eye fit Terms of Use

1. eye fit service (“Service”) is provided by us, Hong Kong Telecommunications (HKT) Limited, with collaboration with various partners (such as fitness and yoga instructors and health advisors). The Service is accessible under the eye fit application (“App”) on the device for your eye3 Smart Communications Service (“eye3 Service”).

2. Your use and our provision of the Service are subject to all applicable terms and conditions of the Service, including the terms and conditions available on the App (including but not limited to the Personal Information Collection Statement) (collectively, “App Terms”), those applicable terms and conditions set out in the Application and Service Guide (collectively, “eye3 Application”) of your eye3 Service the latest version of these eye fit Terms of Use (“these Terms”, available on the App and/or at https://wp.pccw-bbpl.com/wp-eyefit/wp-content/uploads/public-document/eyefit-Terms-of-Use.html), the latest version of the Special Conditions of eye Service for Consumer Customers (“eye Special Conditions”, available at www.hkt-eye.com) and the latest version of the General Conditions of Telecommunications of Service (Consumer Customers) (“General Conditions”, available at www.hkt.com/terms-of-use) (collectively, “Contract”).

3. If the provisions of the App Terms, the eye3 Application, these Terms, the eye Special Conditions and the General Conditions conflict with each other, the inconsistency shall be resolved in the descending order of preference set out in this Clause.

4. By using the Service, you accept and agree to (for yourself and for those who use the Service under your Service account (“Service Account”), whether with or without your prior acknowledge or consent) all terms and conditions of the Contract.

Using the Service

5. You may only use the Service as permitted by law and in accordance with the provisions of the Contract.

6. The Service is only available for your private use and must not be used for commercial purpose. You may not engage in any commercial activities, advertise and/or provide hints (such as links) on where commercial activities are present through your Service Account, or allow anyone to do so, under your Service Account (whether with or without your prior acknowledge or consent).

7. Each Service Account allows up to four (4) adult users (or such other number of users as we may designated from time to time). If you allow anyone to use the Service under your Service Account, you agree to procure that each user will use the Service in accordance with the provisions of the Contract.

8. All personal or other data provided by you or any user under your Service Account must be accurate and up to date.

9. You shall be solely responsible for all activities on your Service Account. You shall be liable for any action, omission and/or breach of the Contract by any user under your Service Account, whether the use was with or without your acknowledge or consent.

10. You shall not, nor permit any other person, to sell, reproduce, copy, distribute, broadcast, transmit, retransmit, modify nor exploit the Service, nor any content thereunder by any means, nor reverse engineer any content consisting of downloadable software.

Health information

11. You are responsible for your own health. We are not a medical organization, and we will not provide you with any medical advice or diagnosis. Information made available through the Service and by our partners shall solely be used for your own reference, recreational and/or educational purposes. You should consult your doctor before beginning any new fitness program. This is particularly true if you experience any of the following

(a) Chest pain

(b) Pain in the arm and/or neck area

(c) Shortness of breath

(d) Diagnosed heart condition

(e) Joint and/or bone problems

(f) On any medications, especially for cardiac and/or blood pressure medications

(g) Have not been previously physically active

(h) Dizziness

(i) Pregnant, breastfeeding or lactating

Even if none of the above conditions apply to you, you should still start any exercise program gradually and sensibly.

12. We do not in any way guarantee any health, weight and/or fitness results or improvements. The Service is only intended for healthy adults, and please do not use the Service if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise.

Disclaimer and limitation of liability

13. We do not guarantee that there will be any new content or any updates of contents under the Service.

14. We shall not in any way be responsible for any personal injury or any other damages that may have been the result, directly or indirectly, of any use or misuse of the Service.

15. We shall not in any way be responsible if any information made available on the Service is not entirely accurate, complete or current. Any material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any use of the Service and any reliance on the material on the Service is at your own discretion and risk.

16. We do not in any way warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

17. We shall not in any way be responsible for to your access, use, communication, transaction or any dealings with any of our partners under the Service, whether via the Service or otherwise.

Intellectual Property

18. All rights in and to the Service, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within the Service are our property and/or those of our affiliates / partners.

19. You agree not to use any Intellectual Property for any other purposes except for your proper use of the Service, unless required otherwise by applicable mandatory law.

Miscellaneous

20. You are not entitled to assign your rights and/or obligations under any provisions of the Contract or use of the Service to any third party without our prior written consent. We can transfer any of our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

21. We may revise these Terms from time to time and the most current version will always be posted on [on the App and/or at https://wp.pccw-bbpl.com/wp-eyefit/wp-content/uploads/public-document/eyefit-Terms-of-Use.html.

22. If any term or condition herein is declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible and shall be deemed to be deleted from these Terms.

23. In the event of any disputes in relation to the Service, our decision shall be final, binding and conclusive.

24. These Terms are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong.

(Effective 26 February 2020)