Terms of Use

Please read the following terms of use carefully. These terms of use apply to both registered users and non-registered users of the TikCare website or application services (hereinafter referred to as “the Service”). By clicking “Register” or registering, downloading, accessing, or using the Service in any other way, you and the Service enter into a legally binding agreement regarding your use of the Service. By agreeing to these terms of use, you acknowledge that you have read, understood, and agreed to be bound by them. If you do not agree to these terms of use, please do not access, download, or use any services in the Service.

When using the Service on behalf of a company, entity, or organization (collectively referred to as the “Subscription Organization”) or when opening an account on the Service, you represent and warrant that you: (i) are an authorized representative of the Subscription Organization and have the authority to bind the organization to these terms of service and grant the licenses provided herein; and (ii) the Subscription Organization agrees to these terms of service.

Individual users must be at least eighteen years old to use the Service.

1. General Terms

1.1 By logging into the TikCare website (hereinafter referred to as “the Service”), using the services provided by the Service, participating in activities, and/or purchasing products or services through the Service, you will be deemed to have agreed to and accepted all the terms and conditions set forth below.

1.2 The Service is owned by SilverX Limited, its holding companies, subsidiaries, and/or affiliated companies (hereinafter referred to as “the Company”). Unless otherwise specified, all content in the Service is owned by the Company. The Company reserves the right to modify any or all of the terms in these terms of use, as well as the content and/or services provided by the Service. Such modifications, if any, will take effect immediately upon the revised terms of use being published or notified to you through the Service. You agree to review the terms of use regularly to ensure that you are aware of any modifications. Your continued use of the services provided by the Service or continued access to the Service will be deemed as your agreement and acceptance of such modifications. The Company may also, without any liability, impose restrictions on certain services and content or restrict your use of all or part of the services without prior notice.

1.3 If the Company believes that a user has violated any of the terms contained in these terms of use, the Company has the right to immediately terminate or freeze the user’s account or prohibit their access to the Service, participation in specific activities, and/or the user services operated and provided by the Company or its strategic or affiliated partners, or to take appropriate action to prevent the user from continuing or further violating any of the terms contained in these terms of use, at any time and without prior notice.

1.4 You agree that the Company may change, terminate, or temporarily or permanently restrict your access to the Service or any part thereof at any time (whether or not notice is given to users). You agree that the Company shall not be liable to you or any third party for any modifications, suspensions, or terminations of the Service.

1.5 Any disputes arising from these terms of use shall be governed by the laws of the Hong Kong Special Administrative Region (“Hong Kong”), and any legal proceedings arising therefrom shall be submitted to the courts of Hong Kong.

2. Warranty Exclusions

2.1 You expressly understand and agree that you use the service at your own risk. The information, data, products, and/or services provided by this service are provided on an “as is” and “as available” basis.

2.2 To the maximum extent permitted by applicable law, this service explicitly and unequivocally disclaims all express or implied warranties, including but not limited to ownership of any works, merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

2.3 The Company will make every effort to ensure the quality of the content provided by this service, but does not make any representations or warranties regarding the accuracy, effectiveness, or completeness of the information provided. The Company does not guarantee that any errors in the software or hardware will be corrected. The company does not make any statements or warranties regarding the quality or suitability of any products sold by users through this service. The Company is not liable for any direct, indirect, incidental, or consequential losses incurred as a result of your access or inability to access this service or your reliance on any information provided within this service. Individuals who send messages to this Service or the Company are responsible for the truthfulness and accuracy of the content and must ensure that such content and messages do not infringe upon the rights of any third party.

2.4 You are solely responsible for any losses incurred in transactions with other users (including but not limited to other users, advertisers, and merchants) through this service. Any communication or transaction between you and other users through this service, including payment, delivery of goods or services, and any terms, warranties, or representations related to such transactions, are solely between you and the other users. The Company is not responsible for the services and content provided by other users who link to this service, nor is it responsible for the existence of users who link to this service. Your personal information provided through this service is governed by the privacy policy of this service. The Company may use or reproduce all other information (non-personal data) provided or distributed by you through this service for any purpose, including disclosure to third parties and for the development, production, and/or promotion of products or services.

2.5 The Company does not guarantee or warrant that data or files downloaded from this service are free from viruses, worms, or other destructive materials. The Company is not responsible for any losses or damages caused by such destructive materials.

2.6 This Service is not responsible for any losses or damages caused by events of force majeure, including but not limited to fires, floods, heavy rains, typhoons, lightning, earthquakes, riots, civil unrest, wars, or other natural disasters beyond its control, or the enactment or amendment of laws or regulations and restrictions by the government or relevant authorities, or situations beyond the reasonable control of this service. In the event that the inability or delay to register as a member, participate in activities, games, or online ordering services, or fulfill obligations or provide services as stipulated in the agreements is caused by computers, mobile phone models, networks (including but not limited to network updates), technology, hacking, or force majeure, the company assumes no legal liability. All registrations (including but not limited to membership, activities, and games) are subject to the confirmation page of successful registration. In any case, game and/or activity confirmation notices will not be reissued.

2.7 This Service makes no warranties or guarantees as to the uninterrupted, continuous, or uninterrupted access to this service. This Service reserves the right to take any part or all of this service offline for various reasons, including emergency system maintenance or upgrades.

2.8 The Company is not responsible for the content of materials posted by users on this service, and shall not be liable for any infringement of intellectual property rights or lawsuits arising from users posting such materials on this service.

3. Information and User Data Obtained Through This Service

3.1 The information obtained through this service includes, but is not limited to, articles, photos, images, audio-visual content, and shared content (referred to as “information”), which are protected by copyright laws of Hong Kong and other countries, and are owned and controlled by the company or the providers of the information.

3.2 You may not copy, reproduce, distribute, publish, adapt, modify, transmit, or use any part of this service in any way, unless you download this information for non-commercial and personal use and it does not constitute any competition (direct or indirect) to the company’s business.

3.3 When users provide or publish any information to this service, they agree to transfer the intellectual property rights (including copyright) of such information to the company, and such transfer shall be completed immediately upon the provision or publication of the information.

3.4 The Company has the right to edit, remove, modify, transmit, and display any materials submitted by you to this service, including but not limited to letters, messages, articles, photos, images, audio-visual content.

4. User Service

4.1 Before using the Service, you must complete the registration process and provide complete and accurate information. During the registration process, you must use a valid phone number in Hong Kong and/or email address for registration and verification. You can choose your own username and password, but you are responsible for all actions taken using this username and password during the use of the User Service, whether by you or any other person.

4.2 You are responsible for properly safeguarding and keeping confidential the phone credential account, username, and password that you obtain. If you discover or suspect that the phone credential account, username, and password have been used or misused by others, you must immediately notify info@tikcare.co so that the company can take appropriate measures as soon as possible. However, such measures shall not be construed as the company’s express or implied responsibility or obligation to compensate or indemnify you in any form.

4.3 Once the company completes and confirms your application, the personal user services provided by the Company to you include: nursing and care knowledge, multimedia health education, health management advice, event information, publication of personal services, product/service sales, member newsletters, membership information, and other general user services that may be added in the future. The validity period of the Service refers to the period from the date when the user completes the application form and registration process to the date when the company and the user terminate the terms of service reached between them, starting from the date when the relevant system settings for user service are completed and the service is available for use.

4.4 All related domain names, network addresses, functions, and all other rights enjoyed by users through the User Service are still owned by the company or other legal rights holders. Except as expressly provided in these terms of use, users may not transfer, assign, lease, or lend them to any third party in any way.

4.5 The Service is provided only based on the functions and status provided at the time; the Company reserves the right to add, modify, or cancel all or part of the related systems or functions of the member service. The Company also has the right to update user system policies from time to time, including but not limited to the methods of obtaining and/or deducting points, increasing or decreasing badges, achievements, and/or membership levels, acquiring or losing badges, achievements, and/or membership levels, and the methods of points shopping, obtaining shopping discounts, and/or redeeming goods.

5. User Content

This Service allows you to distribute streaming live and pre-recorded audio-visual content, use services such as chat, bulletin boards, and forums for posting, and participate in other activities where you can create, publish, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials (“User Content”) within this Service.

5.1 Granting Permission to the Service

5.1.1 Unless otherwise agreed in a written agreement signed by an authorized representative of the Service and you, when you use the Service to submit, transmit, display, perform, publish, or store user content, you grant the Service and its licensors an unrestricted, worldwide, irrevocable, fully sublicensable, non-exclusive, and royalty-free right, to the maximum extent and for the longest duration permitted by applicable law (including perpetually, where permitted by applicable law), to: (a) use, reproduce, modify, adapt, publish, translate, train artificial intelligence models, create derivative works from, distribute, perform, and display such user content (including but not limited to promoting and redistributing all or part of the TikCare website and application services (and their derivatives)) in any form, format, media, or media channel now known or developed or discovered in the future; and (b) use your submitted names, identities, portraits, and voices (or other biographical information) related to the user content. If such user content includes the names, identities, portraits, and voices (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consent and/or permission to use such features, and the Service and its licensors may use them within the scope specified in these Terms of Service.

5.1.2 For streaming live and prerecorded audiovisual works, once you delete such user content from the Service or by closing your account, the rights granted to you under this agreement will terminate unless: (a) you have shared it with others as part of the Service and others have copied or stored portions of the user content (e.g., making clips); (b) the Service uses it for promotional purposes; or (c) it takes a reasonable time to remove from backups and other systems.

5.2 User Content Representations and Warranties

You are solely responsible for your user content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator of the user content or have ownership or control over all rights to the user content or otherwise have sufficient rights and permissions to grant the rights granted here; (2) your user content will not: (a) infringe, violate, or misappropriate any third-party rights, including any copyrights, trademarks, patents, trade secrets, intellectual property rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights, or (b) defame any other person; (3) your user content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; (4) your user content explicitly does not contain any pre-release or non-public beta software or game content or any confidential information of the Service or third parties unless you have obtained prior written authorization. The Service reserves all rights and remedies against any user who violates these representations and warranties.

5.3 User’s Risk of Uploading Content

The Service employs reasonable security measures to attempt to protect user content from unauthorized copying and distribution. However, the Service does not guarantee that unauthorized copying, use, or distribution of user content by third parties will not occur. To the maximum extent permitted by applicable law, you hereby agree that the Service is not responsible for any unauthorized copying, use, or distribution of user content by any third party, and you waive and forever release any claims that you may have against the Service for any such unauthorized copying, use, or distribution of user content under any theory. The security measures used by the Service to protect user content are provided and used on an “as-is” basis without any warranties, guarantees, conditions, assurances, or other terms that such security measures will be applicable or sufficient to protect the intellectual property of others and comply with copyright laws. We do not allow users to share content on the Service that does not belong to them or that they are not authorized to share. Unauthorized content shared by users on the Service will violate our Terms of Service and will be removed. Multiple violations of our policies may result in the permanent termination of a user’s account.

5.4 Illegal Activities

To ensure community safety, when using our service, please comply with all applicable local laws, domestic laws, and international laws. We prohibit any content or activities that possess, encourage, provide, or request illegal actions, and we may report such content or activities to law enforcement authorities.

5.4.1 Prohibited Behaviors

You agree not to violate any laws, contracts, intellectual property rights, or other third-party rights. You shall not infringe upon any rights, and you are fully responsible for your actions while using the Service.

You agree that you will comply with these Terms of Service and you will not:

1. Create, upload, transmit, distribute, or store any inaccurate, illegal, infringing, defamatory, obscene, pornographic, privacy-invading or public rights-violating, harassing, threatening, abusive, inciting, or otherwise objectionable content.

2. Impersonate any person or entity; falsely claim to have an affiliation with any individual or entity; access another user’s service account without permission; forge someone else’s digital signature; misrepresent the source, identity, or content of information transmitted through the Service; or engage in any other similar fraudulent activities.

3. Send spam or unsolicited emails to users of the Service, including but not limited to unsolicited advertisements, promotional materials, or other solicitation materials; mass-mail commercial advertisements, chain letters, informational announcements, charitable requests, petitions, or any of the above content related to promotional giveaways (e.g., lotteries and contests); and engage in other similar activities.

4. Collect or gather email addresses or other contact information of other users from the Service.

5. Defame, harass, abuse, threaten, or deceive users of the Service or collect or attempt to collect personal information about users or third parties without their consent.

6. Delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Service or user content, (b) features that prevent or restrict the use or copying of any content accessible through the Service, (c) features that enforce limitations on the use of the Service or user content, or (d) copyrights or other proprietary notices of the Service or user content.

7. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service or any part thereof, unless and only to the extent that such activity is expressly permitted by the laws of your jurisdiction of residence.

8. Modify, adapt, translate, or create derivative works based on the Service or any part thereof, except to the extent expressly permitted by applicable law.

9. Interfere with or damage the operation of the Service or the enjoyment of any user in any way, including but not limited to uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

10. Forward emails from third-party mail servers without permission.

11. Access any website, server, software application, or other computer resource owned, used, and/or licensed by the Service in any manner, including but not limited to the Service, for any purpose, or bypass any measures the Service may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by the Service, including but not limited to the Service.

12. Manipulate identifiers to disguise the source of any user content transmitted through the Service.

13. Interfere with or disrupt the Service or the servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of the networks connected to the Service; use the Service in any way that may interfere, disrupt, negatively affect, or prevent other users from enjoying the Service or that may damage, disable, overburden, or impair the functionality of the Service.

14. Use or attempt to use another user’s account without authorization from that user and the Service.

15. Attempt to bypass any content filtering techniques we employ or attempt to access any service or Service area that you are not authorized to access.

16. Attempt to indicate in any way that you have a relationship with us or that we endorse you or any products or services without our prior written permission.

17. Use the Service for any illegal purposes or violate any local, state, national, or international laws or regulations, including but not limited to laws governing intellectual property and other proprietary rights, data protection, and privacy.

To the extent permitted by applicable law, the Service shall not be liable for any user content or any loss or damage caused thereby, and the Service shall not be responsible for any errors, defamation, slander, libel, omissions, falsehoods, or misleading actions.

6. Health Content

If you think you have a medical emergency, call your doctor or 999 immediately. Do not rely on electronic communications or communication through this website for immediate, urgent medical needs. This website is not designed to facilitate medical emergencies.

This website is not an attempt to practice medicine or provide specific medical advice, and it should not be used to make a diagnosis or to replace or overrule a qualified health care provider’s judgment. Users should not rely on this website for emergency medical treatment. The content on this website is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always consult with a qualified and licensed physician or other medical care provider, and follow their advice without delay regardless of anything read on this website.

7. Third-Party Applications or Links

This Service may contain information or links to websites from third-party applications. The Company will not be responsible for the content of such websites, nor will it assume any legal liability for any loss or damage caused by such content. These links are provided for your convenience, and the Company shall not be liable for any loss or damage resulting from your access or inability to access any linked websites or your reliance on the content information contained therein.

8. Intellectual Property

Trademarks, service marks, trade names, business designs, and goods displayed in this Service are protected by copyright, trademark, service mark, patent, and other intellectual property laws. Unless otherwise expressly agreed in writing, the Company retains full ownership of the multimedia content published in this Service. Users are not authorized to use any intellectual property of this Service without the prior written consent of the Company, except for identifying the Company’s products or services.

9. Disclaimer

9.1 The Company, its executives, directors, shareholders, employees, or representatives shall not be liable for any damages, losses, liabilities, or claims resulting from errors, omissions, malfunctions, or falsehoods in this Service.

9.2 Some content in this Service is provided by users or independent content creators. The content reflects the personal opinions of the authors and does not represent the views of this Service.

10. Indemnity

You shall be solely responsible for any claims or demands made by third parties for losses or damages they may suffer, arising from their use or reliance on the data (including but not limited to articles, information, images, audio-visual content, data, descriptions) provided by you to the website or resulting from transactions conducted between them and you through this Service. You agree to indemnify the Company and hold it harmless from any such claims, losses, or damages (including but not limited to legal fees).

11. Third-Party Rights

Except for the contracting parties to these Terms of Use, no person or group has the right to enforce any provision of these Terms of Use under the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong).