Blua Health – Health & wellness app with AI technology to gain health and earn rewards with Bupa

Blua Health Terms and Conditions

1. Membership Documentation

Blua Health is offered, distributed and operated by Horizon Health and Care Limited (“Horizon”), which is a company registered in Hong Kong under the Bupa group. Horizon, we, our and us refers to Horizon Health and Care Limited, and/or where appropriate, its related body corporates and affiliates.

Please read through carefully these Terms and Conditions and Horizon’s Privacy Notice (“Privacy Notice”). You are responsible for informing yourself of any changes in respect of the documents mentioned in this paragraph, Blua Health website and Blua Health app by reviewing regularly these pages.

Becoming a Blua Health member or your participation in Blua Health app shall mean you accept the following:

You have read and agreed to these Terms and Conditions applicable to our websites, online facilities, smart phone/tablet applications, and all materials and contents therein which are relevant to Blua Health;

You consented to the collection, use (including without limitation, handling and processing) and disclosure of your personal information in accordance with Privacy Notice; and

You acknowledged and agreed that we may amend these Terms and Conditions and Privacy Notice at any time and agreed to be bound by these documents as amended and any other rules, policies or procedures that may be adopted, implemented or varied by us from time to time. We have the sole discretion to apply, disapply and interpret these Terms and Conditions, Horizon Privacy Notice and any other rules, policies or procedures.

By subscribing to our marketing communications during your registration on Blua Health app, you acknowledge and agree that your personal data may be shared with any member or brand of Group Companies and our partners (within or outside of Hong Kong) for marketing purposes as described in the Privacy Notice. You may receive emails, SMS, instant messenger messages, mailings or promotional materials from us, our Group Companies and/or or our partners with respect to their own products and services. You may opt out of receiving such materials by advising us. However, if you choose to opt out, you will not be able to receive useful information about rewards under Blua Health. For details, please refer to the Privacy Notice.

2. Eligibility of Blua Health Membership

You may apply for Blua Health membership if you satisfy the following requirements:

A. You must be at least 18 years old.
B. Each person is entitled to one membership account only. The membership account is solely for personal use of the member who has signed up for it, and you must not offer or allow any person to access or use your account. Membership account is non-transferable.
C. You must ensure that the information you submit for membership registration is authentic, accurate, complete, not misleading and without any fraud. You must provide a correct and valid email address or mobile phone number to receive membership related messages. You must be the legitimate owner of the email address or registered mobile number provided. We take no responsibility for any undelivered SMS, app notifications or emails.

3. Blua Health Membership

Blua Health membership can start on any day of the calendar year. There are three types of membership (individual holding Blua Health membership is referred as “Blua Health Member”), namely, Blua Health Basic Member ("Basic Member"), Blua Health Basic+ Member (“Basic+ Member) and Blua Health Elite Member ("Elite Member").

A. Basic Member
I. Any individual who satisfies Blua Health membership eligibility stated in Clause 2 (Eligibility of Blua Health Membership) of these Terms and Conditions may apply for Basic Member by completing registration on Blua Health.
II. Membership for Basic Member is for life unless it is terminated pursuant to Clause 8 (Termination of Membership) of these Terms and Conditions.

B. Basic+ Member
I. To become a Basic+ Member, you must be an insured member of an active master group insurance policy underwritten by Bupa (Asia) Limited subscribed for Basic+ Membership (“Group Policy”).
II. You must connect your myBupa account to Blua Health to verify the policy information and membership eligibility, which will be available on and after the policy effective date of the eligible Bupa (Asia) Limited insurance plan.
III. Membership can be renewed annually subject to these Terms and Conditions.

C. Elite Member
I. Elite Member includes two categories, Elite Individual Member ("Elite Individual") and Elite Group Member ("Elite Group").
II. Elite Individual must be a policyowner or insured member of an existing eligible insurance plan underwritten by Bupa (Asia) Limited. Elite Group must be an insured member of an active master group insurance policy underwritten by Bupa (Asia) Limited eligible for Elite Membership (“Group Policy”), and invited to become an Elite Group Member. You must connect your myBupa account to Blua Health to verify the policy information and membership eligibility, which will be available on and after the policy effective date of the eligible Bupa (Asia) Limited insurance plan.
III. You must connect your myBupa account to Blua Health to verify the policy information and membership eligibility, which will be available on and after the policy effective date of the eligible Bupa (Asia) Limited insurance plan .

Memberships of any categories (i.e. Basic Member, Basic+ Member, Elite Individual Member and/or Elite Group Member) maybe concurrent in case where an individual holds more than one eligible insurance policies with Bupa (Asia) Limited.

Membership is granted at our sole and absolute discretion and we reserve the right to refuse any membership application, or to terminate or discontinue membership to any individual and may not provide any reason of such refusal.

We may, in our sole and absolute discretion, offer exclusive Blua Health membership to certain individuals who do not meet all of the membership eligibility under Clause 2 of these Terms and Conditions. Such exclusive membership is subject to qualifying rules and requirements set by us in our sole discretion from time to time.

4. Annual Membership Fee

We reserve the right to charge an annual membership fee and to vary the annual membership fee amount from time to time. The price of annual membership fee will be advised to you on initial application or prior to the annual membership renewal date (as the case may be).
All annual membership fee will be payable to us on or before your annual membership fee due date by using such payment methods permitted by us. Annual membership fees will be collected independently and separately from your premiums of your insurance policy(ies) which are determined by Bupa (Asia) Limited.
For memberships offered under a Group Policy, your employer will pay your membership fee in accordance with the payment mode chosen for the Group Policy.

5. Use of Personal Information in Direct Marketing

Blua Health provides rewards to Blua Health members which may include discounts, exclusive offers, cash back rewards and other rewards relating to products and/or services offered by us and our partners from time to time.
Only a Blua Health member can enjoy the rewards offered by Blua Health. Rewards may only be used for personal and not commercial purposes.
You will be eligible to access rewards once you have activated your Blua Health membership. Please refer to the relevant rewards guide for the terms and conditions applicable to each reward.
Certain rewards or partner discounts may not be applied at the point of sale. Instead these rewards or discounts may be consolidated on a periodic basis in the form of rebates. You will receive such rebates by electronic funds transfer or vouchers, or such other method as may be determined by us from time to time at our sole discretion where applicable and subject to applicable laws. Please refer to the relevant rewards guide for the terms and conditions applicable to such reward or discount.

5.1 Fees for using rewards
Additional fees, including but not limited to, activation fees, surcharge, monthly fees and subscription fees, may be payable for the utilisation of certain rewards. The fees may be payable directly to the partner or to us. Please refer to the relevant rewards guides on the Blua Health app for more information. To the extent practicable, we will endeavour to give you notice of the introduction of, or increase to, any fees payable for the utilisation of certain rewards. We may send you such notice via electronic means, including by email to your email address last notified to us, or by posting details of the change(s) on Blua Health website and/ or Blua Health app.
5.2 Important information about rewards
We do not make any warranty, whether express or implied, including merchantability, suitability, fitness for a particular purpose, or otherwise with respect to the rewards and/or products/services provided by our partners.
We accept no responsibility or liability in respect of any acts and/or omission of the partners in connection with a Blua Health member’s use of a product or service or reliance upon advice with respect to any reward.
Under no circumstance we shall be liable for any direct or indirect loss, cost or expense arising from the member’s use or inability to use the rewards and/or products/services under Blua Health app. We accept no responsibility or liability for any partner withdrawals or discontinued service from Blua Health or reward changes or cancellations.
The use and redemption of the rewards are subject to the terms and conditions set out and imposed by the respective partners, which may be subject to change without prior notice.
You must resolve any dispute about any products or services provided as part of a reward directly with the relevant partner.

6. Blua Points

6.1 Awarding

Blua Points will be awarded to you in accordance with the terms and conditions as determined by us and the respective partner from time to time. We assume no responsibility or liability as to the awarding of points or posting of transactions into your membership account by the partners.

Each membership level has its own maximum number of Blua points that members can earn in a month through participating in health missions.
A. Basic members: 500 points per month
B. Basic+ members: 750 points per month.
C. Elite members: There is no point limit.
You shall notify us any disputes in connection with or arising from the points awarded within 30 days from the date of activity, by email at cs@bluahealth.com.hk. Our decision on any such dispute shall be final and conclusive. The points statement will be taken to be final and binding on you if we do not receive any notification from you within the stipulated timeframe.

6.2 Validity and expiry

The earned Blua points will expire on specific date based on the wallet where the points are stored.
Applicable to both Basic Members and Elite Individual Members: The points stored in Individual wallet will expire on the 31st January of the following calendar year.
Applicable to both Basic+ Members and Elite Group Members: The points stored in Group wallet, there will be two expiry dates for each year, 31st July and 31st January, starting from 2024. For the points earned between 31st January to 30th June, the points will expire on the 31st January of the following calendar year. For the points earned between 31st July to 31st December, the points will expire on the 31st July of the following calendar year.
The table below sets out the relevant dates for illustration purpose:

6.3 Accumulation and allocation

Blua Points will be credited to your wallet in Blua Health app. There are two types of wallets: the Individual wallet for Basic and Elite Individual Members, and the Group wallet for Basic+ and Elite Group Members.

You can start earning and storing Blua Points in the Individual wallet once you have registered your account on Blua Health with a Basic Membership. If you have become an Elite Individual Member at a later time, there will be no change to your Individual wallet. Blua Points earned before and after becoming an Elite Individual Member will remain in the same Individual wallet.

If you later become a Basic+ Member or Elite Group Member, even though you still hold an Individual wallet, when you activate Basic+ or Elite Group membership and log in to the Blua Health for the first time, you will need to confirm using the Group wallet as your default wallet to store and accumulate Blua points earned thereafter.

If you hold both Elite Individual Membership and Basic+ and/or Elite Group Membership, or more than one of the aforementioned memberships, both Individual and Group wallets are available to you. You are required to select your default wallet only at your first login after your Basic+ and/ or Elite Group Membership is granted. Despite your setting of default wallet, there are certain Blua Points especially available to Basic+ and/ or Elite Group Members can only be earned and stored in the Group wallet. You cannot transfer Blua Points between your Individual wallet and Group wallet. Upon termination of your Basic+ and/ or Elite Group Membership, your Group wallet will be closed and any unused Blua Points will be forfeited.

If you have concurrent membership, Blua Points may store in different wallets under certain circumstances. The following table shows a few examples for illustration:

6.4 No transfer of rights

The membership of Blua Health is personal to you and shall not be assigned at law or in equity. You cannot transfer, assign, sell, barter or pledge your membership rights or rights to rewards to another person or another member.
Blua Points generated under Blua Health are not transferrable to other health and wellness programmes or membership schemes operated by Bupa group of companies elsewhere in the world (and vice versa).

7. Changes to the Blua Health, Partners and Rewards

We have the sole and absolute discretion, with or without prior notice, in whole or in part, to (1) make changes to any aspect, of Blua Health including partners, rewards structure and requirements, these Terms and Conditions and Horizon Privacy Notice and (2) terminate, suspend or cancel Blua Health at any time.
The revised version of these Terms and Conditions shall be effective as at the date of publication on Blua Health website and/or Blua Health app. You will be deemed to accept all amendments to these Terms and Conditions by continuous subscription or participation in Blua Health.
In accordance with the terms of the Ordinance, the Company has the right to charge a reasonable fee for the processing of any personal information access or correction request.

8. Termination of Membership

8.1. Automatic termination
Your Blua Health membership will be terminated automatically on the happening of the following event, whichever is the earliest:
A. Basic Member
I. In the event of death of the Blua Health Member; or
II. Account has been inactive for 2 consecutive years
B. Basic+ Member

I. When you are no longer an insured member under any eligible Group Policy issued by Bupa (Asia) Limited
II. Your Basic+ Membership will be converted to Basic Membership upon termination automatically
C. Elite Member
I. In the case of an Elite Individual Member, when you are no longer the policyowner or insured person of any eligible Bupa (Asia) Limited insurance plan; or
II. In the case of an Elite Group Member, when you are no longer an insured member under any eligible Group Policy issued by Bupa (Asia) Limited
Your Basic+ or Elite Membership will be converted to Basic Membership upon termination automatically

8.2. Termination by you
You may terminate your Blua Health membership through “My Profile” page on Blua Health app at any time.

8.3 Termination by us

We reserve the right to terminate, suspend or deactivate your Blua Health membership (in whole or in part, including your access and right to utilise one or more of the rewards), for reasons including but not limited to the following:
A. if we detect or suspect that there is any potential or actual breach by you of these Terms and Conditions or of any reward guides;
B. if we believe that you are abusing or misusing Blua Heath, or the rewards or privileges of Blua Health; or
C. if we believe that you are doing anything detrimental to our interest or reputation.
We reserve the right to modify and terminate the contents, rewards and other features of Blua Health, including but not limited to the app, memberships, rewards, and these Terms and Conditions at any time without prior notice.
We reserve the right to cancel all accumulated Blua Points and rewards of a member forthwith upon termination of his or her membership for whatsoever reasons without any compensation.

8.4. Events following termination of your Blua Health membership
If your membership is terminated for any reason:
A. All your rights under Blua Health including rewards and Blua Points will be forfeited upon the termination of your Blua Health membership.
B. A notification email of termination will be sent to the email address you have provided to Blua Health.
C. We shall keep your personal data on Blua Health for 2 years in compliance with legal requirements. Thereafter, we shall safely delete or destroy your personal data and records.

9. Other Important Information

9.1. Communication of Blua Health

You acknowledge and agree that we may from time to time contact you and send you documents and other information via electronic transmission (e.g. email), mail, SMS, MMS, telephone, fax and other means of communication in respect of your membership and participation in Blua Health as described in the Privacy Notice.

You agree that any notice or material are deemed to have been provided to you if it is uploaded to Blua Health website and/or Blua Health app or if it is sent to the email or physical mail address last notified to us by you. You are responsible for advising us of any change in your contact details, and in particular ensuring that your email address remains current and unblocked and that communications from us are not filtered or placed in a location where you do not see them. We shall not be liable for failure to deliver a notice to you or correspondence lost or destroyed.

9.2. Disclosure of information

You agree that any information provided by you for use in Blua Health is voluntary for your membership and participation in Blua Health. By taking part in Blua Health, you consent us to access, use and store your health and wellness data (for example “steps” data) as collected by us from your selected third party health and fitness app/device via Blua Health in accordance with Privacy Notice.

You agree that any information provided by you for use in Blua Health shall not constitute disclosure of information in respect of any insurance policy between you and Bupa (Asia) Limited for application or any other purposes. The fact that you have provided certain information in Blua Health does not discharge your obligation to disclose all information relevant and material to insurance coverage and claims under an insurance policy with Bupa (Asia) Limited.

If you are a Blua Health Member under a group medical insurance policy, we shall not provide your personal health or medical related information to your employer. Any information provided to your employer will be, as far as possible, in an aggregate format on an anonymous basis.

9.3. Tools and Monitoring

We may deploy data analytics tool to monitor Blua Health’s usage to provide us with information to operate, evaluate and improve Blua Health and our services and understand your preferences. We may also collect and use technical data and related information including, but not limited to technical information about your device (e.g. its system and application software) to facilitate the provision of updates, product support, and other services to you related to Blua Health. Any personal data collected pursuant to this paragraph will be subject to the Privacy Notice.

The functions within Blua Health may involve third party software or services for which we make no warranties and assume no obligation or responsibility to it. Your use shall signify your acceptance of the third parties’ terms and conditions and privacy policies.

To the extent permitted by law, we shall accept no responsibility or liability under tort (including negligence), breach of contract or otherwise, for death or personal injury, loss, damage, costs or expenses howsoever occasioned, sustained or suffered, as a result of or in connection with the use of third party software or services.

9.4. Links to Third Party Websites

We may provide links to other websites or resources maintained by unrelated companies and persons on Blua Health. We do not monitor the contents of the linked sites and have no control over them. We are not responsible for the content or material of any linked site or any links contained in a linked site, or any changes or updates to such linked sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site or any association with its operator. Your access and use of such linked sites remains entirely at your own risk and you agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any linked site.

9.5. Use of Biometric Authentication Service

Biometric Authentication Service provides an alternative means for you to use your biometric credentials as a security code to confirm your identity to access your Blua Health account through the app with the permitted mobile device, in lieu of your Blua Health user ID and password. You may still use Blua Health user ID and password to log on to Blua Health.

You acknowledge and agree that in order to use Biometric Authentication Service:

A. You must hold a valid Blua Health account;
B. You must install Blua Health using a permitted mobile device;
C. You will need to activate biometric function on your permitted mobile device and register at least one of your biometric credentials to control access to the permitted mobile device;
D. You will be required to undergo a registration process to choose to use the biometric credentials you store on your permitted mobile device for accessing your Blua Health account; upon successful registration process, you may use your biometric credentials stored on your permitted mobile device to confirm your identity for accessing your Blua Health account;
E. You must ensure that only your biometric credentials are stored on your permitted mobile device to access the device and you understand that upon the successful registration of your permitted mobile device, any biometric credentials that are stored on your permitted mobile device can be used to access and operate your Blua Health account; and
F. It is your sole responsibility to take all reasonable security measures to prevent the unauthorised use of Biometric Authentication Service; you should ensure the security of the security codes as well as the password or code that you use to register your biometric credentials on the permitted mobile device.
G. You should not use face authentication module if you have an identical twin sibling, in which case you are recommended instead to use Blua Health user ID and password to log on to Blua Health;
H. You should not use face authentication module if you are an adolescence while your facial features may be undergoing a rapid stage of development, in which case you are recommended to instead use Blua Health user ID and password to log on to Blua Health; and
I. You should not take any action to disable any function provided by, and/or agreeing to any settings of, your mobile device that would otherwise compromise the security of the use of your logon credentials for authentication purposes (e.g. disabling “attention-aware” for face recognition).
J. You must not access or use Blua Health via any device that you are not authorised to use, or a device where software restrictions or privileges have been obtained illegally or without authorisation (for example, jailbroken or rooted devices).

You may choose to access Blua Health using your Blua Health user ID and password at any time.

Each time Blua Health detects the use of biometric credentials registered on a permitted mobile device on which you have registered for Biometric Authentication Service to access Blua Health , you are deemed to have logged into your Blua Health account.

You acknowledge that the authentication is performed by Blua Health by interfacing with the biometric authentication module on the permitted mobile device and that you agree to the authentication process. We are duly authorised to verify your identity by the biometric credentials registered on your permitted mobile device instead of your other logon credentials.

9.6. Abuse of Blua Health privilege

We offer you membership of Blua Health based on mutual trust. If we detect or suspect any dishonest or fraudulent activity or misconduct by you or anyone acting on behalf of you in relation to Blue Health (including but not limited to use of the app and/or platform, privilege or reward), we may take any action which we consider necessary to protect our legal rights, including but not limited to suspend or forfeit any reward which have or have not been received by you or terminate your Blua Health membership.

9.7. Exclusion of liabilities

By agreeing to these Terms and Conditions you agree to indemnify us, our respective officers, employees, directors, agents, advisers, partners and/or contractors against any and all loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) that any of them may incur or suffer that arises directly or indirectly out of these Terms and Conditions, any other governing documentation mentioned in Clause 1 of these Terms and Conditions and/or Blua Health (regardless of whether we have any control over circumstances giving rise to the claim or not).

To the maximum extent permitted by law, we and/or our respective officers, employees, directors, agents, advisers, partners and/or contractors shall not be liable for any loss, damage, claim or expense (including but not limited to indirect, incidental, special, punitive or consequential liability, economic loss, loss of profits and loss of opportunity) you, your beneficiaries or any third parties may incur or suffer that arises directly or indirectly out of these Terms and Conditions, any other governing documentation mentioned in Clause 1 of these Terms and Conditions or Blua Health (regardless of whether we have any control over circumstances giving rise to the claim or not). If we are liable to you in any way, our maximum liability shall be limited to the number of Blua Points which we consider is appropriate to be allocated to your Blua Health membership in connection with which the relevant claim arose.

We disclaim all express or implied warranties including, but not limited to, warranties of availability, price, satisfactory quality, merchantability and fitness for a particular purpose. We shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with Blua Health, any information, software, products, services, rewards or content obtained through lua Health, or your dealings with our partners and third party service providers available through Blua Health.

We shall not be liable for any disruption to Blua Health or any delay to or inability to provide any of the rewards caused by circumstances beyond our control including, but not limited to, failure of any third party, strikes, riots, social unrest, acts of God, flood, natural disaster, storm, fire, lightning, epidemics, pandemics, war, hostilities (whether war be declared or not), terrorism, military or civil disturbance.

Any third party links on any of our mobile application, websites, communication channels and social media does not imply any approval or endorsement by us. We have no control over the content of those sites and accept no responsibility or liability in respect of them.

You must evaluate and bear all risks associated with the use of the content downloaded and acquired through our/third party mobile application and websites. We shall not be liable for any damage or loss of any kind directly or indirectly arising from or in connection with your use or inability to access our mobile application /website /third party links and/or use any related documents.

We reserve the right to provide any tax authorities with full details of any person’s accrual and redemption of rewards, upon request of a tax authority of applicable jurisdiction. We shall not be liable for cooperating with relevant tax authorities in this matter.

The material provided on any of our mobile application /websites, communication channels and social media, including all text, photographs, images, illustrations, graphics, audios and videos, is provided by way of general information only and shall not be construed as medical, health and fitness, insurance-related or otherwise any kind of advice. Whilst we, our holding company, subsidiaries, affiliates and joint venture partners, endeavour to ensure that the material contents are accurate, errors or omissions may occur and we do not accept any liability in respect of them.

We recommend that you consult with your healthcare professional before you follow any health and fitness recommendation you may receive from Blua Health, our mobile application, websites, communication channels and social media. We are not a licensed healthcare service provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Blua Health does not and we do not provide any medical advice or treatment. Blua Health is not intended to be a substitute or an instruction for professional medical advice, diagnosis, treatment or management of care. Please consult your healthcare professional for any health-related issues and contact your healthcare professional immediately in case of an emergency. Blua Health and we are not intended to provide insurance-related advice or to conduct any regulated activity. The information and content provided by us or otherwise available on our platform is for informational purpose only and should not be considered professional advice or guidance. Any decisions regarding insurance or financial products should be made solely by you in consultation with a qualified professional, and Blua Health will not be held liable for any decisions made based on the information provided on our platform.

You expressly agree that your activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction or negligence of us or third parties. You also expressly agree that we do not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, group athletic activity or event that may or may not earn you reward points.

If you start to feel unwell at any time after trying the workout or exercise, stop immediately and seek further advice from your healthcare professionals. Do not disregard, avoid or delay obtaining health or medical related advice from your healthcare professional because of what you may have read on our mobile application, website, communication channels and social media. We shall not be held responsible for any injuries and/or damages that may result from your participation in the workout or exercise or any health and wellness programme, of which the information has been provided to or shared with you on any of our mobile application, websites, communication channels and social media.

9.8. Third party rights

These Terms and Conditions, and other documentations issued by us relating to Blua Health are not intended to, and do not give any person who is not our member any right to enforce any of the provisions.

9.9. Severance

If any provision of these Terms and Conditions is prohibited by law or judged by a court or tribunal to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.

9.10. Waiver

No failure or delay by us in exercising any or enforcing any right, power or privilege shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.

9.11. Law and jurisdiction

These Terms and Conditions, the use of Blua Health and the relationship between you and us are governed by Hong Kong laws. By joining Blua Health, you agree to submit to the exclusive jurisdiction of the Hong Kong courts.

In case of inconsistency or conflict in meaning between the English version and Chinese version of these Terms and Conditions, the English version shall prevail. Our decision shall be final and conclusive in the event of dispute.

Issued by Horizon Health and Care Limited

January 2024