Project Screen Terms of Service

1. Definitions

a. Prenetics Limited (“Prenetics”, “we”, “us” and “our”) has its principal place of business at 701-706 K11 Atelier, 728 King’s Road, Quarry Bay.

b. "Service" or "Services" means the COVID-19 tests offered under Project Screen and any associated web or mobile application and ancillary services.

c. "Personal Information" is information that can be used to identify you, either alone or in combination with other information. Prenetics collects and stores the following types of Personal Information:

"Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, phone number, email, address, user ID and password, and payment information).

“Video Recording” is any video and audio recording of your face image, voice, desk and test kit set up for the purposes of test quality, security and the integrity of the testing process.

"Web Behavior Information" is information on how you use Prenetics’ website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.

2. Acceptance of Terms

a. Your use of the Services is subject to the terms of the legal agreement between you and Prenetics set forth in these Terms of Service ("TOS"). 

b. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS.

c. You can accept the TOS by (i) clicking to accept or agree to the TOS, where this option is made available to you by Prenetics; or by (ii) actually using the Services. In this case, you acknowledge and agree that Prenetics will treat your use of the Services as acceptance of the TOS from that point onwards.

d. In addition, when using the Services, you shall be subject to any guidelines or rules applicable to such Services that may be communicated from time to time. 

3. User Representations

By accessing Prenetics’ Services, you agree to, acknowledge, and represent as follows:

a. You are eighteen (18) years of age or older, and are capable of forming a binding contract with Prenetics.

b. If you are representing and consenting on behalf of a person below 18 years of age, you have legal authority to do so, as parent or legal guardian of the person.

c. If the Service requires us to collect a combined nasal and throat swab, or deep throat saliva specimen from you (“Sample”) and to process your Sample, you give us permission to collect the Sample and specifically request that we disclose the results of the Service to you and to the Government of the Hong Kong Special Administrative Region if required by law.

d. If you are providing your Sample to us, you guarantee that any Sample is your own. If you are providing a Sample on behalf of a person for whom you have legal authorisation, you are confirming that the Sample provided will be the Sample of that person. 

4. Registration for Services

a. In order for Prenetics to provide the Services, you will be required to create an account, provide Registration Information, and consent to the Service. You agree to provide true, accurate, current, and complete Registration Information. If Prenetics suspects that any Registration Information you provide is untrue, inaccurate, not current, or incomplete, Prenetics has the right to refuse to provide Services to you.

b. If you create an account on any Prenetics’ website, you are responsible for maintaining the confidentiality of any username and password for your account and are fully responsible for all activities that occur under your account. You agree that Prenetics is not liable for any unauthorized use of your password or account and any associated breach of confidentiality or loss that you may incur through such unauthorized use. 

5. Service arrangements, rescheduling, return and refund

a. All sales are final. If you are unable to use the Services for any reason whatsoever, no refund will be provided.

b. Services must be completed within three (3) months after your purchase of the Service.

c. For any pre-departure tests, you will be required to register for a timeslot for the Service. Prenetics does not guarantee that you will receive your preferred timeslot, and are advised to register as early as possible to ensure that you receive your preferred timeslot. If you need to change your timeslot, you may do so by calling 3008 8323 or sending an email to at least 24 hours prior to your confirmed timeslot. If you miss your confirmed timeslot, you will not be allowed to book another timeslot, and your Service will be deemed complete and/or forfeited.

d. For the At Home RT-PCR COVID-19 Test, to ensure that your Sample meets our standards of quality, please return your Sample to us as soon as possible, and in any event, no later than three (3) months after your purchase of the Service. We will not process your Sample beyond three (3) months after your purchase.

e. For the At-Home (Virtual) COVID-19 Rapid Antigen Test, you are required to ensure that you have access to an internet connection with sufficient bandwidth and a device with a webcam, speakers and microphone to enable the proctor to see you clearly and without interruptions via Zoom. You are also required to read the results at least fifteen (15) minutes after and no later than thirty (30) minutes after the sample is administered to the cassette and to submit a clear high resolution photo of the test results to the proctor. Failure to do so may result in the invalidation of the test.

6. Privacy and Disclosure of Information

a. Your privacy is important to us. We comply with the applicable requirements of the Personal Data (Privacy) Ordinance in Hong Kong SAR and other applicable regulations specific to Hong Kong SAR. By agreeing to this TOS you acknowledge that such laws and regulations regarding collection, use, processing, storage, and access of your information shall govern our performance of the Service and handling of your Sample and Personal Information.

b. While we cannot guarantee that unauthorised access, disclosure, misuse or loss of information will never occur, we implement and frequently review certain physical, managerial, and technical safeguards that are designed to protect the confidentiality, integrity and availability of your information and to prevent information security incidents. In the event of a security incident or data breach, we will follow internal procedures to investigate the matter as well as comply with all applicable regulatory requirements.

c. You are responsible for maintaining the confidentiality of your login credentials for your account and you are responsible for all the activities that happen under your password and account. Unless due to gross negligence or misconduct on our part, we cannot take responsibility for any breach of your responsibilities, which includes but not limited to allowing others to access your account and password, or onward sharing or releasing publicly your information and you will indemnify us and our affiliates against any liability or costs arising from claims by other people based on the access and use of your account.

d. Subject to statutory disclosure requirements, the only parties who would have access to your test results would be you, Prenetics and the Government of Hong Kong Special Administrative Region. Prenetics does not share the results with any other third party. For data pertaining to any positive test results, Prenetics would need to notify the Hong Kong Centre for Health Protection as COVID-19 is deemed a statutory notifiable disease. The Centre for Health Protection is an agency under the Department of Health in Hong Kong responsible for disease prevention and control. The information would be used to track new infections for the purpose of public health awareness and response.

7. Disclaimers

You expressly acknowledge and agree that: 

a. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. 

b. We make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, unfailingly secure, or error-free; (iii) the results will be accurate or reliable; (iv) the results will be available prior to your scheduled flight. Any indication of results turn-around time are indicative and approximate and are not guaranteed.

c. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your smart phone or computer system or loss of data that results from the download of any such material. 

d. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the TOS.

8. Dealings with Information Providers and Listed Resources

a. Your correspondence or business dealings with/or participation in promotions of-information providers, vendors, and/or resources found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

b. Prenetics may provide links to other sites and resources on the internet through the Service. You acknowledge and agree that Prenetics has no control over such sites and resources, and that Prenetics is not responsible for the availability of such external sites or resources. Prenetics does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Prenetics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

9. Limitation of Liability and Indemnification

a. Within the limits allowed by applicable laws, you expressly acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use any Service; (ii) any delay in any part of a Service; (iii) any action you take based on the information you receive in through or from any Service, (iv) your failure to keep your password or account details secure and confidential, or (v) the delay in the provision of results pursuant to the Services.

b. Our total liability in contract, tort, misrepresentation or otherwise arising in connection with the performance of these conditions, shall be limited to the amount that you have paid, if any, for the Service.

c. Any time frames provided are approximate only and subject to change. Time is not of the essence in this contract and Prenetics does not accept any responsibility or liability for losses arising as a result of any delay, if any test result is not provided to you within your required timescale as may be set by you or any third party. Without prejudice to the generality of the foregoing, this limitation includes claims for losses where you have been unable to engage in any intended event.

d. You agree to defend and hold us, and our subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any Service, your violation of the TOS, or your violation of any rights of another person.

10. Prenetics’ Proprietary Rights

a. You acknowledge and agree that Prenetics owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 

b. You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to-and not to permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. 

c. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of Prenetics. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, we grant you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single device. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Prenetics, in the manner permitted by the TOS. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. Any rights not expressly granted herein are reserved.

d. Prenetics and Project Screen, together with their logos, domain names, and other distinctive brand features are trade marks of Prenetics ("Prenetics Marks"). Unless you have agreed otherwise in writing with Prenetics, nothing in the TOS gives you a right to use any Prenetics Marks and you agree not to display, or use in any manner, Prenetics Marks.

e. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Prenetics, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

11. Changes to the Terms of Service

a. Prenetics may make changes to the TOS from time to time. When these changes are made, Prenetics will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

b. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, Prenetics will treat your use as acceptance of the updated TOS.

12. Violation or Suspected Violation of Terms of Service

If you violate the terms of these TOS and/or Prenetics has a reasonable ground to suspect that you have violated the terms of these TOS, Prenetics has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

13. Miscellaneous

a. Entire Agreement. The TOS constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and Prenetics on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

b. Applicable law and arbitration. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Services and TOS shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong.

c. Waiver. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid, the parties nevertheless agree to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

d. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

e. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

f. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.

h. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at or notifying you otherwise. 

i. Assignment. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Prenetics for any third party that assumes our rights and obligations under this Agreement.

j. Language. This Agreement is made into Chinese and English. In case of any discrepancies between the English and Chinese versions, the English version shall prevail.