Terms of Use
The scope, responsibility boundaries and fees of HaiyiMed's medical travel facilitation / referral coordination and itinerary planning services.
HaiyiMed · Legal TermsTerms of Use
Terms of Use
Please read these Terms carefully. They affect your legal rights and obligations.
Introduction
Please read these Terms of Use carefully before accessing or using this website. These Terms outline important information about the legal rights, responsibilities, obligations and remedies involved in using this website and its services. By accessing, browsing or using any part of this website, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use. These Terms apply to all visitors, users and individuals who access or interact with this website. If you do not agree with any provision of these Terms of Use, you should not access or use this website or any services provided through it.
These Terms of Use (“Terms”) constitute a legally binding agreement between you and HaiyiMed (“HaiyiMed”, “we” or “our”) and govern your access to and use of HaiyiMed.com and any HaiyiMed-controlled websites, apps, communication systems, marketplace features, patient consultation services, provider portals or other digital services linked to these Terms (collectively, the “platform”).
By accessing or using the platform, creating an account, submitting inquiries, communicating through the platform, posting listings or otherwise using the service, you agree to these Terms and the policies incorporated by reference. If you do not agree, do not use the platform.
Medical emergency alert: This platform is not an emergency medical service. If you think you may have a medical emergency, contact your local emergency services or your country's emergency number immediately, or reach a qualified medical professional. If you face a medical emergency in mainland China, dial immediately 120 emergency number; in other countries/regions dial your local emergency number. Never delay emergency or urgent care because of information or communications on this platform.
1. About HaiyiMed and the platform
HaiyiMed is a limited liability company in Xi'an, Shaanxi, China, located at Block B, Kai'ai Building, Lianhu District, Xi'an, Shaanxi 710003. The platform provides information, marketplace, communication, coordination and related tools to help users research healthcare options and connect with independent providers worldwide.
The platform may include provider profiles, treatment and destination information, packages, prices or estimates, articles, videos, reviews, patient inquiries, messaging, record-transfer tools, virtual communication features, matching or search tools, and other services HaiyiMed may offer from time to time.
2. Policies included in these Terms
The following HaiyiMed policies applicable to your use of the platform are incorporated into these Terms by reference:
- Privacy Policy(see Part Three of this document)
- Website Disclaimer(see Part Two of this document)
- Content policy
- Client communication policy
- Any provider agreements, payment terms, event terms, feature-specific terms, consents or other policies made available to you for specific services.
If a separate written agreement between HaiyiMed and a provider covers the same subject matter as these Terms, that specific agreement prevails on that subject to the extent of the conflict. Mandatory consumer-protection rights that cannot be waived by law are unaffected.
3. Eligibility and authority
- You must be at least 18 years old or the age of legal majority in your jurisdiction, and have the legal capacity to enter into these Terms.
- Parents, guardians or other legally authorized representatives may use the platform on behalf of minors or others only where legally authorized.
- If you use the platform on behalf of a company, clinic, hospital, medical institution or other organization, you represent that you have authority to bind that organization to these Terms.
- If your access has been suspended or terminated, you must not use the platform unless expressly authorized in writing by HaiyiMed.
- You must comply with applicable laws, professional rules, sanctions, export controls and other legal restrictions when using the platform.
4. Users and key definitions
Table 1 · Users and key definitions (6 items)
| Terminology | Meaning |
|---|---|
| Patient/consumer | A person who uses the platform to search healthcare information, make inquiries, communicate with providers, or obtain related information or coordination services. |
| Healthcare provider / provider | Independent hospitals, clinics, physicians, dentists, healthcare professionals, medical institutions or authorized representatives providing healthcare services or information through the platform. |
| Provider services | Healthcare, dental, diagnostic, treatment, surgical, wellness, travel-related or other services provided or delivered by healthcare providers, not by HaiyiMed. |
| User content | Content users choose to make public or post to other users, such as profile information, reviews, opinions, photos, videos or listing materials. |
| Private patient information | Medical records, health information, documents, images, communications or other information submitted for private inquiries, consultations, cases or coordination workflows. |
| Approved communication channels | Messaging, email forwarding, phone, video, SMS, WhatsApp, upload or other channels that HaiyiMed provides, configures, documents or explicitly authorizes for applicable workflows. |
5. HaiyiMed is an information marketplace, not a healthcare provider
HaiyiMed provides an information marketplace and technology/coordination platform. Unless explicitly stated otherwise in a separate written agreement, HaiyiMed itself does not provide medical, dental, diagnostic, treatment, surgical, nursing, pharmacy, mental-health, rehabilitation or other licensed healthcare services.
HaiyiMed does not diagnose disease, prescribe, determine medical eligibility, formulate treatment plans or guarantee medical outcomes.
HaiyiMed is not your physician, dentist, nurse, therapist, pharmacist, hospital, insurer, travel insurer, lawyer, immigration advisor or financial advisor.
Using the platform does not create a physician-patient, dentist-patient, clinician-patient, fiduciary, agency, employment, partnership or joint-venture relationship between you and HaiyiMed.
HaiyiMed may provide non-clinical assistance, such as explaining platform features, coordinating communication, helping obtain provider information, assisting record transfers or helping users understand options. These activities do not constitute medical advice.
6. Not medical advice; for reference only
All content provided by HaiyiMed — including articles, summaries, destination information, treatment descriptions, search results, comparison information, estimated prices, videos, AI-assisted output and other general information — is for reference and educational purposes only. Such content cannot replace professional medical advice, diagnosis, treatment, emergency assessment or individualized clinical judgment.
Always consult appropriately qualified healthcare professionals about your health condition, diagnosis, treatment options, risks, medications, eligibility and follow-up care.
Never disregard professional medical advice or delay seeking care because of information read or received through the platform.
Information may not reflect your personal situation, local clinical standards, regulatory status, current evidence or all available treatment options.
Nothing on the platform guarantees that any treatment, provider, destination, device, medication, procedure or outcome is safe, effective, appropriate, available, lawful or suitable for you.
7. Independent provider relationships and clinical communication
Providers are independent third parties. If you choose to consult a provider or receive services from one, any professional or contractual relationship is strictly between you and that provider, governed by the provider's own terms, informed-consent processes, policies, licensing obligations and applicable law.
Where legally and professionally authorized, providers may convey personalized medical information or advice through approved communication channels.
Clinical communication is conducted by healthcare providers, not by HaiyiMed.
HaiyiMed does not control providers' independent clinical judgment, diagnosis, medical decision-making, treatment plans, informed consent, staffing, facility operations, follow-up care or professional services.
After appropriate due diligence and professional consultation, you are responsible for deciding whether to enter into a treatment relationship with a provider.
HaiyiMed is not a party to the treatment contract between patients and providers, even if the parties met or communicated through the platform.
8. Provider eligibility, credentials and marketplace review
HaiyiMed may request, collect, review, manage, display or periodically re-verify information about providers, including licenses, qualifications, certifications, accreditations, identity, facility information, services, pricing or other documents. HaiyiMed may also use third-party information or verification services.
Any marketplace-level review, badge, verification step, vetting process or document check exists to maintain platform integrity. They do not replace government licensing, clinical accreditation, regulatory oversight, hospital or payer credentialing, or your own due diligence. They do not guarantee a provider's current legal status, quality, safety, suitability or treatment outcomes.
Credentials, licenses, ownership, staff, prices, availability and regulatory status may change between reviews.
Patients should independently confirm providers' credentials and licenses, and where appropriate with official bodies or professional registries.
If information is incomplete, outdated, inconsistent, misleading, unverifiable or otherwise violates HaiyiMed policy, HaiyiMed may remove, suspend, flag, restrict, require updates on or decline provider listings.
9. Provider obligations
Every service provider using the platform represents, warrants and agrees that:
- Holding all licenses, registrations, permits, professional authorizations, facility approvals and insurance required by applicable law for their services.
- Providing accurate, current, complete and non-deceptive information about their identity, clinicians, credentials, services, locations, prices, availability, outcomes, regulatory status and material terms.
- Ensuring only appropriately qualified personnel make individualized diagnoses, eligibility decisions, treatment plans, risk assessments and other clinical judgments within their lawful professional scope.
- Complying with HaiyiMed's content policy and client communication policy, including requirements on evidence, YMYL-grade medical communication, pricing transparency, client reviews, patient privacy, AI and approved channels.
- No misleading or unsubstantiated promises of cure, efficacy, safety, success rates, suitability or other clinical outcomes.
- Disclosing material treatment risks, limitations, exclusions, regulatory/investigative status and material pricing variables as required by law, professional duties and HaiyiMed policy.
- Protect patient information and use it only in accordance with applicable privacy laws andPrivacy Policyauthorized purposes.
- Before treatment, all legally required informed consent, authorizations, medical history, examinations, tests and other clinical prerequisites must be obtained.
- Providing or arranging appropriate emergency, complication, continuing care and follow-up procedures per applicable clinical and legal standards.
- Cooperating with reasonable HaiyiMed investigations concerning patient safety, complaints, fraud, policy compliance, content accuracy or marketplace integrity.
10. Patient and consumer responsibilities
- Providing accurate and complete information to providers when it is critical to evaluation, safety, pricing, arrangements or care.
- Do not use this platform as a substitute when urgent care, local medical evaluation or a regular treating physician is needed.
- Before deciding to undergo treatment, independently evaluate the provider, the proposed treatment, regulatory status, risks, credentials, follow-up arrangements, travel requirements and financial obligations.
- Ask providers what services are included and excluded, who will provide treatment, what happens if complications arise, and what follow-up services exist after returning home.
- Ensuring passports, visas, travel permits, insurance, medications, medical records and other travel or treatment essentials meet the planned itinerary's requirements.
- Using truthful identity and account information and protecting login credentials from unauthorized access.
11. Approved communications and anti-circumvention
To protect privacy, transparency, accountability, marketplace integrity, and records usable for assistance or dispute review, patient-provider communication initiated through HaiyiMed must remain within approved communication channels unless HaiyiMed explicitly authorizes a different workflow, or a genuine legal or clinical emergency provides otherwise.
- Providers must not solicit or provide personal email addresses, direct phone numbers, personal messaging accounts, social media accounts, QR codes or other contact information in order to move relationships HaiyiMed established outside approved workflows.
- Users must not hide off-platform contact information in signatures, images, attachments, filenames, videos, encoded text or external links.
- Users must not steer other users to external booking, payment, lead-capture or communication systems to circumvent HaiyiMed's rules, fees, oversight or records.
- If an authorized exception requires off-platform communication, the exception must be limited to what is necessary, and substantive processing, pricing or coordination information should be documented in the HaiyiMed case as soon as possible.
- HaiyiMed may use technical controls to detect or restrict contact information, suspicious links, payment-diversion attempts, fraud, abuse or policy circumvention, subject toPrivacy Policyand applicable laws.
12. Pricing, quotes, packages, deposits and payments
Unless a provider or payment process explicitly states otherwise, prices, scopes, package amounts, savings estimates and other financial information displayed or communicated through the platform are for reference only.
Final prices may depend on diagnosis, physician assessment, surgical complexity, tests, medications, implants/devices, length of stay, complications, exchange rates, travel arrangements or other factors.
Providers are responsible for accurately conveying what materials include and exclude, conditions, cancellation/refund terms and foreseeable additional costs.
When HaiyiMed offers deposit, payment or payment-facilitation features, additional payment terms may apply and independent payment processors may be involved.
Where platform transactions require it, users must use only HaiyiMed-approved payment workflows.
Providers must not redirect users to personal accounts or unapproved payment methods to circumvent platform controls.
Unless HaiyiMed explicitly agrees in writing, payment facilitation does not make HaiyiMed the provider or seller of the underlying medical services, nor does it guarantee treatment outcomes.
13. Medical tourism and international travel risks
Receiving medical care away from home or abroad may involve risks beyond the procedure itself. These may include differences in clinical standards, licensing systems, language, informed-consent processes, drug supply, blood-safety standards, infection control, malpractice compensation, transport convenience, travel tolerance, post-operative follow-up, insurance coverage, continuity of care and legal recourse.
Providers may be licensed in the jurisdiction where treatment occurs but not licensed in yours. It is your responsibility to understand what that means for your situation.
Travel itself may cause or increase medical risks, including those related to recent surgery, thrombosis, infection, reduced mobility or interruption of follow-up treatment.
Visa, entry, immigration, customs, medication import, travel insurance and reimbursement rules vary and may change at any time. HaiyiMed does not guarantee entry, insurance coverage, reimbursement or travel eligibility.
You should discuss travel health and post-treatment travel timing with a qualified clinician.
14. Search results, matching, ranking, badges and sponsored listings
The ordering or visibility of providers, packages, articles or other content may be affected by automated systems, relevance signals, availability, profile information, user activity, quality or policy signals, commercial arrangements or other platform factors. Search rankings, match results, badges, featured status or visibility do not represent clinical rankings, medical endorsement or a guarantee that a provider is right for you.
When HaiyiMed uses sponsored or paid placements, such placements may be labeled as required by applicable law or HaiyiMed policy.
Commercial relationship disclosure: As an information and marketplace platform, HaiyiMed may charge the providers matched to you subscription fees, commissions, referral fees or other commercial cooperation fees. Such arrangements may affect the display priority or visibility of some content, but do not change our obligation to review the truthfulness and legality of content, nor do they constitute medical endorsement or guarantee of any provider, therapy or outcome. Under the PRC Advertising Law, E-Commerce Law and Measures for the Administration of Medical Advertising, we bear corresponding review and management responsibilities for the truthfulness and legality of medical-related information on the platform, and may bear legal responsibility for false or misleading medical information that we reviewed and displayed. Users should not rely on search results or commercial listings as a substitute for independent medical and provider due diligence.
HaiyiMed may change search, ranking, recommendation, matching or display systems to improve relevance, safety, integrity, user experience or business operations.
Users should not rely on search rankings as a substitute for independent medical and provider due diligence.
15. User content, provider content and patient privacy information
15.1 Public user content
You retain the intellectual property rights in user content you choose to publish. By submitting public user content, you grant HaiyiMed a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, format, translate, display, distribute, transmit, adapt for technical demonstration, and otherwise reasonably use the content to operate, promote, protect, review and improve the platform and the specific content or listings you choose to make public.
You represent that you have all rights, permissions, consents and authorizations needed to publish the content, and that the content does not violate laws, privacy rights, publicity rights, IP rights, professional rules or HaiyiMed policy.
15.2 Private patient information
Patient privacy information is not treated as public marketing content merely because it was transmitted through the platform. HaiyiMed will, in accordance withPrivacy Policy, applicable consent/authorization processes, security measures, and the purposes of patient inquiries or requested services. Nothing in these Terms grants HaiyiMed permission to use private medical records or private clinical communications for unrelated public advertising.
15.3 Review and removal
HaiyiMed may, where reasonably necessary, review, manage, restrict, refuse, flag, edit (for formatting or compliance), remove, retain or disclose content for platform operations, policy enforcement, legal obligations, user protection, fraud or security investigations, or IP/privacy complaints. HaiyiMed does not guarantee that all content is reviewed before publication.
16. Reviews, testimonials and before-and-after content
- Reviews and testimonials reflect individual experiences and do not guarantee outcomes for other patients.
- Users must not submit fake, fabricated, AI-generated, impersonating, defamatory or materially misleading reviews or testimonials.
- Providers must not purchase positive reviews, condition care on positive reviews, suppress negative feedback through threats, or use incentives in any way that creates a misleading impression.
- Before-and-after photos must be genuine and appropriately authorized, with no tampering or misrepresentation of results in any way. All video testimonials and before-and-after photos are published with client consent.
- HaiyiMed may review or remove reviews and user testimonial content under its policies, but review does not guarantee the accuracy, completeness, truthfulness or representativeness of each review.
17. AI-assisted and automated features
The platform may use AI, machine learning, automatic translation, summaries, search, matching, conversation or other automation technologies. Unless explicitly identified as communications from a licensed healthcare provider, AI-assisted output provided by HaiyiMed is for reference only and does not constitute medical advice, diagnosis, treatment, clinical decision support or emergency triage.
- AI-assisted output may be incomplete, inaccurate, outdated, mistranslated or unsuited to your specific situation.
- Do not rely on AI output to determine medical urgency, treatment eligibility, medication use, diagnosis, prognosis or treatment plans.
- Providers remain responsible for any AI-assisted communications sent in their name and must ensure appropriate qualified supervision of clinically significant communications.
- Users must not use HaiyiMed AI or automation features to create deceptive medical claims, fake identities, fake patient stories, fake credentials or unlawful content.
18. Privacy and health information
HaiyiMed's collection, use, disclosure, retention, international transfer, security and deletion of personal information are all governed byPrivacy Policyand any applicable consent or authorization required for specific workflows is also explained.
Submitting health information through the platform does not by itself mean that every HaiyiMed activity is governed by HIPAA or any particular health privacy law; applicability depends on the parties, data, roles, jurisdictions and workflows.
When you ask HaiyiMed to connect you with a provider or transfer information to a provider, information may be, in accordance withPrivacy Policyand shared in the manner described in the applicable consent or request processes.
Providers bear independent responsibility for the privacy, security, confidentiality, medical-record and professional obligations applicable to their handling of patient information.
Users must not upload others' medical records or private information without lawful authorization.
19. Third-party services, links, APIs and travel services
The platform may contain or integrate third-party websites, payment processors, identity/login tools, analytics tools, maps, video services, review feeds, travel resources, APIs or other third-party services.
- These services may have their own terms andPrivacy Policy.
- Links, integrations, APIs, review feeds or references do not by themselves mean HaiyiMed endorses or controls third parties.
- HaiyiMed is not responsible for third parties' independent acts, omissions, content, availability, security, privacy practices or contractual obligations, except as applicable law provides otherwise.
- If the platform provides information about flights, hotels, transport, visas, insurance or other travel services, those services are subject to the applicable third-party provider's terms unless HaiyiMed explicitly states otherwise.
20. Acceptable use and prohibited conduct
You may use the platform only for lawful purposes consistent with these Terms. You must not:
- Violating any applicable laws, professional obligations, sanctions, export controls, court orders or third-party rights.
- Impersonating people or organizations, fabricating credentials or affiliations, or creating deceptive accounts.
- Publishing or spreading illegal, fraudulent, defamatory, threatening, harassing, discriminatory, hateful, obscene, exploitative or dangerously misleading content.
- Uploading content you have no legal right to use or disclose, including confidential records, copyrighted material or other people's private information.
- Circumventing approved communication channels or approved payment rules.
- Soliciting passwords, verification codes, card data or other sensitive credentials through improper channels.
- Introducing malware, viruses or malicious code, or attempting to probe, scan, attack, disable, overload, bypass or interfere with platform security or availability.
- Accessing other users' accounts or data without authorization.
- No scraping, crawling, collecting, indexing, copying, mirroring, embedding, data mining or automated-agent attacks on the platform without explicit written authorization or as permitted by applicable law.
- No use of platform content or data to train, fine-tune, benchmark or build AI or machine-learning systems without HaiyiMed's written authorization, unless such restrictions are prohibited by law.
- Manipulating search, rankings, reviews, engagement metrics, inquiries, leads or platform systems.
- Sending spam, bulk marketing messages, irrelevant promotions or abusive messages.
- Using the platform to arrange illegal, fraudulent, unlicensed or prohibited medical services.
- Attempting to circumvent suspensions, content restrictions, fraud controls, fees or policy enforcement.
21. Intellectual property and limited platform license
Except for user content and third-party materials, the platform and its software, design, brands, databases, text, graphics, interfaces, arrangement, compilations and other materials are owned by or licensed to HaiyiMed and protected by intellectual property laws.
Under these Terms, HaiyiMed grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the platform for lawful purposes. You may display, download, store and print platform content for personal non-commercial purposes. The license does not permit resale, commercial republication, scraping, systematic extraction, creation of competing databases, unauthorized derivative use, removal of rights notices, or any use of HaiyiMed trademarks implying sponsorship or endorsement.
If you believe content on the platform infringes your intellectual property, email info@haiyimed.com (ASCII alternative: legal@haiyimed.com) with sufficient information to identify the work, the allegedly infringing content, your contact details and the basis of your claim. HaiyiMed may request additional information required by applicable law.
22. Feedback
If you voluntarily provide ideas, suggestions, comments or feedback about the platform that are not private patient information, you grant HaiyiMed a non-exclusive, worldwide, royalty-free right to use that feedback to operate, develop and improve its services, without compensation to you, subject to HaiyiMed's applicable privacy and confidentiality obligations.
23. Account security, suspension and termination
- You are responsible for maintaining the confidentiality of your account credentials and for account activity resulting from your access or failure to protect them.
- If you suspect unauthorized access, impersonation or misuse of your account, notify HaiyiMed immediately.
- If HaiyiMed reasonably believes there is fraud, circumvention, security risk, unlawful conduct, material policy violations, platform abuse or a need to comply with the law, HaiyiMed may issue warnings; restrict, suspend, deactivate or terminate access; remove or restrict content; pause leads or communications; or take other appropriate action.
- Where practicable and appropriate, HaiyiMed may provide notice and an opportunity to correct or appeal. Where necessary, for safety, security, fraud prevention, legal compliance or serious/repeated violations, HaiyiMed may act immediately.
- You may stop using the platform at any time, subject to outstanding obligations, legal retention requirements andPrivacy PolicyRequesting account closure.
24. Platform availability and service changes
HaiyiMed may add, remove, modify, suspend or discontinue certain features or services to improve the platform, respond to legal or security requirements, manage business operations or address abuse. HaiyiMed does not guarantee uninterrupted or error-free availability. If a material service change reasonably affects ongoing paid commitments, HaiyiMed will honor any notice or contractual obligations required by the applicable agreement or law.
25. Disclaimer
To the maximum extent permitted by applicable law, the platform, HaiyiMed content, search/matching tools, user content, provider information and other platform features are provided “as is” and “as available”. HaiyiMed makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, safety or results, except where disclaimer of such warranties is prohibited by law.
HaiyiMed does not guarantee any provider, provider service, treatment, diagnosis, outcome, price, availability, regulatory status, travel arrangement, reimbursement, review, testimonial, search result, match, badge or third-party service.
This disclaimer does not apply to personal injury caused by HaiyiMed's intent or gross negligence, nor to liabilities that the PRC Consumer Rights Protection Law and related laws prohibit excluding or limiting. No disclaimer or liability limitation herein exempts HaiyiMed from compensation liability for its own fault as required by law.
26. Limitation of liability
To the maximum extent permitted by applicable law, HaiyiMed and its affiliates, officers, directors, employees, agents and licensors shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or loss of profits, revenue, data, goodwill, business opportunities or similar intangible losses, arising out of or relating to the platform or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by law, HaiyiMed's total liability for claims arising out of or relating to the platform or these Terms shall not exceed the greater of: (A) the applicable platform service fees you paid directly to HaiyiMed in the 12 months preceding the event giving rise to the claim; or (B) US$100.
The limitations in this section do not exclude or limit liabilities that cannot be excluded or limited by law, including any non-waivable consumer rights or liabilities that applicable law requires be retained. These Terms do not limit providers' independent liability to patients for their services.
27. Claims between patients and providers
Because providers are independent and HaiyiMed is generally not party to the treatment relationship, disputes concerning clinical care, informed consent, malpractice, provider refunds, treatment quality, facility operations or provider performance are resolved mainly between the patient and the provider. HaiyiMed may, at its discretion, offer administrative assistance, communication records or dispute-support tools, but providing such assistance does not make HaiyiMed liable for services provided by providers.
Nothing in this section prevents a user from bringing claims directly against HaiyiMed for HaiyiMed's own conduct under applicable law.
28. Indemnification
28.1 Provider
To the maximum extent permitted by law, each provider agrees to defend, indemnify and hold harmless HaiyiMed and its affiliates, officers, directors, employees and agents from third-party claims, losses, liabilities, fines, judgments, damages and reasonable legal fees arising out of or related to:
- Provider services.
- Providers' clinical acts or omissions.
- Provider-supplied content is inaccurate or unlawful.
- Violating licensing, privacy, advertising, consumer protection, professional or healthcare laws.
- Misusing patient information.
- Infringing third-party rights.
- The provider's breach of these Terms or the policies included herein, except where caused by HaiyiMed's own conduct and responsibility cannot be transferred by law.
28.2 Other users
To the maximum extent permitted by law, non-provider users agree to indemnify HaiyiMed against third-party claims arising from their unlawful use of the platform, infringement of third-party rights, knowing publication of false or unauthorized content, fraud or material breach of these Terms. This clause does not require patients to indemnify HaiyiMed merely because of an adverse medical outcome or a dispute with a provider.
29. Applicable law
Except where mandatory law provides otherwise, these Terms and any dispute between you and HaiyiMed are governed by the laws of the State of Colorado, USA, without regard to conflict-of-laws principles. If you are a consumer in a jurisdiction whose mandatory consumer protection laws grant you rights that cannot be waived by choice-of-law clauses, you retain those mandatory rights.
Special note for mainland China consumers: If you are a consumer in mainland China, the mandatory provisions of PRC law (including but not limited to the Personal Information Protection Law, the Consumer Rights Protection Law and the contract provisions of the Civil Code) prevail over thisArticle 29choice-of-law clause applies; for disputes relating to you, you also have the right to bring suit in a people's court with jurisdiction over your domicile. Nothing in these Terms deprives you of rights that may not be waived under the laws of the People's Republic of China.Article 29andArticles 30 and 31dispute-resolution arrangements do not change the mandatory protections you enjoy as a consumer under law, nor do they force you into US arbitration, except to the extent you voluntarily submit to US courts or arbitration.
30. US dispute resolution and arbitration
Please read this section carefully. If you are in the United States and this arbitration clause binds you, most disputes between you and HaiyiMed must be resolved by binding individual arbitration rather than jury trial or class action. You may opt out as described below.
30.1 Informal resolution
Before starting arbitration or litigation, the party raising the dispute must send the other party written notice describing the dispute, relevant facts and the relief requested, and both parties shall attempt in good faith to resolve the dispute for at least 30 days. Notices to HaiyiMed should be sent to info@haiyimed.com (ASCII alternative: legal@haiyimed.com) with the subject “Legal Dispute Notice”; if HaiyiMed requests, also to the mailing address listed in Section 38.
30.2 Individual arbitration
Except for the exceptions below, disputes between US users and HaiyiMed that cannot be resolved informally shall be resolved by binding individual arbitration administered by JAMS under its applicable Consumer Arbitration Minimum Standards and the rules in effect when the arbitration claim is filed, unless the parties agree otherwise. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
30.3 Exceptions
Either party may bring qualifying individual claims in small-claims court. Either party may seek injunctive or emergency relief for unauthorized access, cybersecurity, IP misuse or other situations where courts can grant immediate relief under law. Claims that applicable law expressly makes non-arbitrable are not subject to this arbitration clause.
30.4 Waiver of class actions and jury trials
To the maximum extent permitted by law, you and HaiyiMed waive the right to a jury trial and agree that any claim submitted to arbitration may be brought only in an individual capacity, not as a plaintiff or class member in any purported class, joint, consolidated or representative proceeding. Where applicable law prohibits waiver of a particular right, that prohibition applies to the extent necessary.
30.5 Arbitration opt-out
New users may opt out of this within 30 days of first accepting these Terms by emailing info@haiyimed.com (ASCII alternative: legal@haiyimed.com) with the subject “Arbitration Opt-Out”,Article 30. The notice must include the user's full name, account email (if any), mailing address, and an explicit statement that the user opts out of HaiyiMed's arbitration agreement. Opting out of arbitration does not affect the rest of these Terms.
31. Venue for non-arbitrable US disputes
Except for qualifying small-claims cases and as otherwise provided by applicable law, any US dispute between you and HaiyiMed not subject to arbitration shall be brought in the state or federal courts of competent jurisdiction located in Colorado. Both parties consent to personal jurisdiction and venue in those courts to the extent permitted by law.
32. Users outside the United States
If you are a consumer outside the United States, mandatory consumer protections, jurisdiction, venue, alternative dispute resolution or other statutory safeguards of your country of residence may still apply, notwithstanding Sections 29–31 of these Terms. Nothing in these Terms is intended to deprive you of rights that cannot be waived by law. Business users may need to comply with Colorado law and venue rules to the maximum extent permitted by applicable law.
33. Electronic communications and notices
You agree that HaiyiMed may send you notices and communications electronically — via the platform, email, account notifications or other contact details you provide — in accordance with applicable law and your communication preferences. Marketing communications are governed byPrivacy Policyand subject to the applicable consent/opt-out requirements.
34. Changes to these Terms
HaiyiMed may update these Terms from time to time. For material changes, HaiyiMed will provide reasonable advance notice through the platform, email or other appropriate means, usually at least 30 days before the change takes effect, unless a shorter notice period is reasonably needed to comply with the law, address security or fraud issues, prevent abuse, or implement features that do not materially reduce user rights.
Updated Terms will bear a “last updated” date. If you disagree with material changes, you must stop using the affected services before they take effect. Continued use after the effective date constitutes acceptance of the changes to the extent permitted by law. Changes to the arbitration clause will be handled in accordance with applicable law and any opt-out right specified in the change notice.
35. Assignment
You may not assign or transfer these Terms or your platform rights without HaiyiMed's prior written consent, except where applicable law grants you a non-waivable assignment right. HaiyiMed may assign these Terms as part of a merger, acquisition, restructuring, asset sale, corporate reorganization, or to affiliates or successors, in accordance with applicable law and any required notice.
36. Severability, waiver and survival
If any provision of these Terms is found invalid or unenforceable, it shall be limited or severed to the necessary extent and the remaining provisions stay in effect, unless applicable law provides otherwise. Failure to enforce a provision is not a waiver. Provisions that by their nature should survive termination — including IP, disclaimers, liability limits, indemnities, dispute-resolution clauses and accrued payment obligations — survive termination.
37. Entire agreement and interpretation
These Terms, together with the policies and specific agreements incorporated by reference, constitute the agreement between you and HaiyiMed regarding the platform, subject to any separate written provider or service agreement. Headings are for convenience only. “Including” means “including without limitation”. No rule of interpretation shall disadvantage a party merely because it drafted a provision.
If these Terms and the referenced policies exist in multiple language versions, thethe Chinese version prevails; where the Chinese version and other language versions are inconsistent, the Chinese version prevails.
38. Contact Us
For any questions about these Terms, email:
- HaiyiMed LLC, Block B, Kai'ai Building, Lianhu District, Xi'an, Shaanxi 710003, China
- Email: info@haiyimed.com (ASCII alternative: legal@haiyimed.com)