Applied Technology Group Limited
Terms and Conditions – Telemedicine (medical tele-consultation)
Welcome to the Video Consultation service of Applied Technology. The Video Consultation service provides medical consultations to users where audio and visual information is exchanged in real time. Online health advice specific to the user's enquiries would be provided by Hong Kong registered doctors from Applied Technology to users.
The terms "we", "us", "our", "ours", "ATG" and “Applied Technology” when used in these Terms and Conditions mean Applied Technology Group Limited and its holding company, subsidiaries, affiliate and related companies. The terms "you", "your" and "yours" when used in these Terms and Conditions mean any user of the video consultation service.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE VIDEO CONSULTATION SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE VIDEO CONSULTATION SERVICE.
1.2 These Terms and Conditions are in addition to all ATG's terms and conditions which apply to you. In case of a conflict of any particular term or condition, the relevant term and condition in these Terms and Conditions shall prevail.
1.4 We may from time to time make changes to these Terms and Conditions without notice to you. The latest Terms and Conditions will be posted in our public website www.ATG.ai and you should always review these Terms and Conditions prior to using the Video Consultation service to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access the Video Consultation service. If you cannot access the Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions to you by e-mail upon request. You will be legally bound by the updated or amended Terms and Conditions from the first time that you use the Video Consultation service after we put the changes.
2 Data Privacy
3 Your Obligations
3.1 You agree to use the Video Consultation service for personal and non-commercial use only and shall not post or transmit through our function any material which violates or infringes in any way upon any intellectual property rights, proprietary rights or confidentiality obligations of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. In particular, you agree not to upload or transmit any malware, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a device. We reserve the rights from time to time, without notice, to access your member's account and/or terminate providing Video Consultation service to you any time or to observe and record your access to and use of the Video Consultation service to determine if you are complying with these Terms and Conditions.
3.2 Please take note that we only provide the Video Consultation service for patients located in Hong Kong. You should not use the Video Consultation service if you are located outside of Hong Kong.
3.3 You agree to comply with all applicable laws, statutes, ordinances and regulations ("Applicable Laws") regarding your use of the Video Consultation service. You recognize the global nature of the Internet and you understand that the Applicable Laws may be of a jurisdiction other than your own and you agree that compliance with Applicable Laws is your sole responsibility. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.
3.4 You agree that you shall at all times provide true and accurate details in all appointments and enquiries you submitted to us when using the Video Consultation service.
3.5 You agree to indemnify and hold us and our respective officers, directors, agents and employees, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all reasonable legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of the Video Consultation service.
4 Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Video Consultation service or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Video Consultation service or any part thereof.
5 Links to Third Party Websites
We may provide links to other sites or resources maintained by unrelated companies and persons ("Linked Site(s)") on the Video Consultation service. We do not monitor the contents of the Linked Sites and have no control over the Linked Sites. 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
6 Price and Payment
6.1 You agree to pay all fees or charges to you in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
6.2 You authorize ATG to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required.
6.3 The charges of the Video Consultation service may be modified at any time, but this will not affect the service you have already ordered.
6.4 Your health insurance policy (if you have one) may cover Video Consultations. It is your responsibility to check whether the Video Consultations are covered by your insurance policy.
7 Medical or Healthcare Advice
7.1 Please take note that certain medical conditions are not suitable for video consultations. If you are uncertain about whether you have been able to explain your medical concerns through the Video Consultation service, you should always seek advice from a doctor in person.
7.2 You agree that doctors performing Video Consultations may prescribe allowed medications if in the doctors' judgement it is in the users' best interests and medically appropriate to do so.
7.3 You should ensure that:
any information you provide us or doctors through the Video Consultation service is accurate;
you follow any instructions you are given by the doctors;
you follow any instructions about the use of any medications or healthcare products to be prescribed or suggested by your doctors;
you keep any medications provided to you secure and do not permit any other people (especially children) to use them;
you inform your doctor about your medical history, any drug allergy and any unexpected or adverse effects of treatments suggested;
you inform us if any information about you needs to be updated;
you use the Video Consultation service only for yourself; and
you agree not to use the Video Consultation service excessively or inappropriately, including but not limited to the following: booking a Video Consultation appointment before receiving a medical summary note from the doctor of the previous Video Consultation, initiating multiple consultations for the same issue without a valid medical reason, or any other conduct considered by us or doctors to be excessive or inappropriate.
8 Not for emergencies
Please note that the use of the Video Consultation service is not for medical emergencies or urgent medical situations. If you require urgent advice or treatment, you should contact the emergency services immediately.
9 Provision of Services to Adults
9.1 The Video Consultation service is for use by adults over the age of 18.
9.2 The Video Consultation service may be suspended and your account may be closed if we suspect that the terms in this section are breached.
10 Doctors' Availability
We will try to arrange a video consultation with a doctor as soon as possible, but we are unable to guarantee the availability of any particular doctor at a specific time.
11 Cancellation of appointments
11.1 You may cancel your Video Consultation appointment any time before the scheduled appointment ("Cancellation Period").
11.2 If after the cancellation, you still proceed to use the Video Consultation service within the Cancellation Period and you subsequently deregister from [Mobile App] within that Cancellation Period, we may deduct the amount of any refund to recover the cost of services performed.
12 Disclaimers and Limitation of Liability
12.1 Whilst we have endeavored to provide the information, features or other content in the Video Consultation function current as at the date of publication and accurate, they are provided without warranties or representation of any kind (express or implied). In particular, no warranty or representation, express or implied, regarding accuracy, adequacy, completeness, timeliness, non-infringement, reliability, freedom from malware, security, merchantability or fitness for a particular purpose, that information, materials or service through the [Mobile App] are appropriate or available for use is given in conjunction with such information, material or service. You agree that your use of the Video Consultation service is entirely at your own risk.
12.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATG EXCLUDES All LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM OR ARISING OUT OF YOUR USE, OR THE INABILITY TO USE THE VIDEO CONSULTATION SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT ATG IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OCCURRING IN OR THROUGH THE VIDEO CONSULTATION SERVICE.
12.3 Without limiting to any other provision of these Terms and Conditions, to the extent that any liability cannot be excluded, the entire liability of ATG is limited to the re-supply of the unsatisfactory services provided herein.
13 Intellectual Property
All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed in or available through Video Consultation service (collectively the "Content") are our properties and/or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. We and/or our licensors own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may only download and print the Content for the use specified herein or for your personal and non-commercial use. You have no rights in or to the Content. Except as expressly provided herein, you shall not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part without our written authorization.
We may terminate your access to and use of all or part of the Video Consultation service with or without notice to you.
15 Technical Requirements
15.1. The Video Consultation service is accessed using the internet, data networks and devices which can access the internet ("Infrastructure"). ATG is not responsible or liable for the Infrastructure themselves. When using the Video Consultation service, you should check that you have a device that can access the internet and there is sufficient and stable internet connection.
15.2. If you are using a wireless network to use the Video Consultation service, it is recommended that you should avoid using public Wi-Fi facilities and that the wireless network should be secured with WPA-2 security. It is recommended that the device that you use the Video Consultation service on should be protected with password and set to lock after a short period of inactivity.
15.3. Updates to the [Mobile App] may be available from time to time. It is recommended that the latest versions of the [Mobile App] should be used at all times. Subject to the update, the Video Consultation service may not be available until you have downloaded the latest version of [the Mobile App] and/or relevant software and accepted the latest terms and conditions.
15.4. We may suspend the Video Consultation service if the Infrastructure is affected by technical or security threats to ensure they are well-functioned and secured. These suspensions will be minimized, but if they occur, you may cancel your appointment with us.
16 Law & Jurisdiction
16.1 The Video Consultation service is provided for use within the jurisdiction of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Access to, or use of, the Video Consultation service or information, materials, products and/or services in the Video Consultation service may be prohibited by law in certain countries or jurisdictions. We make no representation that the information contained herein is appropriate or available for use in other locations.
16.2 These Terms and Conditions and all matters relating to your access to, and use of information in the Video Consultation service shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
17 General Provisions
17.1 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
17.2 Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms and Conditions or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
17.3 Notices served in relation to these Terms and Conditions shall be in writing and may be served by post or e-mail.
18 Contacting us
If you have any questions regarding these Terms and Conditions or any other consumer or technical matters, you may contact us by calling our ATG Video Consultation Hotline at 2122-9556. We will endeavor to respond promptly to all communications.
The original English version of these Terms and Conditions has been translated into Chinese. In the event of a dispute about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and the Chinese version of these Terms and Conditions, the English version shall prevail.
Last update: 31 December 2021