Terms of Use, Privacy Policy & Disclaimer

(English Version Only 僅限英語版本)

By installing the Mobile App or using the Web App from BACHcode Co. Limited, you acknowledge your consent to be unconditionally bound by the following conditions of use including any future changes ("Conditions"), without limitation or qualification. Please read these Conditions carefully before using our App. These Conditions may be revised at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Conditions to which you are bound.

1.DEFINITION
The "App" (including Mobile App and Web App) shall mean the software provided by BACHcode Co. Ltd ("BACHcode"), to be used on Apple iOS, Android OS devices and Web and any upgrades from time to time and any other software or documentation which enables the use of the App.

2.EATRITE.COM & REHEALTHIER.COM
The App may allow you to access certain functionality available on the EatRite/Rehealthier website. Such access will be governed by the EatRite/Rehealthier Website Terms of Use.

3.PROPRIETARY RIGHTS AND LICENCE
3.1. All intellectual property rights, including trademarks, service marks, trade names, company names, logos, icons, slogans, copyrights, domain names, patents, design rights, utility models, database rights, know-how, trade secrets and all other intellectual or industrial property rights relating to this App or the contents of this App are the property of, or licensed to, BACHcode and/or its associated companies. Other than as expressly set out in these terms and except as permitted by applicable law, nothing contained in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of such intellectual property rights without the written express permission of Bachcode or the relevant licensors or owners of such intellectual property rights. Your use of such intellectual property rights, or any other content in the App, except as provided herein, is strictly prohibited.
3.2. BACHcode hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the App only for your personal non-commercial use in accordance with these app terms. No other rights to the App are granted. All rights including intellectual property rights in the software remain the property of BACHcode or the relevant licensors or owners of the software and, except as permitted by law, you may not reverse engineer, decompile, modify or tamper with the software.

4.CONDITIONS OF USE
4.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App; or (iii) create derivative works of the App of any kind whatsoever.
4.2. BACHcode reserves the right to amend or withdraw the App, or charge for the App or service provided to you in accordance with these terms, at any time and for any reason.
4.3. In order for you to use the App, there may be charges incurred from your telecom service providers for data connection, data download, data rate plans, or roaming. You are responsible for any mobile or internet data subscription and data transfer and other data costs, roaming charges or other fees that may be charged by your network service provider.
4.4. If you are not the bill payer for the telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
4.5. BACHcode is not responsible for any services through which you access the App or for any loss you may suffer as a result of you using such a service.
4.6. You are entirely responsible for maintaining the confidentiality of your own passwords and account details. You are also entirely responsible for any activity records that occur under your account, regardless as to whether such records were made with or without your knowledge or authority. BACHcode shall not be liable for any damage, loss or other liability incurred by you arising from any records of any kind whatsoever resulting from the unauthorized use of accounts and passwords by any third parties. However, you may be held liable for any damage, loss or other liability incurred by BACHcode for any wrongful use of your account and/or password. You shall report to BACHcode immediately if you know or have reason to suspect that the security of your password and/or account may have been compromised or used by another person without authority.
4.7. The activity records maintained through the App shall be accepted as conclusive and binding for all purposes. Your use of your account and/or password to access or use this App will be recognized as your electronic signature and will be legally binding. You accept that electronic records will be admissible as original documents in any court of law and agree that you will not challenge or dispute the accuracy or authenticity of such records.

5.PRIVACY POLICY STATEMENT
5.1. By using the App, you hereby consent to the use of your information, including your personal information, any information of others provided by you, in the manner described in this Policy. Without limiting the generality of the foregoing, you authorize BACHcode to transmit your information outside Hong Kong in the manner and for the purposes described in this Policy.
5.2. The information collected within the App includes but does not limited to: name, email, phone number, etc. If you is unable or unwilling to provide such correct data, BAChcode may be unable to provide you with the service. This information is collected for contact purposes, and improvement of our services through the collection of your comments, feedback, questions or suggestions, and information about subjects that may interest you.
5.3. The following is the way BACHcode uses information about you : • Process and manage your use of Bachcode products and services, including your accounts and program participation, your use of the App. • Respond to your health inquiries, post your comments or other online forum maintained of the App, or take other actions in response to your inquiries • Create personalized promotions by combining your personal information with non personal information about you, such as the types of information you receive through our programs. • Communicate with you about your health, your services, accounts and program participation, a contest you have entered, and your requests for information. • Communicate with you about our brands, products, events or other promotional purposes, including co-branded offers and affiliate and partner offers in relation to health care services.
5.4. BACHcode may share personal information in limited ways about you with others with your consent, such as: • Information with companies that provide support services to us (such as payment services providers, cloud service provider, mailing houses or website hosts) and that help us market our products and services (such as email vendors). These companies may use information about you to perform their functions on our behalf. • Specific information (i) upon lawful request, in response to legal process, and when required to comply with laws, (ii) to enforce our agreements with you, our corporate policies and Terms of Usage relating to your use of BACHcode products and services, or (iii) to protect the rights, property or safety of BACHcode and affiliates, and its subsidiaries and licensees, our employees, agents, customers, and others but only when it is reasonable to do so. • Data held by BACHcode relating to the user is kept confidential by BACHcode, but you agree that for the purposes set out in the above clause, BACHcode may transfer or disclose such information to the following parties (whether within or outside the Hong Kong Special Administrative Region): - Agent, contractor or third party service provider (under a duty of confidentiality to BACHcode) who provides administrative, telecommunications, computer, servers, payment, data processing or other services in connection with the operation of BACHcode business; - Other person under a duty of confidentiality to BACHcode including BACHcode’s subsidiaries, incubators, affiliates or business partners; and - Person to whom BACHcode, our subsidiaries, affiliates or business partners mentioned above, is under a binding obligation to make disclosure under the requirements of any law, rule and regulation, including those of countries outside of Hong Kong for data transferred to those countries, but such disclosure will only be made under proper authority. - In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, Bachcode may disclose your statistics to those involved in the negotiation or personal information after the transfer.
5.5. The collection of any personal data collected will be subject the Privacy Ordinance of Hong Kong. Personal data is stored securely in our system and system providers. BACHcode will take all practicable steps to ensure that personal data is not kept longer than is necessary for the fulfillment of the purpose (including any directly related purpose) for which the data is or is to be used. Only authorized staff and service providers shall have access to the data. We make every effort to protect the privacy of your datas.

6.INDEMNITY
6.1.. The provided information, including but not limited to, food calories, activities data collected, health tips, etc. are prepared by BACHcode best efforts and experiences. We are trying the best to verify the information against trustworthy sources if available. In all cases, the information is prepared for your reference only. BACHcode does not have any obligation in case of information inaccuracy, as the information would vary in many different practical situations, such as different regions of the world, restaurants, user conditions, food intake portion, and food qualities. You must consult your doctors or any professionals before taking any necessary action for your health.
6.2. You hereby agree to fully indemnify, defend and hold harmless BACHcode from and against any and all damages, losses, liabilities, costs and expenses (including full legal costs on a solicitor-client basis) suffered by Bachcode arising from or in connection with: (i) your access to or use of this App, including your submission of any material through this App; (ii) any other party's access to or use of this App using your account and/or password; or (iii) your breach of any of these terms; (iv) any other party's breach of any of these terms where such party was able to access or use this App using your account and/or password.
6.3. You expressly agree to release BACHcode from any and all liability connected with your activities as recorded through the App, and promise not to sue BACHcode for any claims, actions, injuries, damages, or losses associated with your activities. You also agree that in no event shall the Released Parties be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the services, (b) your use or misuse of equipment or programs created by us while engaged in your activities, (c) your dealings with third party service providers or advertisers available through the App, (d) any delay or inability to use the App experienced by you, (e) any information, software, products, services or content obtained through the App, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.

7.AVAILABILITY
7.1. This App is available to handheld mobile devices running Apple iOS and Android OS Operating Systems, (and running on Web for the case of Web Apps). BACHcode will use reasonable efforts to make the App available all the times. However you acknowledge the App is provided over the internet and networks and so the quality and availability of the App may be affected by factors outside Bachcode’s reasonable control. The App availability may be interrupted during system maintenance period at any time and without notice.
7.2. BACHcode does not warrant or make any representations as to the security of this App nor do we warrant that functions or materials accessible from or contained in this App will work uninterrupted or error free, that defects will be corrected or that this App is free from viruses or other harmful elements.
7.3. BACHcode does not have any responsibility whatsoever for unavailability of this App, or any difficulty or inability to download or access content or any other communication system failure which may result in this Application being unavailable.

8. SYSTEM REQUIREMENTS
8.1. In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications.
8.2. The Software Requirements are as follows: Apple iOS devices running iOS 11 or above, and Android OS devices running Android OS 6.5 and up; Language: English and Traditional Chinese.
8.3. The version of the App software may be upgraded from time to time to add support for new functions and services. You can download to the latest version under the use of the App under the conditions defined in this Terms of Use.
8.4. BACHcode will use reasonable effort to make the App operate properly in common models of phones running mentioned OS.

9. REFERENCE
9.1 Part of the health information and health score estimation are referred to the Framingham Heart Study ('Framingham'), which is supported by the National Heart Lung and Blood Institute (NHLBI) of the National Institutes of Health and Boston University School of Medicine, under NIH award HHSN268201500001I. BACHcode chooses to implement it, as It is popularly used and is being trustworthy. BACHcode will use the best effort to test and verify before embedding it into ReHealthier solution. However, BACHcode is not responsible in case of any loss due to any change or any inaccuracy of Framingham's information.

10. TERMINATION
10.1. Bachcode may change the format and content of this App at any time. We may suspend the operation of this App for support or maintenance work in order to update for any other reason. We have the right to terminate access to this App at any time and without notice.
10.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

11. GENERAL
11.1 These terms are governed by the laws of Hong Kong and the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

© 2020 Bachcode Co. Limited

 

Eat Rite Features

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(May 2020)

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Eat Rite is a healthy eating app powered by ReHealthier AI health data analytics technologies. ReHealthier is a registered trademark of BACHcode Co. Limited
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BACHcode Co. Limited

Unit 731, 7/F, Building 19W, Hong Kong Science Park, Shatin

Tel: (852) 9259 0979

Email : info@bachcode.com

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