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    Terms of Use

    By using this Application ("Application"), you are deemed to have accepted the terms and conditions of the Application. If you do not agree to be bound by the below Terms of Use, please refrain from using the Application. This Terms of Use shall be governed, interpreted and enforced according to the laws of Hong Kong SAR. Any reference to law, ordinance and rules in this Terms of Use shall be referred to the laws of Hong Kong SAR.

    1. Requirement of Use

    This Application is owned and operated by Asia Diabetes Foundation Limited (“ADF”, "we", "our"). These Terms of Use limit the liability of ADF and its affiliates, subsidiaries, employees, agents, contractors and any third party content provider for the use of such contents, information, goods and/or services.

    1. License of the Application

    (a) Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable license to download and install one copy of the Application on your device and to run such copy of the Application solely for your own personal use.

    (b) Your use of the Application grants you no rights in relation to our intellectual property rights (including but not limited to text, graphics, icons, images and trademarks, which are protected by copyright, trademark and other intellectual property rights owned or controlled by ADF or our licensors).

    (c) You must not

    1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;

    2. modify or make derivative works based upon the Application;

    3. reverse engineer or access the Application for whatever reason and/or purpose, includes but not limited to: 

    (1) design or build a competitive product or service;

    (2) design or build a product using similar ideas, features, functions or graphics of the Application or 

    (3) copy any ideas, features, functions or graphics of the Application

     

    1. Intellectual Property Rights

    The Application and any information available in it, including but not limited to text, graphics, icons, images and trademarks, are protected by copyright, trademark and other intellectual property rights owned or controlled by ADF or our licensors or other intellectual property owners. You must not copy, reproduce, upload, download, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of the Application for any purpose without our prior written permission. All information and services are subject to intellectual property rights protection. You must comply with the following requirements: (1) must not record, reproduce or create derivative works of the Application; (2) must not publish, post or display in public any information or content provided by the Application nor distribute or make the Application available for use on the internet or any other internet space, save and accept features and/or information of the Application that expressly allow such publishing, posting or displaying; (3) must not use the Application for any immoral, illegal or any other purpose which may be determined threatening, abusive or harmful.

    1. Privacy Policy

    You will be required to provide ADF with your personal data, including but not limited to your gender, email address, date of birth and personal medical records for different purposes and at different times. ADF is concerned to ensure that your personal data submitted through the Application are handled in accordance with the relevant provisions of the Personal Data (Privacy) Ordinance. 

    ADF will only use, disclose or transfer your personal data you provide:

    • for those purposes relating to your personal profile, feedback, food photos, news subscription and/or surveys or the purposes you are invited to provide data; or

    • where permitted by law.

    For other situations, ADF will specify the collection purpose and intended usage of your personal data when the Application invites you to provide such information and advise you how you may request access to or correction of the personal data provided. 

    ADF will also record visits to the Application without collecting any personal identifiable information of users for compiling statistical reports and diagnosing problems with or concerning computer systems to help ADF to improve the Application. ADF limits access to your personal data to their employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on ADF’s instructions, and they are subject to a duty of confidentiality. 

    Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

    • request access to your personal data (commonly known as a "data subject access request");

    • request correction of the personal data that ADF hold about you;

    • request erasure of your personal data. This enables you to ask ADF to delete or remove personal data where there is no good reason for us continuing to process it; and

    • object to processing of your personal data where we are relying on a legitimate interest;

    You also have the right to make a complaint at any time to the supervisory authority. ADF would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact ADF in the first instance.

     

     

     

     

    1. Disclaimer

    ADF hereby disclaims to the fullest extent permitted by law all warranties, conditions, undertakings, representations and terms, whether express or implied, statutory or otherwise, with respect to the Application and your use of the Application is at your own risk. All information in the Application is provided solely for reference and we do not warrant the correctness, completeness, reliability or timeliness of such information. ADF will not be liable for any claim, debt, loss or damage arising from your direct or indirect use or reliance on such information.

    ADF is not responsible for the security or privacy of communications sent via this Application and/or service including but not limited to where the Application and/or service is being accessed via wireless devices or application and/or service used on other equipment. We do not warrant that access to the Application will not be interrupted, that there will be no delays, failures, errors or omissions or loss of information, that no viruses or other destructive properties will be transmitted or that no damages will occur to your device which this Application is installed. In particular, we assume no responsibility for any interruption of the downloading of the Application, interference with other software, programs or applications on your device or any other technical defects which may occur from time to time. You will be solely responsible for any damage to your device or loss of data arising from the downloading or use of the Application.

    The use of the Application requires compatible equipment. High-speed Wi-Fi network is recommended. Your internet and/or telecom service provider may charge costs for the use of mobile data or Wi-Fi. ADF will not be liable for the accuracy or timeliness of messages you send in this Application that may be affected due to interruption, transmission blackout, delayed transmission or whatsoever reasons. 

    The database used in the Application contains nutrient data that is an average of nutrients in a particular sample of foods and ingredients, determined at a particular time.  The nutrient composition of foods and ingredients can vary considerably over different batches and between brands because of a number of factors including seasonal variation, different processing condition, and source of ingredients.  You should be aware that given these limitations, the results generated by the Application will only ever be approximate in nature, rather than exactly reflective of individual food item nutrient composition. Better reflection of the average nutritional composition of individual food item requires representative sampling. In addition, the data files used in the Application might originally be developed not for the purpose of calculating the nutrient quantities of food.

    Any and all information provided in this Application, including but not limited to Suggested Daily Intake, Nutrition Facts, Tip Of The Day, Weekly Recommendation Risk Understanding By Yourself “RUBY” test results, whether medically based or otherwise, provided by this Application shall be used for reference purpose only. This Application is not intended in any shape or form to be used, construed or applied as a substitute for professional medical care or advice provided by a doctor, physician or other qualified medical/healthcare professionals. Users of this Application, who believe, rely or make decisions regarding their health or medical care based on risk predictions provided by this Application are doing so at their own risk. Users are reminded to seek professional medical care or advice provided by a doctor, physician or other qualified medical/healthcare professionals after receiving any health related results from this Application. ADF, including but not limited to staff are not liable or do not incur any duty of care for any decisions and/or consequences arising from the assessment and/or interpretation of the results from this Application and/or RUBY. 

    1. Third Party Services

    The Application may provide access to applications, software or services operated by uncontrollable third parties and for which ADF disclaims all responsibility. Your information may be disclosed to the public during the course of downloading or use of the Application, either through the internet or by any other means. You understand that your access to and the ability to use the Application may be subject to other third party terms and conditions and privacy policies, including but not limited to those of free/libre open-source software which are adapted in this Application, application stores, mobile software platforms and payment providers. In no event shall ADF be liable for the terms and conditions, action and the use of your personal data by such third parties.

    1. Limitation of Liability

    To the largest extent permitted by applicable law, ADF will not be liable to you for any direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of the Application.

    1. Amendments, Support and Maintenance

    ADF reserves the right to alter or amend these Terms of Use at any time without prior notice. By accessing to and using the Application after the change of Terms of Use is announced, you agree to be bound by the latest version of these Terms of Use.

    We will release updated versions for the Application from time to time without prior notice. We recommend you to download or update to the latest version of the Application for the latest information and functions.

    ADF reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Application (or any part of it) without prior notice. ADF will not be liable to you or any third parties for any modification, suspension or discontinuance of the Application. ADF may also impose limits on certain features and services, or restrict your access to parts or all of the Application without notice or liability. ADF has the sole discretion to decide whether to provide maintenance and support services with respect to the Application.

    1. Termination

    Your rights under the license granted to you in Clause 2 above will terminate immediately and automatically without any notice from us if you fail to comply with any of the terms and conditions of the said license and this Terms of Use. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Such termination will not limit any of ADF's other rights or remedies at law or in equity.

    10. Acknowledgment 

    The Application was supported by Innovation and Technology Fund For Better Living, Innovation and Technology Bureau, The Government of the Hong Kong Special Administrative Region.  The Application includes nutrient data and information from the Food Nutrient Calculator and Nutrients Definition and Function of the Centre for Food Safety, the Government of Hong Kong Special Administrative Region; Singapore Health Promotion Board: My Wellness Tracker, Centre for Nutritional Studies, the Chinese University of Hong Kong; Institute of Nutrition and Food Safety, Chinese Center for Disease Control and Prevention (formerly known as the Institute of Nutrition and Food Hygiene, Chinese Academy of Prevention Medicine); the Nutrient Data Laboratory, US Department of Agriculture; Food Standards Australia New Zealand; and the Institute of Nutrition, Mahidol University, Thailand. ADF would like to thank these authorities/institutes.