Terms & Conditions
THIS AGREEMENT BETWEEN YOU AS A USER OF THE FOLLOWING WEBSITES https://clinic1.one, https://healthme2.com & https://shop.healthme2.com.hk (“WEBSITES”) AND THE APPS _______________ (“THE APPS”) AND APPLIED TECHNOLOGY GROUP LIMITED, WHICH SHALL GOVERN YOUR USE OF THE SERVICES PROVIDED BY APPLIED TECHNOLOGY GROUP LIMITED. IT IS VERY IMPORTANT THAT YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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ABOUT APPLIED TECHNOLOGY GROUP LIMITED
1.1 Applied Technology Group Limited is incorporated under the laws of the Hong Kong S.A.R. and its registered office is situated at Unit 311B, IC Development Centre, No. 6 Science Park West Avenue, Hong Kong Science Park, Shatin, N.T., Hong Kong (“ ATG”, “we”, “us”, “our”).
1.2 Subject to the terms and conditions herein, we provide healthcare information and online purchase services of healthcare services and products. We may also provide medical practitioner matching services, but solely to the extent of showcasing the individual medical practitioner’s qualification/experience and general information for User’s own consideration (“Services”).
2. AGREEMENT
2.1 If you intend to use any of our Services, you must read and accept all of the terms and conditions herein and our Privacy Policy. Also, we strongly recommend you to access and to read the related information throughout our website. Your use of our Services shall constitute your agreement to this Agreement and our Privacy Policy.
2.2 These terms and conditions constitute an agreement (“Agreement”) between you and us governing, including but not limited to, your use of our Services contained in or made available on our Website or Apps.
2.3 You must be at the age of 18 or older to enter into this Agreement with us. If you do not agree to the terms and conditions of this Agreement, please do not use any of our Services.
3. USE OF OUR SERVICES
3.1 Our Services are only available to and / or may only be used by individuals who are of the legal age, and can voluntarily enter into legally binding contracts under the applicable law.
3.2 Our Services are only available to individuals at the age of 18 or older, unless you are under 18 and you are under the supervision of a parent or legal guardian who is aged 18 or above. In latter case, the parent or the legal guardian will be responsible for the user’s usage of the Services and for all of the activities and / or transactions. We shall not be held liable for any use of the Services by a minor in violation of these Terms and Conditions.
3.3 You are required to provide accurate, complete and up to date information to register account(s). Registration of account(s) with false information is expressly and strictly prohibited. Using account(s) with false information may constitute criminal offence(s) and we reserve our rights to report any such suspicions of criminal acts, and to provide relevant information to relevant institutions / authorities for investigation.
3.4 We may, at any time and at our absolute sole discretion, refuse any person or entity to access our Services.
4. YOUR ROLE AND LIABILITIES
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4.1 In order to facilitate your use of the Services, you must ensure that all information provided by you is up-to-date and accurate. You must also provide accurate and authentic information for any transaction proceeded via us.
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4.2 You must ensure that no one can use your user identification to access our Services, and you must not grant any third party the right to use our Services.
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4.3 For medical practitioners, by providing us your information, you hereby confirm that any and all such information are true to the best of your knowledge and the Company has no duty to investigate into the information so provided by you, and you understand that knowingly providing false information, and falsely misrepresenting oneself as a registered medical practitioner and/or pretending to be a registered medical practitioner is an offence under the laws of the Hong Kong S.A.R.
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4.4 Your purchases through us are non-transferable and cannot be resold and you are solely responsible for the suitability of such purchases. As such, we strongly recommend you, before any purchases, to assess whether it is/are suitable for your needs and health condition. You understand that some products/services are from third party product/service providers. As such, you are strongly recommended to, before making any purchases through us, read the relevant terms and conditions of the related third party product/service providers (if any).
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4.5 You must ensure that you have sufficient credit in your credit card account for the settlement of payment of your purchases.
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4.6 You understand that any purchases submitted are treated as a request for purchase only, and the Company has the sole discretion to refuse/reject any purchase requests from you.
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4.7 You must ensure that you can and will comply with all the laws and regulations of the countries you reside in, if you do not reside in the Hong Kong.
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4.8 You use the Websites and/or the Apps at your own risk.
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4.9 While using our Services, you must not:-
(a) violate any laws, third party rights or our policies;
(b) take any action that will interfere with other customers or harasses, defames and/or menaces any third party;
(c) use our Services if you violate Clauses 3.1 and 3.2 herein;
(d) take any action that will affect our fee structure, billing process or fees owed to us;
(e) reverse or cancel payment without our prior written consent;
(f) distribute viruses or malicious software or any other technologies that maybe harmful to us;
(g) breach any terms or conditions in this Agreement or other rules or regulations on our Website/Apps which may be applicable for the Services;
(h) use third party links to their websites without accepting any such third party’s terms and conditions of use of their websites;
(i) take action which may violate any applicable law, statute, ordinance or regulation;
(j) copy, modify and / or distribute content from us and our sub-domains, including but not limited to our copyrights and trademarks;
(k) use our Services in any manner that to reproduce, mine, query to extract our data for commercial purpose;
(l) use our Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of us.
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4.10 By visiting our Websites/Apps, you hereby agree to defend, indemnify and hold us, our directors, officers, employees and agents harmless from and against any claims or actions or liabilities.
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5. OUR ROLE AND LIABILITIES
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5.1 We aim to provide you useful and comprehensive information and you may find information you require on our website, but the contents, such as texts and images are for informational purposes only. The content is not intended to be a substitute to professional medical advice, diagnosis or treatment. We have not at any time represented to be a registered medical practitioner, and you should always seek the advice of a qualified, registered medical practitioner regarding your health/medical condition. Nothing herein, including the use of our Websites/Apps and/or Services, shall create a medical practitioner/patient relationship between you and us.
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5.2 We may post information obtained from third party product/service providers. Such information does not form part of our Services. We are not responsible for the information and are not liable for such posting’s accuracy and/or discrepancies.
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5.3 We (including but not limited to our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable for any of your losses arising, directly or indirectly from:
(a) the inaccuracy and/or error of the information that you provided to us;
(b) your use of or your inability to use our Services;
(c) delays or disruptions in our Services;
(d) viruses or other malicious software obtained by accessing, or linking to our Services;
(e) damage to any of your hardware devices due to the use of our Services;
(f) any action of third party; and
(g) suspensions or other actions taken by us regarding your account due to breach of this Agreement and / or any applicable law.
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5.4 We are not liable for any dispute arises between you and our third party agents/product/service providers and all such claims and/or demands shall be directed to the third party agent/product/service provider and you hereby agree to indemnity us of our loss (if any) arising out of such disputes/claims/demands.
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5.5 We do not guarantee the continuous or secure access to our Services and the operation of our Services may be interfered by various factors which are out of our control.
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5.6 We will not be responsible and / or liable for any loss, injury, wrongful death, claim, liability or damage regarding your use of our Services. You use the Services at your own risk.
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5.7 From time to time, we will update our Services and/or our website and may amend the content of our Services and/or our website. We will use our reasonable effort to make sure you can access our Services and our website. However, if necessary, we may suspend or terminate the Services and/or our website without prior notice to you. We shall not be liable if for any reason our Services and/or our website are not available at any given time for any given period.
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5.8 Our website may contain links to other resources and businesses on the Internet which are for your reference only. It does not mean that we sponsor, are affiliated to or associated with, or legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol in the said links.
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5.9 Certain services on our website may be provided by third parties. By booking any product, service or functionality originating from our website, you acknowledge and consent that we may provide your information and data to any third party with whom we have a contractual relationship to provide the requested product, service or functionality for our websites’ users and customers.
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5.10 We make no representations, warranties or guarantees to the quality or whatsoever of the products/services provided by the third party product/service providers.
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5.11 All warranties and other terms which are not expressly stated in this Agreement are excluded to the maximum extent permitted by law.
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5.12 We do not endorse any particular examinations, products, procedures, tests, opinions or any other information that may be mentioned on the Website or on our Apps. We shall not be liable for any loss, injury, damage, claim associated with and/or resulting from your reliance of such information.
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5.13 We make no representations or warranties on the accuracy of any third parties’ content posted on our Websites.
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5.14 Any medical services provider, suppliers or professionals and/or registered medical practitioners registered as user on our Websites and/or Apps are not an agent, employee or otherwise affiliated with the Company, and any information or representations made or provided by such individuals/entities shall not be treated as our representations made to you or information approved by us.
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6. PURCHASES
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6.1 Any orders made by you on our Websites / Apps are offers only and are subjected to our acceptance.
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6.2 Any products and/or services purchasable on our Websites/Apps are subject to availability and may be removed/withdrawn at any time without prior notice.
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6.3 Any images display on our Websites/Apps may be for reference only and may not correspond to the product description, and we ask that you refer to the written description of the product.
6.4 We may set credit limits and/or restrict, decline the purchase of any individual user at our sole discretion.
6.5 In the event of discrepancies between your online bill and the final bill, the amount on our final bill shall prevail. We would mark any adjustments to your bill on your final bill, which would be presented to you at the time of delivery of the purchased products or provision of services.
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7. PAYMENT
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7.1 All payments must be in full and by your credit card. We accept payments by VISA or MasterCard only. We hereby reserve the right to add, delete or amend the method of payment used on our Websites / Apps, and any such changes would be announced by way of email or a notice placed on our Websites / Apps.
7.2 As payments will be settled by credit cards, you agree and consent that:
(a) we will charge all fees (if any) incurred to the credit card used by you;
(b) we will take steps to confirm that there is sufficient credit amount in your credit card account to settle any payment or charge;
(c) we will disclose, when necessary, your credit card information to, and obtain information from any institution such as credit card issuers to verify the credit card and identification information provided by you;
(d) we will provide your billing, payment and identification details to the third party product/service providers (if so required) in relation to your purchases.
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7.3 If, for any reason, payment cannot be received from your credit card issuer, you agree to pay us all amounts due on demand from another credit card in your personal name.
7.4 Please note that credit card charges may apply. Shipping charges may also apply, which would include handling and packing fees, as well as postage fees.
7.5 We reserve our absolute rights to accept or decline any purchases made from outside Hong Kong.
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8. CANCELLATION/VARIATION OF ORDERS
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8.1 There is no variation/cancellation of order once we accept your purchase request. In the unlikely event that we accept your cancellation/variation, you understand and accept that administrative charges may apply, and you understand that there would also be variations on your final bill.
8.2 There is no refund once a purchase has been made and accepted by us. In the event that we accept and grant you a refund, your right to refund may also be subjected to the terms and conditions of the third party product/service providers.
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9. DELIVERY, RETURN AND EXCHANGE
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9.1 Return or exchange requests will not be accepted once the product has been accepted by you and/or the product has been used by you.
9.2 We only accept return and/or exchange for inherently defected or damaged products. The Company reserves its sole right to examine, investigate and to determine the merits of your request. Any accepted return and/or exchange must include the entire original packaging and a valid invoice.
9.3 There may be some circumstances whereby we may not be able to provide exchange for the same product/model/service due to various reasons. In such event, your payment would be reserved as store credits for your future purchases on our Websites/Apps.
9.4 Your right to refund may be subjected to the terms and conditions of the products/services you purchased from the third party product/service providers.
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10. LIMITATION OF LIABILITY AND INDEMNITY
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10.1 If you purchased the services of a third party service provider, you understand and accept that we ourselves are expressly not a party to the final contract for the provision of services. We shall not be hold liable for claims regarding the products and/or services which are not provided by us.
10.2 We exclude all liability (including for negligence), to the maximum extent permitted by law, for direct, indirect, consequential or incidental damages, lost of profits or savings or damages for disappointment.
10.3 All information contained on our Websites/Apps, in particular, information regarding any physicians and medical practitioners are solely provided to us by the named individual and/or entity. We shall not in any ways be held liable for any misrepresentation and/or false, inaccurate information provided to us.
10.4 We again remind you that the content on the Websites / Apps are not meant to be used as a substitute for professional medical advice, diagnosis or treatment, and is for informational purposes only.
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11. PRIVACY
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11.1 In order to use our Services, you may need to provide information, including but not limited to your full name, date of birth, billing address, identification document/passport number, credit card number, credit card expiry date, credit card security code, etc. We shall use reasonable effort to protect all such information provided by you in compliance with our Privacy Policy. However, you understand and accept that for purchasing purpose, we may disclose such information to third parties, such as any third party service providers.
11.2 By using our Services, you agree and consent to the disclosure as stipulated in Clause 11.1 of this Agreement. We shall not be hold liable for claims regarding the wrongdoings/defaults/disclosure of your information.
11.3 You are strongly recommended to carefully read our Privacy Policy.
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12. INTELLECTUAL PROPERTY
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12.1 Our graphics, logos, designs, page headers, button icons, scripts, and service name are the intellectual properties of us or the author of the article, service provider and the rightful owner of the product, and may not be used, including as part of trademark and / or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
12.2 The names of actual companies and/or products and/or services mentioned on our website may be the trademarks of their respective owners.
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13. GENERAL TERMS
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13.1 The Terms and Conditions herein are subject to applicable laws and regulations. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Services or information provided to or gathered by us with respect to such use.
13.2 If any provision herein is held to be invalid or unenforceable, such provision will be superseded automatically by a valid and enforceable provision which the most matches with the intent of the original provision and shall not affect the validity and enforceability of the remaining provisions.
13.3 Unless otherwise specified, the Terms herein constitutes the entire Agreement between you and us in relation to our Services and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us in relation to our Services.
13.4 Any failure by us to enforce or exercise any Terms herein, or any related right, will not be deemed to be a waiver of that term/condition or right. Any rights not expressly granted in these Terms and Conditions are reserved.
13.5 Chinese version of these Terms and Conditions is available. However, in case of any discrepancy, this English version shall prevail.
13.6 The invalidity, illegality or unenforceability of any term or condition herein will not affect the continuation in force of the other terms and conditions.
13.7 The use of the Websites and Apps, including the interpretation of these Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong. In the event of disputes, you agree that we shall first attempt to resolve the dispute through mediation. Only when mediation fails that a party may seek further legal action against the other. You hereby agree to submit to the exclusive jurisdiction of the HKSAR Courts in the event of any disputes arising from your use of the Services .