Terms and Conditions
The Terms and Conditions stated therein (collectively, the “Agreement”) constitute a legal agreement between you and Mixup Solutions Limited (“the Company”, “we”, “our” “MixCare Health”) stating the Terms and Conditions that govern your use of any services and properties such as websites or applications (“the Platform”) owned and operated by the Company. In order to use the services and properties of the Company, you must agree to the Terms and Conditions that are set out below. By using or receiving any services supplied to you by the Platform, and downloading, installing and/or using the Platform, you hereby expressly acknowledge and agree to be bound by the Terms and Conditions set forth in this Agreement. If you do not agree to these Terms and Conditions, do not access or use the Platform. The Company reserves the right to update and/or modify the Terms and Conditions of this Agreement at any time, effective upon posting of this Agreement on the Platform. Additionally, the Company reserves the right to refuse access to and use of the Platform under this Agreement.
Becoming a MixCare Member
Welcome to “MixCare”, a health and wellness membership program that provides you access to a wide medical network of General Practitioners, Specialists and other wellness services and providers, Mixup Solution Limited (“MixCare Health” or “we”) and our partners. You can find those products and services on our web platform and mobile app.
MixCare is administered, managed and distributed by MixCare Health. The following terms and conditions set out the rules governing this membership program (the “Program” and its “Terms and Conditions”). As we seek to continue to improve the Program, we may change these Terms and Conditions from time to time at our sole discretion. This is a membership program and not an insurance contract.
By joining MixCare, you are deemed to have read, fully understand and agree to abide by these Terms and Conditions. You must read these Terms and Conditions before you apply to join the Program. These Terms and Conditions contain important information. If you do not understand them or have any questions, please email us at email@example.com. We are here to assist you.
1.2. Who can sign up
You must meet the following criteria before you can apply to join MixCare:
- you have received an invitation from us, or our partners who we designate from time to time;
- you have a valid and unique work email address and contact phone number;
- you reside in Hong Kong;
- you are a natural person (and not a company or trust or any other structures); and
- you meet all of the other criteria or conditions that we may impose from time to time.
Notwithstanding the above, we have the sole discretion in determining whether we accept your application.
1.3. How to sign up
You may apply to join MixCare through our website or mobile app. If we accept your application, we will inform you through a confirmation email.
We may, at our sole discretion, assign different status to different members’ membership with different rights and duties attached to the status. For example, some members may have access to more information than the others and some may need to pay certain membership fees while the others do not. In the event you do make the application, you are deemed to accept all the terms of the proposal and all other conditions . In any event, we have the sole discretion in determining whether we accept it.
By continuing to be a member of MixCare, you unequivocally agree to the terms and conditions applicable to your membership status as amended from time to time.
You may check your membership status through the MixCare membership site that is hosted on our website, web applications and/or mobile applications (collectively, the
“Membership Portal”). Since membership fees may apply and may be collected by third parties on our behalf, please check the Membership Portal for details.
You can only hold one membership at any one time. You are also agreeing that some of your customer data may be passed to partners from time to time.
Depending on your subscription model, each membership term is either one year or one month subscription plan stated in the web platform or mobile app. The first term begins on the first day you become a MixCare member. If you do not use the membership benefits within a membership term, they will be forfeited and cannot be carried over to the next term.
If you wish to remain a member of MixCare, depending on your subscription model, you must renew your membership every month or year. MixCare adopts an auto renewal policy, if you do not unsubscribe your membership, your membership will be subjected to auto renewal at the expiry date depending on your primary subscription model (monthly memberships will be auto renewed for a month, yearly memberships will be auto renewed for a year etc.)
1.5. Changing your membership status
We may, at our sole discretion, offer you an upgrade to a different membership status options from time to time, and it is your own decision to decide whether to proceed with applying for the membership status change based on our proposal. In the event you do apply to make a status change, you are deemed to accept all the terms of the proposal and all other conditions. In any event, we have the sole discretion in determining whether we accept your application to change your membership status.
2.1. Entitlement to benefits
MixCare offers a range of benefits (“Benefit(s)”) to its members, such as access to medical services as well as health and wellness products (“Product(s)”) and services (“Service(s)”). We have the sole discretion in determining your entitlement to any of the Benefits. You may check the details of your entitlement at the Membership Portal.
The party providing the Benefits may be us or any of our designated partners and each Benefit item may be subject to further terms and conditions. If you choose to use a Benefit, you will be bound by the additional terms and conditions applicable to that Benefit item. If there are any inconsistencies between these Terms and Conditions and those additional terms and conditions, the latter prevail.
We can, at any time, withdraw, suspend or amend any of the Benefits at our sole discretion, with or without notice.
Using your membership
3.1. Claiming Benefits
You can view and claim the Benefits that you are entitled to by following the instructions on the Membership Portal or in our communications to you.
3.2. Your choice
MixCare offers a range of Services and Products, with some only redeemable with certain membership statuses, please check with each membership plan applies to which services of your wish. You can decide whether or not and which, if any, of the Services and Benefits to use.
3.3. Membership Portal
The Membership Portal may not be available at all times and we will not be liable to you in connection with any unavailability and unreliability of it and any aspects of the information displayed on or through it.
3.4. You may need to pay for Products or Services or enter into a contract
In order to claim certain Benefits and use certain Services or Products, you may need to make a payment in addition to your MixCare membership fees (if any). For example, in some circumstances you may need to engage one of our partnered medical doctors to complete a Service and you may need to pay for it notwithstanding you have paid any MixCare membership fees. You can check the relevant information on the Membership Portal and/or our partners’ websites and such information will be communicated to you before you choose to use the Benefits, Services or Products.
In some circumstances, you may be required to enter into a contract with our partner to claim certain Benefits or use certain Services or Products. We will not be a party to any contract between you and our partner, and we will have no liability in connection with that contract.
3.5. Providing information to us and our partners
You must provide your MixCare Membership Card and other personal information requested by us and our partners in order to claim your Benefits.
You must answer all our and our partners’ questions honestly and ensure that all information you provide is true, complete, accurate and not misleading. You must provide us and our partners with all information including any medical conditions that might be relevant to the Benefits, Services or Products before you use them.
If you provide information to us that comes from a third party (such as a receipt issued by a third party medical service provider) or if you arrange a third party to provide information to us (such as arranging a third party doctor to provide your medical history to us), that third party must not be related to you and must not have any interest that may conflict with ours and our partners’ in providing that information.
If you do not provide the information that we or any of our partners require, you will not be able to use the Services or Products or receive the Benefits.
You may be required to provide certain information online. No data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit online whether via our website, the Membership Portal or our partners’ websites. Any information which you provide via the internet is provided at your own risk.
3.6. We can verify the information you provide
We can take steps to verify the information you provide to us, including by contacting persons (such as medical practitioners) referenced in the information you provide to us. You consent to those persons discussing you with us and disclosing your personal information (including sensitive information and medical records) to us. We may also ask you for further information or evidence to verify the information you provide to us.
3.7. Benefits may not be available
Some Services or Products may not be available at all times or in some locations or to certain age groups. We will not be liable to you for any Services or Products not being available to you.
3.8. Use at your own risk
You use the Services or Products at your own risk. The Services or Products available through MixCare and the information and materials provided to you through MixCare may not be suitable for all members. You must use your best endeavours to ensure your own safety while using the Services or Products and to avoid harm to yourself.
3.9. Seek independent advice
MixCare is a membership program. It does not constitute medical advice and is not a substitute for medical advice or treatment. You should consult your doctor or the appropriate professionals independent of MixCare in relation to your personal circumstances including any health or medical condition prior to joining MixCare or using any of the Services or Products.
Information and materials provided to you through MixCare may not be based on the most recent findings or developments and are not specifically tailored for any particular person. There could be health and wellness research that could render the information provided by or through us or our partners obsolete or in other ways not applicable
You must not disregard or change any treatment your doctor or other health professionals recommends to you as a result of the use of a Service or a Product without first consulting that doctor or health professional.
3.10. Use by others
- Your membership is for your personal use only and is not transferrable. Without limiting this:
- you must not provide or give to any other person, or allow any other person to use, any Service, Product or Benefit unless specifically permitted by the terms and conditions
for that Service, Product or Benefit;
- you must take reasonable steps to ensure that no one else uses your MixCare membership unless specifically permitted by the terms and conditions for that Service, Product or Benefit;
- you must not use MixCare (and any Services, Products and Benefits available under it) for business or commercial purposes; and
- we may, at our sole discretion, allow your dependent to use the Benefits on the following conditions:
– you have provided the personal and other information of your dependant pursuant to our request and in doing so, you have complied with all laws and regulations including the Personal Data (Privacy) Ordinance (Chapter 486, Laws of Hong Kong);
– you represent and warrant that your dependant has the capacity to use the Benefits fairly and responsibly and in accordance with these Terms and Conditions;
– you undertake to indemnify MixCare Health, and all of its directors, employees and contractors, and hold all of them harmless from any claim, loss, damage, costs, expenses of any nature or other liability arising from or related to your dependant’s use of the Benefits or breach of these Terms and Conditions arising out of such use or breach; and
– you have communicated to your dependant and you and your dependant fully understand that, by applying for your dependant’s eligibility to use the Benefits, you and your dependant are deemed to accept and agreed to comply with these Terms and Conditions notwithstanding that he / she is not a MixCare member and we do not owe any obligation to him / her.
3.11. Using your membership responsibly
You must not use your membership for illegal purposes, in any manner that is inappropriate, likely to offend others or fraudulent. We may take steps to verify the responsible use of your membership.
3.12. No warranty
We make no express or implied representation or warranty regarding the completeness, accuracy, reliability, suitability or currency of the information provided by us or our partners under the Program.
3.13. No exchange for cash
The Benefits under the Program and the membership have no cash value and cannot be exchanged for cash
FEES, CHARGES AND TAXES
Consumers will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are cancellable and fees paid are non-refundable , and (iii) quantities purchased cannot be decreased during the relevant subscription term.
Consumers will provide the Company with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to the Company. Doing so, the Consumer authorizes the Company to charge such credit cards for all purchased services listed in the order form for the initial subscription term and subscriptions shall be renewed automatically at the expiration of the existing without further notices. Such charges shall be made at the day of expiration of the existing subscription, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the orders form specifies that payment will be by a method other than a credit card. The company will invoice you in advance and otherwise in accordance with the relevant order form. Unless otherwise stated in the order form, invoiced charges are due immediately at the invoice date. The Consumer is responsible for providing complete and accurate billing and contact information to the Company and of any changes to such information.
The Company reserves the right to increase fees or to institute new fees or charges on Users of the Platform, upon reasonable notice provided to users and/or posted on the Platform.
Changes to these Terms and Conditions
5.1. Changes to this Program
We have the sole discretion to, in whole or in part, with or without notice, at any time
- change any aspect of MixCare Health including its ownership, management, structure, MixCare membership fees, membership status options and membership levels, benefits, products and services, rules, procedures, conditions of participation, identity and range of partners, incentives, discounts, eligibility requirements and features including these Terms and Conditions and any other terms and conditions communicated in any other materials relating to the Program; and
- terminate, suspend, cancel or revoke MixCare Health and MixCare Memberships.
Any revisions of the Terms and Conditions shall be effective as at the date of publication on the website. By continuing to be a member of MixCare Health, you unequivocally accept the applicable Terms and Conditions as amended from time to time.
5.2. Termination by MixCare Health
We have the sole discretion to, in whole or in part, with or without notice, at any time unilaterally terminate your membership. Without limiting this, we may terminate your membership if:
- we suspect you have used your MixCare Health membership for illegal purposes, in any manner that is inappropriate, likely to offend others or is fraudulent; you have breached these Terms and Conditions; or where there is a benefit associated with your membership and you choose to terminate your contract with us.
5.3. Termination by you
You may terminate your MixCare Health membership by notifying us on our portal. You can also email us at firstname.lastname@example.org. Upon our receipt of your notification, your membership will last till the end of the current billing cycle and you will not be billed in the following billing cycle. Please also note that it would take 5 business days to proceed with your request.
In the event you choose to terminate your MixCare membership, note that such termination may not release you from the performance of any other agreement, obligation or liability on your part with or owed to any other 3rd party. MixCare Health shall bear no responsibility in communicating your termination to such 3rd parties.
In the event you terminate your MixCare membership and wish to re-apply for membership, we have the sole discretion in determining whether we accept your application.
5.4. Termination upon demise
Membership will automatically be terminated in the event of a member’s demise.
5.5. Consequences of termination
If your membership is terminated for any reason:
- you will no longer be entitled to use your membership, use the Benefits, Services, Products or Membership Portal;
- save for termination under clause 5.4, any rights that have accrued to either you or us under these Terms and Conditions at the date of termination will remain enforceable after termination; and
- your rights and obligations vis-a-vis other third parties (including our partners which provide the Benefits, Services, Products and which collect membership fees on our behalf) that have accrued to either you or the third parties will remain enforceable after termination (if applicable).
Out-patient Exclusion List :
- Treatment arising from infertility including in-vitro fertilization or any other artificial method of inducing pregnancy
- Charges relating to birth control or sterilization of either sex
- Pregnancy and all matters related to pregnancy, childbirth, abortion or miscarriage
- Fetal surgery or treatment
- Charges for accommodation, nursing and services received in health hydro, nature cure clinics, convalescent homes, rest home or similar establishments
- Treatment arising from the abuse of drugs or alcohol
- Treatment arising from self-inflicted injuries whether sane or insane
- Treatment arising from sexually transmitted diseases
- Treatment arises from Human Immunodeficiency Virus Infection
- Treatment for congenital abnormalities and complications arising from congenital abnormalities
- Treatment arising from any psychogeriatric or psychiatric condition, such as psychoses, neuroses, depression, anxiety, anorexia nervosa, schizophrenia, behavioral disorders etc.
- Treatment arising from sexual dysfunction such as impotence, erectile dysfunction, pre-mature ejaculation, regardless of cause
- Charges for blood or blood plasma
- All organ transplantation, transplant procedures and acquisition of the organ itself to be used for organ transplantation;
- Treatment arising from war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or racing on horses or wheels or any form of powered water sports
- Artificial life maintenance including mechanical ventilation, where such treatment will not or is not expected to result in the Person Insured’s recovery, or restore the Person Insured to his/her previous state of health
- Sleep disorders including insomnia, snoring, sleep-related breathing problems or sleep studies
- Charges for the procurement of use of special braces, appliances, spectacles, hearing aids, wheelchairs, crutches or other equipment
- Correction of vision or eye refraction error such as myopia, hyperopia, presbyopia
- Charges in respect of cosmetic surgery or treatment for cosmetic purpose such as consultation for Acne Vulgaris, weight problem, hair loss etc.
- Charges in respect of routine eye or hearing tests, routine or screening blood test, general check-ups, vaccination or inoculation
- Injection fee
- Dental Treatment
- Routine physical examinations and investigations
- Any treatment or medication for non Medically Necessary weight control
- X-ray using contrast media & Advanced imaging such as Barium Meal, Intravenous Pyelogram, Barium Swallow, Barium Enema Computerised axial tomography scan, Magnetic Resonance Imaging Scan, Positron Emission Tomography Scan, investigations involving radioactive substance, Gastroscopy with CLO Test, Colonoscopy etc.
- Histopathology Examination of Biospy Specimen
- Physiotherapy Treatment : Shockwave Therapy , Manual Therapy (orthopedic massage and manipulation) , Hydrotherapy
- Alternative treatment including to acupressure, Tui Nai, hypnotism, rolfing, massage therapy, aromatherapy etc
- Radiotherapy and chemotherapy
- Long term repeat medication
- Chronic illness; any diseases and disorders, with or without signs and symptoms, that persists more than six months and which requires regular medical attention. 。
- Experimental and/or new medical technology/procedure not yet approved by the Company
- Non medical services such as guest meals, radio, telephone, photocopy, taxes, medical report charges and the like, In case of any dispute that it may cause, the decision of Health Maintenance Medical Practice Limited will be final.