1. Introduction
These Terms and Conditions (“Terms”) govern the use of the mobile application (“App”) designed for elderly subscribers (“Subscribers”). By registering, accessing, or using the App, Subscribers agree to be bound by these Terms. The App is operated by Gengen Group Limited, incorporated under the laws of the Hong Kong Special Administrative Region (“Hong Kong”). References to “we,” “our,” or “the App” mean Gengen Group Limited and its affiliates. These Terms constitute the entire agreement between the App and Subscribers and supersede any prior agreements, representations, or understandings.
2. Eligibility and Account
2.1
Age Requirement: Subscribers must be at least 18 years old or have guardian consent to register. Certain services (including payment functions) are restricted to legal adults under Hong Kong law.
2.2
Account Responsibility: Subscribers are responsible for all activities conducted under their account. Passwords and login credentials must be safeguarded and not reused across services. If account verification fails, access may be permanently lost.
2.3
Accuracy of Information: Subscribers must provide accurate, complete, and updated personal data. Failure to do so may result in suspension or termination of services.
3. Personal Data Collection and Use
3.1
The App collects and processes the following categories of personal data:
- Health metric data voluntarily provided by Subscribers.
- Personal identification information.
- Payment gateway information and Octopus card information linked to the App.
- Data generated through participation in games, purchases, and social activities.
3.2
The App complies with the Personal Data (Privacy) Ordinance (Cap. 486). Subscribers have the right to access, correct, and withdraw consent regarding their personal data, subject to technical feasibility.
3.3
A separate Privacy Policy sets out details of data collection, use, and sharing.
4. Transfer and Sharing of Data
4.1
Personal data may be shared with relatives or designated persons only upon explicit consent of the Subscribers.
4.2
Health metric data may be transferred to external medical institutions and medical analysis companies solely upon Subscribers’ consent.
4.3
Payment gateway and Octopus card information linked to the App will be transferred into the App system for processing transactions.
4.4
Subscribers must provide express consent before any transfer of personal data to third parties.
4.5
By electing to use optional services (medical analysis, entertainment, or communication with other Subscribers), Subscribers shall be deemed to have provided consent to the transfer of their personal data to relevant parties necessary for the provision of such services.
5. Use of the App
5.1
Subscribers shall use the App solely for lawful purposes and in accordance with these Terms.
5.2
Misuse of the App, including fraudulent activities, unauthorized access, or violation of applicable laws, shall result in immediate suspension or termination of access.
5.3
Subscribers must not:
- Upload or transmit defamatory, obscene, discriminatory, or unlawful content.
- Use automated tools (bots, scrapers) to access or collect App data.
- Introduce viruses, malware, or harmful code.
- Impersonate others or misrepresent identity.
5.4
Subscribers shall exercise discretion in deciding whether to use optional services including medical analysis, entertainment, and communication features.
6. Paid services
The following provisions apply to all paid services offered through the App:
i
Third party products/services: If paid services include third party products/services, Subscribers agree that their purchase and use are also subject to the third party’s terms of service and privacy policy, which should be reviewed carefully before acceptance.
ii
Payment obligation: Subscribers warrant that they meet the minimum legal age to enter into binding contracts. They agree to pay all fees for paid services purchased, including applicable taxes and charges. Subscribers are responsible for all charges incurred under their account, including by authorized persons, linked accounts, or persons who gain access due to failure to safeguard credentials.
iii
Payment methods: Subscribers authorize us to charge fees using their designated payment method. If payment fails, we may charge any other stored payment method. Subscribers remain responsible for all fees even if a payment method fails. We may update payment information automatically through card issuers or payment processors. Additional fees may apply for certain payment methods (e.g., cheques or bank transfers).
iv
Payment terms: Fees may be charged daily, monthly, annually, one time, or otherwise as specified, regardless of whether the Subscribers download or use the service.
v
Automatic renewal: Many paid services renew automatically. Unless cancelled at least 48 hours before the end of the current subscription period, subscriptions will renew at the then current price (excluding promotional discounts) using the Subscribers’ stored payment method.
vi
Fraud prevention: We may verify payment methods by charging a nominal amount and immediately refunding it. Subscribers authorize such verification for anti fraud purposes.
vii
Free trials: Free trials may be offered. Unless cancelled before the trial ends, regular subscription fees will apply at the then current rate. We may limit free trials to one per Subscriber and prohibit combining with other promotions.
viii
No refunds: All fees are non-refundable unless otherwise required by law or expressly stated at registration.
ix
Termination of paid services: We may modify, suspend, or terminate paid services without notice. Refunds will be provided only for discontinued services that were prepaid and not delivered. Subscribers may cancel paid services at any time via their account.
x
Fee changes: We may change fees or billing methods with at least thirty (30) days’ prior notice. Your continued use after changes take effect constitutes acceptance of the new fees or billing methods.
xi
Arrears: Unpaid fees outstanding for fifteen (15) days will be deemed arrears. Accounts in arrears may be suspended or terminated at our discretion, and Subscribers are responsible for all collection costs, including legal fees.
xii
Billing disputes: Subscribers must notify us in writing of any billing issues within fifteen (15) days of the first appearance on their statement. Failure to do so within the prescribed period shall constitute a waiver of the Subscribers’ right to dispute such charges.
7. Subscription and termination
7.1
Fees: A monthly subscription fee shall be payable for continued access to the App.
7.2
Termination by Subscriber: Subscribers may terminate their subscription at any time by providing us with one (1) month’s written notice.
7.3
Refunds: Subscription fees paid are non-refundable, except where otherwise required by applicable law.
7.4
Suspension/termination by App: We may, at our sole discretion and without prior notice, suspend or terminate any account without notice for breach, unlawful use, or prolonged inactivity.
8. Intellectual property
8.1
Ownership: All intellectual property rights in the App, including software, design, trademarks, and content, shall remain the property of Gengen Group Limited or its licensors.
8.2
License: Subscribers are granted a limited, revocable, non-transferable license to use the App solely for personal, non-commercial purposes.
8.3
Restrictions: Subscribers shall not copy, modify, distribute, or create derivative works from the App without the prior written consent from Gengen Group Limited.
9. Indemnity
Subscribers agree to indemnify, defend, and hold harmless the App, its affiliates, officers, and employees against any claims, damages, liabilities, costs, or expenses (including legal fees) arising from and/ or in connection with the Subscribers’ misuse of the App, breach of these Terms, or violation of applicable laws.
10. Disclaimers
10.1
Medical analysis: The App merely facilitates transfer of health metric data to external medical institutions. The App does not conduct medical analysis nor verify the accuracy or reliability of external providers. The App shall not be liable for any medical conclusions, diagnoses, recommendations, personal injuries, negligence, or damages arising from reliance on such external medical analysis and/ or medication timetabling and/ or any medication suggestions whatsoever. The Subscribers understand and fully aware that all the medical analysis and/ or suggestion is provided for reference only and shall not be relied upon as professional advice. The Subscribers shall seek independent medical practitioner and/ or professional advice whenever he/ she thinks fit.
10.2
Medical consultation: The App provides entertainment and networking features but does not guarantee safety of interactions. The App disclaims liability for any harm, fraud, misconduct, negligence, personal injuries, or damages arising from such interactions.
10.3
Entertainment and social networking: The App merely facilitates transfer of health metric data to external medical institutions. The App does not conduct medical analysis nor verify the accuracy or reliability of external providers. The App shall not be liable for any medical conclusions, diagnoses, recommendations, personal injuries, negligence, or damages arising from reliance on such external medical analysis and/ or medication timetabling and/ or any medication suggestions whatsoever. The Subscribers understand and fully aware that all the medical analysis and/ or suggestion is provided for reference only and shall not be relied upon as professional advice. The Subscribers shall seek independent medical practitioner and/ or professional advice whenever he/ she thinks fit.
10.4
General disclaimer of liability - Basis: The App is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.
- Exclusions: To the maximum extent permitted by law, the App shall not be liable for:
- Personal injuries: Personal injuries, negligence, or damages arising from external medical analysis, consultation, entertainment, or social networking services.
- Third party reliance: Losses or damages resulting from reliance on third party services or interactions.
- Consequential losses: Any indirect, consequential, punitive, exemplary, or incidental damages.
- Unauthorized use: Unauthorized use of Subscribers’ data resulting from failure to safeguard credentials.
- Payments: Errors, delays, interruptions, or failures in payment processing, including Octopus card transactions.
- Cap: Liability of the App, if any, shall be strictly limited to the subscription fees paid by the Subscribers in the six (6) months preceding the claim. No further claim shall be entertained whatsoever.
- Risk allocation: Subscribers acknowledge and agree that the allocation of risk under these Terms is an essential basis of the bargain between the parties.
11. Respect for others
- Legal compliance: Subscribers shall comply with all applicable laws, rules and regulations, including export control, sanctions, and anti-trafficking.
- Rights of others: Subscribers shall respect the rights of others, including privacy and intellectual property rights.
- No harm or harassment: Subscribers shall not harass, harm, defraud, mislead, impersonate, bully, or otherwise cause damage to others or themselves in connection with the use of the App.
- Reporting abuse: Abuse or violations of these Terms may be reported through the App’s reporting mechanisms, and will be handled in accordance with our policies.
12. Prohibited conduct and abuse prevention
Subscribers shall not abuse, harm, interfere with, or disrupt the App or its systems, including by:
- Security bypass: Spamming, hacking, or bypassing security measures.
- Deception: Creating fake accounts, fraudulent content, or misleading reviews.
- Rights infringement: Using the App to infringe legal rights, including intellectual property or privacy rights.
- Reverse engineering: Reverse engineering the App or its underlying technology, except as permitted by law.
- Misrepresentation: Concealing identity or misrepresenting affiliation to violate these Terms.
- Encouragement: Encouraging others to violate these Terms.
13. Content licensing
13.1
Ownership remains with Subscribers: Subscribers retain ownership of their content, including all intellectual property rights.
13.2
License to App: By submitting content, Subscribers grant the App a worldwide, royalty-free, non-exclusive license to use, store, reproduce, and display such content solely for operating and improving the App and providing services.
13.3
Privacy unaffected: This license does not affect Subscribers’ privacy rights and applies only to intellectual property rights.
13.4
Exclusions: This license does not extend to publicly available factual information or suggestions/feedback (see Section 16).
14. Health Data Sharing
14.1
Sharing with Third-Party Apps: Subscribers may choose to share their health data with third-party apps they trust. Such apps must request and obtain the Subscribers’ express permission to read or write data, explain why access is needed, and provide a privacy policy describing their use of health data. Subscribers retain control over what data is shared and may change or revoke access at any time.
14.2
Sharing with Family and Friends: Subscribers may choose to share certain health data with trusted contacts, such as family and friends. Subscribers maintain control over which categories of data are shared. Once accepted, the recipient may view summaries, historical data, and updates unless sharing is stopped. Subscribers may add or remove topics at any time, and may stop sharing, which deletes historical data from the recipient’s device.
14.3
Sharing with Healthcare Providers: Subscribers may choose to share certain categories of health data with participating healthcare organizations. Subscribers control what data is shared and may change or revoke access at any time. Data shared is encrypted in transit and at rest, and stored securely in compliance with applicable privacy and security standards. Healthcare providers may add shared data to medical records and use it to assist their independent assessment. Once sharing is stopped, providers lose access, though previously shared data may remain in their records.
14.4
Health Records Feature: Subscribers may use integrated features to securely download their clinical health records from participating healthcare organizations into the App. These records are encrypted in transit and at rest, stored securely, and accessible only to the Subscriber. Healthcare organizations’ privacy policies govern the handling of such records once downloaded. Subscribers may stop downloading or delete records at any time, though healthcare providers may retain copies in their own systems.
15. Medications Feature
Subscribers may manage and track medications, vitamins, and supplements within the App. Features may include creating a medications list, setting schedules and reminders, and receiving alerts about potential interactions. Processing occurs on-device where feasible. Subscribers may choose to share medication information with family, friends, and healthcare providers under the same controls described in Section 14. The App does not verify the accuracy of medication information and disclaims liability for medical decisions, conclusions, or outcomes based on such medication information.
16. Removal of the App and Data Management
16.1
App removal: Subscribers may choose to uninstall or remove the App from their device at any time. Removal of the App does not automatically delete health data stored locally on the device or data already shared with third-party apps, family/friends, or healthcare providers.
16.2
Continued access by recipients: Any third-party apps or health data recipients previously authorized will continue to have access to existing health data that was shared prior to removal of the App, unless and until the Subscriber separately revokes such permissions.
16.3
Sensor-based data: Certain device-integrated features (e.g., heart rate, blood oxygen, step count) may continue to capture and store data locally on the device even after the App is removed. Subscribers shall remain solely responsible for managing such data through the device’s settings.
16.4
Redownload: Subscribers may redownload the App from the relevant app store at any time, subject to availability. Upon reinstallation, previously stored health data on the device may be re-linked to the App, unless such data has been deleted by the Subscribers.
17. Data Retention and Deletion
17.1
Subscriber control: Subscribers shall remain in control of which information is added to the App and how long such information is stored.
17.2
Local and cloud storage: Health data may be stored locally on the Subscribers’ device and, if the Subscribers choose, backed up to cloud services (e.g. iCloud).
17.3
Review and deletion: Subscribers may review, edit, and delete health data at any time using in-App or device settings.
17.4
Temporary metadata retention: When health data is deleted, certain metadata (such as timestamps associated with deleted samples) may be temporarily retained on the device to synchronize deletions across devices and authorized third-party apps.
17.5
Revocation of permissions: Subscribers may revoke permissions previously granted to third-party apps, family/friends, or healthcare providers at any time. Revocation prevents future sharing but does not retroactively delete data already shared with those parties.
17.6
Operator obligations: The App operator will not retain Subscribers’ health data beyond the period reasonably necessary to provide services or comply with legal obligations.
18. Amendments
We may amend these Terms or introduce new features at any time and without prior notice. Material changes will be notified to the Subscribers via in-App messages, email, or other reasonable means of notification. Continued access to or use of the App following the effective date of such changes shall constitute the Subscriber’s full acceptance of the amended Terms.
19. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Any disputes shall be subject to the exclusive jurisdiction of the courts of Hong Kong.
20. Feedback
Any feedback, suggestions, or ideas submitted may be used freely by the App without obligation or compensation. Subscribers waive any intellectual property rights in such submissions.
21. General provisions
- Service provider: The App and all related services are provided solely in Hong Kong by Gengen Group Limited, a company incorporated in Hong Kong with its registered office at Shop 2008, Level 2, United Centre, 95 Queensway, Admiralty, Hong Kong. Gengen Group Limited is the contracting party under these Terms.
- Notices: We may provide notices via email, postal mail, SMS, push notifications, in-App messages, or by posting within the App. You are deemed to have received notices when sent to the contact details linked to your account.
- Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- No waiver: Any failure or delay by us to enforce a provision shall not constitute a waiver. A waiver must be in writing and is limited to the specific instance expressly stated.
- Assignment: We may assign or transfer these Terms (including rights and obligations) without notice, including in connection with restructuring, merger, acquisition, or asset transfer. You may not assign your rights or obligations without our prior written consent.
- Force majeure: We shall not be liable for any delay or failure to perform due to events beyond our reasonable control, including network failures, power outages, epidemics, government actions, labor disputes, or failures of third-party services (including payment processors and IoT devices).
- Account non-transferability: Accounts are personal and non-transferable. Rights under these Terms terminate upon the death of the Subscribers, subject to applicable law.
- Relationship of parties: The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between the parties.
- Survival: The following provisions survive termination: Paid Services (to the extent of outstanding fees), Indemnity, Disclaimers, Intellectual Property, Governing Law and Jurisdiction, and this General Provisions section.
- Interpretation: Headings are for convenience only and do not affect interpretation of these Terms. “Including” means “including without limitation.”
- Language versions: If these Terms are provided in multiple languages, the English version will prevail to the extent of any inconsistency, unless Hong Kong law requires otherwise.
- Contact: For questions about these Terms, contact us at [email address] or at Shop 2008, Level 2, United Centre, 95 Queensway, Admiralty, Hong Kong.
By continuing to use The GenGen App, you understand and acknowledge that The GenGen App and services within it:
- are not a substitute for seeking medical advice. Always follow any medical advice given by your healthcare professionals;
- are provided for information purposes including, to assist you to manage any conditions and treatments that you might require under the supervision and care of a healthcare professional;
- do not provide medical or clinical diagnostic services;
- are not intended to be prescriptive or authoritative in respect of a diagnosis, condition or treatment, and are not intended to provide information on which you should solely rely.
Please note your doctor or other healthcare professionals remain ultimately responsible for your health and wellbeing (including but not limited to any diagnosis or other healthcare advice). If you have any questions about your medical records or other health-related information made available via The GenGen App, you should contact your Doctor or other healthcare professional directly.
Where you have provided information on which we may base advice and guidance, you warrant to have provided that information correctly and completely, we are not responsible for advice and guidance provided to you due to false or misleading information from yourself.
We are not responsible for any delay or lack of response by your healthcare provider to any contact you make through The GenGen App.
If you use Core Services or Platform Services in respect of your child or someone you care for these terms and any other applicable terms and conditions still apply to your use and you:
- must not share your user identification code or password with anyone else, including the person you are accessing services on behalf of
- are responsible for service access and use of The GenGen App as if it were your access and use, including being responsible for compliance with these terms and any other applicable terms and conditions in respect of your access
- must, to the extent possible bearing in mind their age, condition and capacity, make the person you are accessing services on behalf of aware of: (i) your access and any steps you take on their behalf, and (ii) these terms and other applicable terms and conditions.
Where we have assessed it to be useful to GenGen App users, we may include links to national health and other care websites that are not managed by us. We do not monitor or control the content of such websites. Any such link provided in The GenGen App is solely for your convenience. We do not accept any responsibility for any third-party website or third-party applications.
