(A) Acceptance of Terms
For the use by any users (“you”, “your”, “customer(s)”) of this website (the “Website”) and our products and services (“Products & Services”; individually “Products” and “Services”), Vincent Medical Holdings Limited (the “Company”, also “we”, “us” and “our”) and/or our group of companies (“Group”, including the Company, its affiliates, subsidiaries and associated entities) are subject to the terms and conditions as set out in these Terms & Conditions (“T&C“). All the terms and conditions of our and our privacy statement (“Privacy Statement”) and disclaimer (the “Disclaimer”) shall be incorporated by reference into this T&C hereunder. Please read the terms and conditions in this T&C carefully before accessing, using or browsing this Website or any of its content. By accessing, browsing or using this Website or any of its content, you, on behalf of yourself or your entity, as applicable, acknowledge that:-
- You have read and understand all of the terms and conditions under this T&C;
- You agree to be bound by all of such terms and conditions; and
- These terms and conditions are the legal equivalent of a signed, written contract between you and us.
(B) Waiver of Proprietary Rights
You understand that during the course of the access or use of our Products and Services, you acquire no rights in any research or commercial products that may be developed or patented (or registered in any competent intellectually property authority in any jurisdiction around the world) by us or our collaborating partners. You acknowledge that additional rights and restriction shall apply in individual agreements for our products or services.
(C) User or Customer Conduct – Unlawful and Prohibited Use
- As a condition of your use of our Products and Services, you warrant that you will not use the information therein for any purpose that is unlawful or prohibited by this T&C, laws and regulations. You may not use such information in any manner that could damage, disable, overburden, or impair us, our Products and Services, or interfere with any other party’s use and enjoyment of our Products and Services. In particular, you must not do any actions, or cause to do any actions, that (1) are in any form of discrimination, defamation, derogatory, obscene, offensive, harassment or disparagement of any persons or entities based on race, color, national, origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) disguise the origin of any content transmitted through our Products and Services; (3) are for sales and marketing purpose without our written consent and authorization; (4) cause harms, damages, disruptions, and security defects to hardware and software in relation to our Products and Services, including the server and the Website appearance etc.(5) violate any of the terms and conditions in this T&C, any code of conduct or other guidelines which may be applicable for any particular area of our Products and Services; (6) intentionally or unintentionally violate any applicable law and regulations, including but not limited to those in Hong Kong, or in any country which the user resides, or in any country which such data and information will be transmitted to and be used, in any fields, in particular, electronic data transmission and controls, privacy, intellectual property, law of tort and import/ export controls.
- You acknowledge and agree that you are solely responsible for any breach of your obligations under the T&C and for the consequences to us and any third parties of any such breach. In case of breach of any one of these terms, or where we have reasonable ground to suspect that you have violated the terms of this T&C, we reserve the right to refuse any or all the current or future access or use of our Products and Services (or any part thereof) and you will defend and indemnify us and our affiliates against any liability, costs, or damages arising out of the breach of this T&C.
(D) Export Control and Applicable Laws and Regulations
- Our Products and Services are subject to Hong Kong and international export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations. Recognizing the global nature of the Internet, you agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content.
- Our Website is not intentionally designed for or directed at minors under the age of 18. Similarly, our Account, Products and Services are not intentionally designed for or directed at minors under the age of 18 unless we otherwise specify in writing. The use of our Website, Account and Products and Services by minors is subject to the consent of their parent or guardian. We advise parents who permit their children to use our Website, Account and Products and Services that it is important for them to communicate with their children about their safety online. Minors who are using our Website, Account and Products and Services should be made aware of the potential risks to them and of their obligation to comply with these T&C.
(G) Modifications to the information of the Products and Services
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the provision of our Products and Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Products and Services.
- The Website that you access or use may from time to time automatically prompt you to download and install updates from us. These updates are designed to improve, enhance, and further develop our Products and Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit our delivery of such to you) as part of your use of the Website.
(H) Proprietary Rights
- You acknowledge and agree that we (or our Group company, and other relevant licensors, as applicable) own all legal right, title, and interest in and to our Products and Services (“Trademarks”) or any other intellectual property rights (including but not limited to patents, design and copyrights) which subsists in the Website (whether such rights happen to be registered or not, and wherever in the world those rights may exist). You shall not perform any acts which would cause infringement of such proprietary rights.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website. Unless otherwise with our written consent, you shall not use the Trademark or any trade mark, service mark, trade name, logo of any company or organization appeared in our Products and Services. Furthermore, your use must not be in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- You acknowledge and agree that further terms on proprietary rights may be subsisted, added, or modified in the future, through the Website.
- We may make changes to this T&C from time to time. When these changes are made, we shall make a new copy of the T&C available on the Website and any new additional terms will be made available to you through the Website. Your continued use of our Website shall be indicated as your consent to the update of our T&C.
- You acknowledge and agree that if you access the Website, or if you use Products and Services, after the date on which this T&C have changed, we will treat your continued use as acceptance of the updated T&C. If you do not want to agree to changes to this T&C, you shall not access the Website or use Products and Services.
- You use of our Products and Services in certain countries or territories may be subject to restrictions or prohibitions. You shall use our products and services in strict compliance of the applicable laws and regulations in those jurisdictions.
- Each of the terms of this T&C is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
- Subject to the applicable laws of evidence, each party agrees not to object to the admission of the records (including computer and electronic records) of the other as evidence in legal proceedings.
- No person other than you and us will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms and Conditions.
- The English version of this T&C shall prevail if there is a difference between the English version and the Chinese version.
(K) Law and Proceedings
The Products and Services and this T&C are governed by and construed in accordance with the laws of Hong Kong. All parties agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong. This T&C may be enforced in the courts of any competent jurisdiction.
If you have further enquiry, please call our customer hotline on 852 2365 5688 during office hours (Monday to Friday, 9 am to 5:30 pm, excluding public holidays).