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Terms of Use

Welcome to use the mental health consultation platform "FundaTalk" (hereinafter referred to as "the Platform") to schedule telemedicine consultations and telecommunication psychological counseling (hereinafter collectively referred to as "Designated Services"). The Platform is established to maintain its founding philosophy and to play a professional matchmaking role. The matchmaking and appointment services of the Platform are managed by Joyworks Medical Technology Co., Ltd. (hereinafter referred to as "the Company") in collaboration with the Blossom Clinic of Psychosomatic Medicine (hereinafter referred to as "Blossom Clinic"), and provide you with related services in accordance with this Payment Policy, the Platform's Terms of Service, Privacy Policy, Payment Policy, Appointment and Refund Policy, and other relevant regulations or announcements. Please read these Terms of Service (hereinafter referred to as "the Terms") and all the above-mentioned terms related to the Platform carefully (click here to view the links). All terms of the Platform will constitute a binding contract. Whether you register as a member or not, by using the services provided by the Platform, you agree to these Terms. If you do not agree with all the terms of the Platform, please stop using the Platform immediately. When you use the Platform, please be sure to comply with all its terms.

Article 1: Information about the Platform

  1. The Platform is owned by the Blossom Clinic of Psychosomatic Medicine (Blossom Clinic), located at 2nd Floor, No. 282, Fuxing North Road, Zhongshan District, Taipei City. The Platform is managed in collaboration with Joyworks Medical Technology Co., Ltd. (hereinafter referred to as "Joyworks"), which assists in matchmaking and appointment services (including payment processing) when you use the Platform.
  2. Joyworks is only responsible for assisting in handling the above matters of the Platform. Except for this, all content of the Platform (including but not limited to the Platform itself, content introductions, articles, psychologist or clinic information/advertisements, etc.) is the responsibility of Blossom Clinic.
  3. Blossom Clinic is an institution approved by the competent authority for telemedicine consultations and telecommunication psychological counseling. All psychologists/psychiatrists on the Platform are registered or reported for practice at Blossom Clinic, which serves as the sole service provider.

Article 2: Privacy Policy

  1. The Platform attaches great importance to your privacy protection. Your member registration and other personal data will be protected and regulated in accordance with the "General Use Privacy Policy". You can view the Platform's "General Use Privacy Policy"; we will fully inform you about how we collect, use, and disclose your personal data.
  2. We declare that during your use of the Platform's Designated Services, Blossom Clinic and Joyworks will only collect, use, and disclose your personal data within the aforementioned scope. Your medical records, diagnosis, or counseling records will be stored at Blossom Clinic and handled in accordance with your contractual agreement and relevant legal regulations. Your counseling information will not be uploaded, returned, or disclosed on the Platform.

Article 3: Member Registration and Account Security

  1. To register a member account and use the services of the Platform, you agree to the following:

(1) To obtain the Platform's services, you need to complete the correct data provision and registration procedures. Please ensure that the information you provide is correct and complete, and maintain and update the data to keep it accurate, current, and complete. If you refuse to provide basic information or fail to complete the registration, you will not be able to enjoy the Platform's Designated Services. If the information you provide or register is incomplete, incorrect, or you fail to notify the Platform to correct changes in the data, you shall bear the relevant responsibilities, and the Platform shall not be involved. If the Platform suffers damages as a result, we will request you to bear compensation responsibility.
(2) If the Platform allows you to use an account registered with social media such as Google to apply for registration, login, and use the Platform's Designated Services, when you choose to apply for registration, login, and use the Platform's Designated Services in the aforementioned way, it means that you agree and authorize the Platform to contact the providers of such services and obtain your member account from them, and have the right to access or process your member data stored in such services. You agree and understand that if the Platform terminates cooperation with the aforementioned service providers in the future, in order for you to continue using the Platform's Designated Services, the Platform may notify you separately to re-register your member account, update login information, or log in using other login methods acceptable to the Platform at that time.
(3) For your member account and password on the Platform, you should properly keep and keep them confidential, and should not disclose or provide them to third parties. All actions using specific member accounts and passwords to use member services, and all actions after logging into the system, are regarded as actions of the holder of that specific account and password. You are responsible for such actions. The Platform is not liable for any damages caused by your improper use of the account.
(4) If you provide any incomplete, incorrect, or false information, the Platform has the right to immediately suspend or terminate your account and refuse you to use part or all of the Platform's Designated Services.
(5) Your member account may not be transferred to others. Unless otherwise permitted by the Platform, you may not sell, lease, share, or provide access to your account to others.
(6) If your account is stolen or there are other security issues, you should immediately notify the Platform. If the Platform reasonably suspects that your account has been stolen or there are other security issues (such as misuse...), the Platform has the right to immediately notify you and suspend or terminate your account and related Designated Services.
(7) The Platform will send electronic communications regarding your account, including sending emails to the email address you provided during member registration, or posting announcements about your account on the service (such as payment authorization, password changes, email or other transaction information confirmations).
(8) Electronic notices, agreements, disclosures, or other communications and written notices sent by the Platform have met any legal notice requirements, and you should retain a written or electronic copy.

Article 4: Member Use Regulations and Obligations

  1. You are fully responsible for all your actions using the Platform. You agree and guarantee not to use the Platform to engage in actions that infringe on the rights of others or are illegal.
  2. If you engage in any of the following behaviors, the Platform has the right to take actions to reduce the damages caused by your violation of prohibited behaviors, including but not limited to suspending or terminating your account and related Designated Services:

(1) Impersonating others or creating false member information to use the Platform.
(2) Infringing or damaging the reputation, privacy, trade secrets, trademark rights, copyrights, patent rights, other intellectual property rights, and other rights of the Platform or others.
(3) Consulting questions unrelated to medical health care when using the Designated Services.
(4) Posting or transmitting any defamatory, insulting, threatening, offensive, obscene, indecent, false, violating public order or good customs, or other illegal text, images, or any form of files when using the Platform.
(5) Publishing, transmitting, sending, or storing any content harmful to the physical and mental health of children and adolescents in violation of the "The Protection of Children and Youths Welfare and Rights Act".
(6) Abusing, threatening, or harassing other members or medical professionals when using the Designated Services.
(7) Collecting others' email addresses, contact numbers, and other personal data without consent.
(8) Uploading, posting, transmitting, or publishing any false, defamatory, insulting, obscene, pornographic, threatening, offensive, violating public order or good customs, inducing crime, or other illegal text, images, or any form of files.
(9) Violating confidentiality obligations under laws or contracts.
(10) Destroying and interfering with the data, activities, or functions provided by the Platform, or invading, attempting to invade, destroying the Platform system in any way, or engaging in any infringing or destructive behavior through the Platform.
(11) Other behaviors inconsistent with the purposes provided by the Platform or behaviors that the Platform has legitimate reasons to consider inappropriate.
(12) If you are a user outside the Republic of China, please be sure to confirm the regulations on using the Platform's Designated Services in your location and comply with the relevant laws of your country or region.

Telecommunication Psychological Counseling: If you are (1) under 18 years old; (2) suffering from neurosis or mental illness; (3) have incomplete brain mental functions; (4) a first-time client, the Platform reserves the right to cancel your appointment. We will confirm with you or refer you to more suitable medical services via email or phone. If you have not received psychological counseling before, it is recommended that you choose to conduct the initial interview face-to-face so that the psychologist/psychiatrist can better understand your needs.

Telemedicine Consultation: If you meet any of the following conditions, you can make an appointment for telemedicine consultation through the Platform. It is recommended that you fill in your situation in detail when making an appointment for telemedicine consultation, or we will confirm with you via email or phone to help the Platform determine whether to accept your telemedicine consultation appointment, to provide you with the most suitable medical services:

  1. You live in a mountainous area, outlying island, or remote area as defined by relevant laws and regulations.(Click here to view mountainous areas, outlying islands, or remote areas)
  2. You have a need for acute post-care. This refers to patients who are emergency trauma patients, acute coronary syndrome patients, acute mental illness patients, acute stroke patients, chronic obstructive pulmonary disease patients, chronic heart failure patients, postoperative patients, or other patients requiring acute post-care, who need follow-up diagnosis and care within three months after leaving the hospital or clinic.
  3. You are a patient included in a chronic disease care plan by the competent authority or its subordinate agencies and need diagnosis and care due to illness.(Click here to view chronic diseases)
  4. You are a recipient of long-term care services. This refers to residents of long-term care service institutions, elderly welfare institutions, welfare institutions for the disabled, nursing institutions, or other similar institutions that have medical service contracts with medical institutions, who have dementia, disabilities, or mobility impairments and need diagnosis and care.
  5. You meet the care targets of a family physician. This refers to patients included in the "The NHI Family Doctors' Integrated Care Plan( the Family Doctors' Plan)" who meet the criteria for participating in the medical payment improvement plan for chronic disease cases and need diagnosis and care by a family physician due to illness.
  6. You are a target of home medical care implementation. This refers to patients included in the home care or home medical care integration plan by the competent authority or its subordinate agencies (such as the National Health Insurance Home Medical Care Integration Plan), and within three months after diagnosis by the medical team physician, need diagnosis and care due to illness.
  7. You are in the terminal stage of a disease and need palliative and supportive diagnosis and care to alleviate or eliminate the physical, psychological, and spiritual pain of terminal illness.

    ※ "Terminal stage of disease" refers to severe injuries or illnesses that are incurable as diagnosed by a physician, and there is medical evidence that the disease course will inevitably progress to death in the near future. Please refer to the latest definitions in relevant regulations such as Article 3, Paragraph 1 of the Hospice Palliative Care Act.

  8. You are a detainee in a correctional institution and need diagnosis and care.
  9. You have inconvenience in going out for medical treatment due to disability, physical and mental disabilities, or major injuries or illnesses, and need diagnosis and care.
  10. ※"Disability" refers to partial or complete loss of physical or mental functions, resulting in the need for assistance in daily life. Please refer to the latest definitions in relevant regulations such as Article 3, Paragraph 1 of the Long-Term Care Services Act

    ※"Physical and mental disabilities" refer to significant deviations or losses in body system structure or function, affecting activities and participation in social life, as evaluated and assessed by a professional team composed of medical, social work, special education, and vocational counseling professionals, and holding a disability certificate. Please refer to the latest definitions in relevant regulations such as Article 5 of the People with Disabilities Rights Protection Act.

    ※"Major injuries or illnesses" refer to major injuries or illnesses as defined in Article 48, Paragraph 1, Subparagraph 1 of the National Health Insurance Act.

  11. Your residential area has experienced disasters, infectious diseases, or other major accidents, making it impossible or inconvenient to visit medical institutions, and you need diagnosis and care.

    ※ "Disasters" refer to hazards caused by natural disasters such as typhoons, floods, earthquakes (including soil liquefaction), droughts, cold damage, mudslides and large-scale landslides, volcanic disasters, or disasters such as fires, explosions, public gas and oil pipeline disasters, power transmission line disasters, mining disasters, air crashes, maritime accidents, land traffic accidents, forest fires, toxic and concerning chemical substance disasters, biological pathogen disasters, animal and plant epidemics, radiation disasters, industrial pipeline disasters, suspended particulate matter disasters. Please refer to the latest definitions in relevant regulations such as Article 2, Paragraph 1 of the Disaster Prevention and Protection Act.

    ※ "Infectious diseases" refer to diseases classified by the central competent authority based on the degree of risk such as mortality rate, incidence rate, and transmission speed. For example, Category I infectious diseases (smallpox, plague, severe acute respiratory syndrome, etc.), Category II infectious diseases (diphtheria, typhoid fever, dengue fever, etc.), Category III infectious diseases (whooping cough, tetanus, Japanese encephalitis, etc.), and Categories IV and V infectious diseases. Please refer to the latest definitions in relevant regulations such as Article 3, Paragraph 1 of the Communicable Disease Control Act.

  12. You are a domestic or foreign patient located abroad and need international medical care.
  13. You are in a life-threatening state or other emergency situations and need immediate medical treatment.

Article 5: Your Authorization to the Platform

  1. If you do not have the legal right to authorize others to use, modify, distribute, reproduce, or publicly display certain materials and transfer the aforementioned rights to third parties, please do not upload, input, or provide such materials to the Platform.
  2. The ownership of any materials you upload, input, or provide to the Platform remains with you or your licensor; however, once any materials are uploaded, input, or provided by you to the Platform, it means that you agree to authorize the Platform to use, modify, distribute, reproduce, or publicly display such materials for the purpose of public interest or promoting the Platform, and may transfer the aforementioned rights to others within this scope.
  3. You also guarantee that the Platform's use, modification, distribution, reproduction, public display, or sublicense of such materials will not infringe on the relevant rights of any third party. If there is any violation, the Platform may seek damages from you.

Article 6: Service Suspension and Interruption

  1. The Platform maintains the normal operation of the Platform in a manner and technology generally considered reasonable at present. However, in the following situations, Joyworks or Blossom Clinic will suspend or interrupt all or part of the Platform:
    1. When moving, replacing, upgrading, maintaining, or repairing related software and hardware equipment of the Platform and have notified members in advance;
    2. When members violate any government laws or these Terms of Service;
    3. When Designated Services are stopped or interrupted due to natural disasters or other force majeure factors;
    4. When Designated Services are stopped or interrupted due to reasons not attributable to Joyworks or Blossom Clinic;
    5. When the information displayed on the Platform is incorrect, or is forged, altered, deleted, or retrieved, or when the system is interrupted or cannot operate normally due to reasons beyond the control of the Platform.
  2. For scheduled maintenance, relocation, or changes causing service suspension or interruption of member service systems or functions, the Platform will notify members in advance via email, announcement, or other appropriate methods.

Article 7: Disclaimer

  1. All functions provided by the Platform are provided for use as is at the time of provision. The Platform does not bear any express or implied warranty responsibility for their performance, speed, completeness, reliability, security, accuracy, etc. In rare cases, the Platform may experience interruptions or failures. You bear the risk yourself, and the Platform is not responsible for such failures.
  2. You should ensure that you are in a network-connected environment when using the Designated Services of the Platform. If your network connection problems cause you to reduce the completeness of using the Designated Services of the Platform or obtaining rights, the Platform is not responsible for this.
  3. The Platform does not guarantee that the Platform's webpages, servers, domains, emails, or their contents transmitted will not contain computer viruses or other harmful substances; nor does it guarantee that the transmission or storage of emails, files, or data is correct and error-free, and will not be disconnected or error-free. The Platform is not liable for damages caused by failure, loss, or error in the transmission or storage of such emails, files, or data.
  4. For reasons beyond the reasonable control of the Platform, including but not limited to natural disasters, strikes or riots, government actions, communication or other facility failures, power outages, computer viruses, major public security or personnel casualties, or other force majeure, resulting in failure, error, or data loss or alteration in the transmission or storage of emails, files, or data, the risk shall be borne by you, and the Platform is not liable for damages.
  5. Please note that the Platform only provides Designated Services. The contracts or other legal relationships established between you and medical professionals through the Platform only exist between you and the psychologist/psychiatrist or Blossom Clinic. The Platform is not responsible for any disputes between you and the psychologist/psychiatrist or the clinic to which they belong.
  6. The Platform cannot fully control and ensure the authenticity and legality of the registered psychologists/psychiatrists' identities. If a psychologist/psychiatrist registers with false information, the Platform is not responsible for this.

Article 8: Service Changes and Notices

  1. You agree that the Platform may modify, temporarily or permanently stop providing all or part of the Platform's Designated Services at any time without notice.
  2. You understand and agree that the Platform may, for various considerations (including but not limited to your failure to use the Platform for a certain period, orders from courts or government agencies, your request, substantial changes in the content of the Platform, unforeseen technical or security issues, your involvement in fraud or illegal activities, suspicion of infringing on the interests of the Platform, or the Platform believes that you have violated any provision of these Terms of Service and its regulatory purposes), terminate your member account, password, or use of the Platform on its own. If the Platform terminates any Designated Services provided to you, the Platform shall not bear any legal responsibility to you or any third party.
  3. Please note that if you access the Platform's Designated Services in an unauthorized manner or the information you provided during registration is incorrect or not updated, you will not receive notifications from the Platform.

Article 9: Intellectual Property Rights Protection

  1. All content on the Platform, including but not limited to logos, trademarks, text, photos, images, illustrations, recordings, videos, files, arrangement of website pages, web design, programs, software, and other materials, are owned by Blossom Clinic or related intellectual property rights holders and are protected by relevant laws. The content or services of the Platform are only for personal, non-commercial use. Without the authorization of the content copyright owner, you may not reproduce, modify, reproduce, distribute, publish, publicly broadcast, publicly display, reverse engineer, or decompile.
  2. The content published on the Platform may provide or establish related links for third parties to use. The webpages or data pointed to by such links are provided by the linked websites, and the relevant rights belong to those websites or legitimate rights holders.
  3. Respecting intellectual property rights is your obligation. If you want to quote or reproduce the materials of the Platform, except within the reasonable use allowed by law, you must obtain the prior written consent of the Platform or the rights holder. If there is any violation, you shall bear all legal responsibilities and shall be liable for all damages to the Platform (including but not limited to litigation costs and attorney fees).

Article 10: Service Restrictions, Records, Cancellation, and Refunds

  1. The Platform prohibits people who have been forcibly suspended from using the services from using the Designated Services again.
  2. Persons under the age of 18 are not allowed to use the Platform's Designated Services. When you register as a member or engage in other behaviors using the Designated Services, you declare and guarantee: You are a person over 18 years old; if you are under 18 years old (or the age of majority stipulated by the laws of your country), please contact customer service, and the customer service staff will assist in guiding you to a physical clinic.
  3. The Platform will not conduct any audio or video recording to protect the personal data and basic health information of you and the psychologist/psychiatrist and their affiliated clinics. If the psychologist/psychiatrist or the clinic has academic research, clinical supervision, case discussion, and other needs that require audio and video access during diagnosis (consultation), they will sign a separate audio and video access permission consent form with you. Please pay attention to video access consent requests outside the Platform.
  4. The Platform supports online self-service appointment adjustments (including cancellation and rescheduling). Users can log in to the Platform at any time to operate. If you need manual assistance, please contact FundaTalk customer service to assist you in handling appointment matters. Customer service will reply within 48 hours. Customer service email: hello@joyworks.group; phone: 02-7709-6608#100.
  5. The Platform only mediates cases with psychologists/psychiatrists and provides appointments for the Platform's Designated Services. It will not interfere with the judgment of complaint content. All decisions will be based on the consensus reached between you and the psychologist/psychiatrist and Blossom Clinic.

Article 11: Compensation for Damages

If you violate any provision of these Terms and cause damage to the Platform, you shall be liable for damages, and the Platform has the right to terminate your use of the Designated Services.

Article 12: Governing Law and Dispute Resolution

The interpretation and validity of these Terms are governed by relevant laws. In case of litigation involving these Terms, both parties agree to use the Taiwan Taipei District Court as the court of first instance jurisdiction.

Article 13: Validity of Terms

  1. The Platform will periodically modify these Terms; please pay attention to update information.
  2. If any part of these Terms conflicts with relevant laws and becomes invalid, only that conflicting part is invalid, and the other provisions of these Terms remain valid.

Address

No. 37, Section 3, Minquan East Road, Zhongshan District, Taipei City 104

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