Quality HealthCare Medical Centre Limited
Terms and Conditions
Welcome to the website of the Quality HealthCare Group. The terms "we", "us", "our" and "ours" when used in these Terms and Conditions mean Quality HealthCare Medical Centre 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 our website.
References to "Quality HealthCare Group" or "our Group" in these Terms and Conditions mean Quality HealthCare Medical Centre Limited ("QHMC") and its holding company, subsidiaries, affiliate and related companies.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.
1. Agreement
1.1 By accessing our website, you agree to be bound by these Terms and Conditions. You also acknowledge that you have read and understood the terms of our Group's Privacy Policy Statement and that you agree with it. The Privacy Policy Statement is hereby incorporated into and made part of these Terms and Conditions. Access to and use of our website and the information, materials, products and services available through our website are subject to all applicable laws and regulations and to these Terms and Conditions.
1.2 Note that special terms and conditions apply to products and/or services accessible on our website. These terms and conditions are posted in connection with the applicable products and/or service. Any such terms and conditions are in addition to these Terms and Conditions, and in case of a conflict, prevail over these Terms and Conditions.
1.3 These Terms and Conditions, our Group's Privacy Policy Statement and the special terms and conditions which are hereby incorporated as if set forth fully herein, represent the complete agreement between you and us concerning your use of our website.
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 on our website, and you should always review these Terms and Conditions prior to using our website to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access our website. 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 or facsimile upon request. You will be legally bound by the updated or amended Terms and Conditions from the first time that you use our website after we put the changes on-line.
1.5 Note that nothing on our website constitutes an invitation or offer by QHMC or any of its subsidiaries to invest or deal in securities or shall be relied upon in connection with any investment decision.
2. Registered User's Account
2.1 If you are a registered user of our website, you may login your registered user’s account ("Registered User's Account") and access the relevant web pages and functions on our website with the designated login name and password provided to you by us.
2.2 As your login name and password are the means by which we identify you and by which you may access your Registered User's Account on our website, you should keep them secure. You are fully responsible for all activities that occur under your login name and password, whether by you or by anyone else using your identity. You agree to notify us immediately if you suspect that your login name and password have been used by a third party.
3. Data Privacy
Any personal data (as defined in our Group's Privacy Policy Statement) you supply to us when you use our website will be used in accordance with our Group's Privacy Policy Statement.
4. Your Obligations
4.1 You agree to use our website for personal and non-commercial use only and shall not post or transmit through our website and application 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 through our website 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 Registered User's Account or to observe and record your access to and use of our website to determine if you are complying with these Terms and Conditions.
4.2 You agree to comply with all applicable laws, statutes, ordinances and regulations ("Applicable Laws") regarding your use of our website. You recognise 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.
4.3 You agree that you shall at all times provide true and accurate details in all registration/application/enquiry forms/ bookings you submitted to us on our website.
4.4 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 our website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.
5. Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, our website 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 our website or any part thereof.
6. Links to Third Party Websites
We may provide links to other sites or resources maintained by unrelated companies and persons ("Linked Site(s)") on our website. 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.
7. No Medical or Healthcare Advice
Any medical or healthcare information provided by us on our website is for reference or educational purposes only and we do not warrant that such information will meet your health or medical requirements. Furthermore, our website are NOT intended for use in diagnosing and / or treating medical or health conditions, and are NOT substitutes for qualified professional medical or healthcare advice and / or consultations with qualified medical practitioners and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.
8. Not for emergencies
The use of our website is not for medical emergencies or urgent medical situations. Clients requiring urgent advice or treatment should contact the emergency services immediately.
9. Medical Service(s) and Product(s)
9.1 Any and all the medical service(s) and product(s) for sale on our website (the “Medical Service(s)” and the “Product(s)” respectively) are subject to these Terms and Conditions and the special terms and conditions (where applicable). By submitting your order for processing at our website, you confirm that you agree to the Terms and Conditions prevalent at the time when you submit your order for processing, and the special terms and conditions (where applicable).
9.2 We shall endeavour to fulfil orders placed by you through our website, but shall not be liable to any person if we shall decline or become unable to fulfil an order for whatever reason, including but not limited to supply shortage or supply modification.
9.3 Notwithstanding Clause 9.2, we reserve the right to reject any order we may, in our sole discretion, consider unreliable for credit reason or otherwise.
9.4 The “Price(s)” of the Medical Service(s) and the Product(s) shall mean their price on the day of order. The Price(s) and other details of the Medical Service(s) and the Product(s) displayed on our website are for reference only. We shall make every effort to ensure that the Price(s) and other details of the Medical Service(s) and the Product(s) are up-to-date. However, we also reserve the right to vary, alter or modify the Price(s) and other details of the Medical Service(s) and the Product(s) any time without prior notice.
9.5 We may from time to time and at our absolute discretion set credit limits for you and/or limit sales to you.
9.6 All the Medical Service(s) and the Product(s) are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
9.7 We are not the manufacturer of the Product(s). As such, we shall not be responsible or liable for any infringement, misappropriation or violation of another’s rights, including but not limited to intellectual property rights, in relation to the Product(s).
10.Payment for the Medical Service(s) and the Product(s)
10.1 You shall pay for the Medical Service(s) and the Product(s) when you place the orders through our website (whether by credit card, debit card or other means, for the purpose of payment).
10.2 We may change at any time the method by which payments for the Medical Service(s) and the Product(s) may be effected and such changes may be notified to you by e-mail, mailshots or by notice shown on our website.
11. Payment for Physical Check-up and Vaccination(s) Service
11.1 Once you have paid for the physical check-up and/or vaccination service when you make a booking through our website (whether by credit card, debit card or other means, for the purpose of payment) (the “Payment”), no amendment or cancellation of the physical check-up and/or vaccination(s) service is allowed. Subject to Clause 11.2, the Payment is non-transferable and non-refundable.
11.2 If the Quality HealthCare Group doctor is of the opinion that you are not suitable for the physical check-up and/or vaccination(s) service that you have paid for under Clause 11.1, we shall refund to you the Payment in due course via the same means you have used to make the Payment.
12. Product Pick-up Service
12.1 We shall use reasonable endeavours to prepare the Product(s) for pick-up at one of our centres within the time slots assigned by us but we shall not be liable for any delays for causes beyond our control.
12.2 The pick-up time shall fall between the opening hours of the pick-up location.
12.3 Pick-up services shall not be available on Sundays or public holidays or when typhoon signal No. 8 or the black rainstorm signal is hoisted, or there is such other weather condition whereby centre operation is considered unsafe.
12.4 You shall pick-up the Product(s) within the time slots assigned by us. Otherwise we reserve the right to cancel the order. Exception applies when the ordered Product(s) are out of stock.
12.5 You shall pick-up the Product(s) in accordance with the instructions on our website as well as the instructions of our staff at the pick-up location. Otherwise, we shall decline you from picking up the Product(s).
12.6 We reserve the right to decline you from picking-up the Product(s) at our sole discretion.
13. Title of the Product(s)
13.1 All risks in the Product(s) shall pass to you upon pick-up but we shall retain title in the Product(s) until full payment has been received.
14. Return and Refund of the Product(s)
14.1 Images of the Product(s) on our website may not correspond exactly to Product description and are for reference only. You shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on our website.
14.2 We shall assume no obligation or liability for any advice or information provided with the Product(s) displayed on our website and shall not be responsible for any inaccuracy or misstatement of any such information.
14.3 We shall use reasonable efforts to ensure that your order is correctly fulfilled and shall deal with any discrepancies in the following manner, provided they are reported to us within 7 days of pick-up via e-mail to info@qhms.com or hotline 8102 8068:-
a. If any Product proves to have been provided for pick-up in a damaged condition, past its sell by date, omitted in the pick-up, or if the wrong Product(s) is provided for pick-up, we shall either refund to you the Price of that Product(s), or replace the Product(s).
b. If any Product which was not included in your order is provided for pick-up by mistake, we reserve the right to collect the wrong Product delivered.
c. If you are charged more than the Price of a Product, we shall refund to you the difference.
14.4 Our liability to any Product delivered is limited to refund or replacement specified in Clause 14.3. All other remedies are excluded.
14.5 In case of dispute, we reserve the right of final decision.
15. Disclaimers and Limitation of Liability
15.1 Our website provides general information about the Quality HealthCare Group and its various services and activities. Whilst we have endeavoured to provide such information, features or other content on our website 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 materials on our website are appropriate or available for use in any other jurisdictions is given in conjunction with such information, material or service. You agree that your use of our website is entirely at your own risk and it is your responsibility to evaluate the accuracy and completeness of all information, statements, opinions and other material on our website or any Linked Sites.
15.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE QUALITY HEALTHCARE GROUP 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 OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT THE QUALITY HEALTHCARE GROUP 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 ON OR THROUGH OUR WEBSITE.
15.3 Without limiting to any other provision of these Terms and Conditions, to the extent that any liability cannot be excluded, the entire liability of the Quality HealthCare Group is limited to the re-supply of the unsatisfactory products and/or services provided herein.
15.4 Nothing in these Terms and Conditions shall exclude or limit the liability of the Quality HealthCare Group for:-
- death or personal injury caused by negligence;
- fraud;
- misrepresentation as to a fundamental matter; and
- any liability which cannot be excluded or limited under Applicable Law.
16. Intellectual Property
All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through our website and Mobile App (collectively the "Content") are our properties 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 may 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.
17. Termination
We may terminate your access to and use of all or part of our website with or without notice to you.
18. Law & Jurisdiction
18.1 Our website is controlled by Quality HealthCare Group from its offices in the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Access to, or use of, our website or information, materials, products and/or services on our website 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.
18.2 These Terms and Conditions and all matters relating to your access to, and use of information on our website shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
19. General Provisions
19.1 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.
19.2 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.
19.3 Notices served in relation to these Terms and Conditions shall be in writing and may be served by post or e-mail.
19.4 In these Terms and Conditions, unless the context otherwise requires:-
- the heading used in these Terms and Conditions are for convenience only and shall not in any way affect the construction or interpretation hereof;
- words and expressions importing the singular include the plural and vice versa;
- words and expressions importing one gender include both genders and the neuter; and
- references to paragraphs, are references to paragraphs in these Terms and Conditions.
20. Contacting us
If you have any questions regarding these Terms and Conditions or any other consumer or technical matters, you may contact us by writing to Quality HealthCare Group, 6/F, Tower 1, The Quayside, 77 Hoi Bun Road, Kwun Tong, Kowloon, Hong Kong or by e-mailing us at info@qhms.com or by calling our Customer Service Hotline at 8301 8301. We will endeavour to respond promptly to all communications.
21. Language
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.