquiring computer viruses and other destructive or disruptive components. Neither we, any member of our Group nor the information provider warrants or represents that the information is free from virus, electronic viruses or other destructive features which may adversely affect your hardware, software or equipment.

2. Our Service and other third parties, may provide links to other sites and resources (for information relating including but not limited to update on plasma proteomic profiling research and latest news and relevant product suggestion) on the Internet. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked, or websites or resources.

3. Due to the nature of our Services, we will not be responsible for any loss of or damage to your data, software, computer, computer networks, telecommunications, electronic devices or other equipment caused by you using our Services unless such loss or damage is directly and solely caused by our negligence or deliberate default.

4. You agree not to gain unauthorized access to the Website or your account, or assist others to gain unauthorized access, or to disclose users' names or personally identifiable information, or to gain or provide unauthorized access to other computers or the websites connected or linked to the Website. You must also notify us immediately of any unauthorized access to the Website or your account or any unauthorized access you know or suspect of.

I. General Provisions
 
1. All personal pronouns used in the T&C, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa.


2. Neither we nor our Website shall not be liable or deemed in default for failure to fulfil any obligation under the T&C due to causes beyond its reasonable control. Such causes or conditions shall include, but shall not be limited to, acts of God, acts of the Government, fires, floods, epidemics, quarantine restrictions, strikes, civic unrests, shortages of labour or materials, freight embargoes, unusually severe weather, electrical power failures, telecommunication or internet backbone outages, failure of an internet access provider or other similar causes beyond our control, and neither we nor our Website shall be liable for losses, expenses or damages, ordinary, special, remote or consequential, resulting directly or indirectly from such causes.


3. Any disputes in connection with our Website or the Services thereunder, our decision shall be final, binding and conclusive.


4. Our failure to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any part of the T&C is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.


5. In the event of any discrepancy between the English version and any translated version of the T&C, the English language version shall prevail.


6. The T&C shall be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.

If you have further enquiry, you may contact us by writing to Cognitact, Office 627, 6/F, Building 16W, Hong Kong Science Park, or by e-mailing us at enquiry@cognitact.com or by calling our Customer Service Hotline at 2116 1678.

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