WEBSITE TERMS AND CONDITIONS:
1. HYY(BVI) Ltd & Integrated Chinese Herbal Nutraceuticals Co Ltd. and any or all of its subsidiaries are hereafter referred to as “hyy.com.hk”.
2. The contents of this website are for reference, information and sourcing purposes only in respect of goods and services in the medical and healthcare field, and it is not intended to form a consultation or replace or supplement the advice of your family doctor. If you (“User”) need someone to provide a cure for illness or any other ailment, you are advised to seek advice from your family doctors.
3. We have tried our best to provide accurate and educational information on this website, but we cannot guarantee the accuracy or suitability of any of the information on the website. We reserve the right to amend any contents on this website without notice. Further, we take no responsibility for the accuracy or suitability of any information available on this site, nor that of the products available for purchase, and Users are advised to satisfy themselves in respect of such matters.
4. “User” shall mean any person (legal or natural) who participates in any way in the website, in whatever capacity. This website is only available for use to persons over the age of eighteen (18) years of age. “Participation” in this website includes, but is not limited to, accessing the website or being the producer, provider or recipient of information, goods or services of or from the website, whether or not actual access was made.
ACCEPTANCE OF THE TERMS AND CONDITION
5. Use of the website by the User constitutes acceptance of these terms and conditions, which hyy.com.hk may, at its absolute discretion, amend from time to time by publishing notices on the website to inform Users thereof.
6. The amended terms and conditions shall become effective immediately after the relevant notice has been published on the website. It is the Users’ responsibility to read thoroughly and carefully the website for any such notices.
GOODS AND SERVICES ON OUR WEBSITE
7. Our website is intended to be a medium for integrating medical services and e-commerce facilities in the field of healthcare, linking pharmaceutical companies, credit card companies and medical and health consumers for the purpose of information exchange and providing access to products and services.
8. The website may contain information and advices given by third parties on particular subject matters. The views expressed on the website are the views of those persons who have contributed to it and do not constitute the views or expressions of hyy.com.hk. We cannot and do not try to control all the information that may be available on the website. It is possible that information on the website may be offensive, harmful or inaccurate, but hyy.com.hk cannot be responsible for such matters. It is the responsibility of each User to evaluate the accuracy, completeness, and usefulness of any information made available through this website, and to consult with their medical practitioner in all cases, in order to obtain proper medical care.
9. Products can be purchased from the website. Our services enable potential buyers and sellers to locate one another, and we provide a gateway through which such buyers and sellers can complete a transaction. We have no control over the quality, safety or legality of any third party products and/or services advertised for sale, nor the truth or accuracy of any statement made by sellers in respect of their products and/or services. We cannot ensure that a buyer or seller will actually complete a transaction, and we cannot guarantee the quality or fitness for purpose of any of such products or services. You will be solely responsible for any damage that results from any such goods or services.
10. Aside from providing the financial means for Users to perform buy and sell transactions hyy.com.hk is not involved in buyer and seller dealings or disputes arising between them. You release us from any and all claims, demands and damages of any kind and nature arising out of or in any way connected with your dealings and disputes with any third party and vendor listed on the website.
11. In respect of “hyy.com.hk” branded products and any other products that may be purchased on the website, such products are also purchased by you at your own risk. hyy.com.hk cannot be responsible for any damage or suffering caused to you should such products not be suitable for you or if they result in any allegic or other reaction. Users acknowledge that our products are purchased without our having knowledge or understanding of any ailment with which you may be suffering.
12. Our website may provide a “Forum” section, whereby Users can submit questions to the website and which may be answered by individuals believed to be knowledgeable in the field. The answers provided to Users represent the views of the third party concerned and are for information and guidance purposes only; and they do not constitute the views or expressions of the operators of hyy.com.hk and are not intended to form a consultation or replace and/or supplement the advice of your family doctor. hyy.com.hk will not be responsible for any responses, nor the consequences of any responses, given in the Q&A section, and Users are advised to exercise judgement, and seek proper medical advice from their family doctor or pharmacist.
13. The website may include an open forum “Forum” facility, whereby Users can conduct “live” on-line exchanges with other Users of the website. hyy.com.hk has no control whatsoever over the identity of any person entering and participating, viewing and/or contributing to the chat room, and accepts no responsibility for the operation of the chat room.
14. You acknowledge that if you provide another User or any third party with any visual or written material or any information whatsoever, that reveals any personal information about you, you assume all the associated risks with such disclosure.
15. Users shall be responsible for all the information they provide to the website. hyy.com.hk takes no responsibility to monitor or control any content on the website and is therefore not responsible in anyway whatsoever for such information provided by Users or third parties on the website.
16. hyy.com.hk reserves the right to remove any information appearing on the website in its absolute discretion without any prior notice to the Users responsible for such information.
17. As a User you agree that information provided by you to the website shall not (a) violate any applicable laws, ordinances, rules or regulations; (b) infringe on the interests of other parties, including but not limited to copyrights, patents, trade marks, trade secrets, other property rights or rights of publication or privacy; (c) contain any elements of obscenity, indecency or blasphemy; nor (d) be involved with any fraudulent act.
18. hyy.com.hk expressly disclaim all warranties, whether express or implied, of whatever nature, in so far as the same is permitted by law. Users are solely responsible for any damages incurred due to their own act of negligence.
19. No advice or information or any other materials available from the website, whether oral or written, obtained by you from the website or through the services available on the website, shall create any warranty not expressly stated in this agreement.
INDEMNITY
20. You agree to indemnify, keep indemnify and hold harmless hyy.com.hk and our subsidiaries, affiliates, officers, directors, agents and employees from any action, claim or demand, including expenses and reasonable legal fees arising from any Users use, participation or involvement in the website, including (but not limited to) breach by you of Clause 17 above.
INTELLECTUAL PROPERTY RIGHTS
21. All intellectual property rights of whatever nature in respect of the name, domain name, function and operation of the website, and all information, data and any other content on the website is the property of hyy.com.hk and may be not copied, sold or otherwise exploited for any commercial purpose by any User.
22. All third party information on the website is the property of the respective copyright owners, and Users may not duplicate or distribute such information for commercial purposes.
23. Users agree to grant hyy.com.hk an irrevocable, perpetual, non-exclusive, royalty free license to exercise the User’s copyrights, trade marks or publication rights over the internet and/or in our publicity materials, in relation to the information provided by Users to the website, which may then be used by Healthcom2U.com for operating the website and for advertisement purposes, without prejudice to the interest of any User concerned.
USE OF YOUR PERSONAL INFORMATION
24. Information collected by us from you will be stored by us for our own internal purposes, and may be analysed statistically for our internal purposes. In addition, unless you inform us of any objections, information provided by you may be disclosed to third parties. Such disclosure of information will not be personally identifiable to you, but will be combined in aggregate for advertisers and for other marketing and promotional purposes. Credit card and bank account numbers will not be disclosed.
25. Upon written request, we will confirm the personal information that we currently have on you, and upon written request any such information can be changed.
CONDUCTING TRANSACTIONS AND PAYMENT
26. At the time of ordering products on the website, you are obliged to provide your credit card details in order that payment can be recovered by hyy.com.hk prior to dispatching any goods ordered. Whilst hyy.com.hk has taken all reasonable steps to ensure the safety and security of your financial/credit information, we will not be responsible for any losses suffered by you as a result of the misappropriation or unauthorized use of your financial/credit information.
27. If a User wishes to purchase goods on the website, the User is required to submit an Order for the goods by completing an Order form with all of the required information. By submitting an Order to the website, the User represents and warrants to us and to the vendor that they have the right and ability to purchase the goods, and that the Order and all information contained therein is accurate, current and complete and is not misleading or otherwise deceptive.
28. hyy.com.hk shall be entitled to claim payment from the User’s credit card in the amount comprising of the total value of the goods ordered, and any additional charges that fall due in respect of the Order or Shipment thereof. Order cancellations are not accepted after payment has been processed.
29. All Orders are subject to availability and change, and any products may be withdrawn without prior notice. hyy.com.hk or applicable vendors will do their best to deliver any products ordered within a reasonable time. However, we will not be liable for any losses of whatever nature arising from delays, non-delivery, misdelivery or services interruptions caused by us, any third party acts or any other web host provider or the internet infrastructure and network external to the website. If you have any queries regarding an order or delivery, please e-mail us at [email protected].
30. If any provisions of this agreement is held unenforceable, the unenforceable provision will be construed in accordance with the applicable law as nearly as possible to reflect our intent, and all of the provisions will remain in full force and effect.
31. These terms and conditions are available in English and Chinese. In the event there is any conflict or inconsistency between the English and the Chinese version, the English shall prevail.
32. These terms and conditions are governed by the laws of the Hong Kong Special Administrative Region of the People Republic of China and the parties agree to submit to the jurisdiction of the courts of the Hong Kong Special Administrative Region of the People Republic of China.
GENERAL
All the Products sold by The hyy.com.hk through this site (the “Site”) are sold subject to these Terms and Conditions (“TOC”). By submitting your order for processing in The hyy.com.hk you confirm and affirm that you have read, understood and agreed to the TOC in the form in which they appear at the time your order is submitted for processing.
The TOC shall be read in conjunction with the Buyer’s Guide, Disclaimer and the Personal Data & Privacy Statement. They shall constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by The hyy.com.hk of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent breach or default. If any provision of these TOC shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOC and shall not affect the validity and enforceability of any other provisions of the TOC. The headings and captions in these TOC are intended for convenience only and shall in no way affect the interpretation of the TOC.
You shall provide The hyy.com.hk with complete and updated information which shall include (but shall not be limited to) your name, home address, telephone numbers, email address and credit card number.
You shall provide The hyy.com.hk with an accurate and complete credit card number and its expiration date and represent and warrant to The hyy.com.hk that the use of the credit card the details of which have been supplied, is authorized and legal. The hyy.com.hk does not guarantee, warrant or endorse any product (“Product”) or service sold by a merchant in the Site, nor does The hyy.com.hk have any liability responsibility for the quality or performance of any Product or service sold to you by any merchant. The purchase of any Product or service from a merchant at the Site is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such Product or service should be addressed directly to the responsible merchant. The hyy.com.hk has no responsibility or liability for any merchant or your relationship with such merchant.
INDEMNITY
You shall be liable for every order made under your login name and agree to indemnify The hyy.com.hk for all claims, damages whatsoever arising from the actions of a person placing orders for the Products using your login. You shall be responsible for updating your personal information including your credit card information. You shall be responsible for notifying your bank of any changes to your billing address or other information or loss, theft or unauthorized use of your credit card.
TERMINATION
The hyy.com.hk has the absolute discretion to refuse the potential customer for any reason whatsoever and to terminate your purchase order for any reason whatsoever.
The hyy.com.hk shall make reasonable effort to fulfill orders placed by you through the Site, but The hyy.com.hk shall not be liable to any person if The hyy.com.hk declines to fulfill an order for whatever reason, or if The hyy.com.hk is unable to supply an order because of an unforeseen change to the Products (as the case may be), or the unavailability of the Products.
The hyy.com.hk reserves the right to decline any order it may, in its opinion, consider unreliable upon having checked the payment details submitted for that particular order.
The receipt by you of an order confirmation does not constitute The hyy.com.hk’s acceptance of an order. Prior to The hyy.com.hk’s acceptance of an order, verification of information may be required. The hyy.com.hk reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The hyy.com.hk, for any reason. The hyy.com.hk reserves the right to limit the order quantity on any item and refuse service to you without prior notification.
PRICE
The prices, descriptions, details and sizes of any Product detailed on the site are provided by individual merchants and do not imply endorsement of them, or constitute a representation or warranty by The hyy.com.hk. The hyy.com.hk reserves the right to vary the price and other details of the Products without prior notice. The price of the Products is subject to price fluctuation and is offered for guidance only.¡@Discrepancies between the on-line bill and the final bill may be due to daily price changes. The hyy.com.hk reserves the right to adjust the final bill and such adjustments shall be marked on the final bill presented to you at the time of delivery. The hyy.com.hk may from time to time set credit limits for you and The hyy.com.hk reserves the right to limit sales by you including the right to prohibit sales to re-sellers.
PAYMENT
Payment for any Product ordered through The hyy.com.hk can be made by advance payment through credit card or cash on delivery. In all circumstances, you have to provide credit card information for payment or order fulfillment guarantee.
The hyy.com.hk may change at any time the method by which payments for The hyy.com.hk on-line orders may be effected and such changes may be notified to by placing a notice to that effect on the The hyy.com.hk.
DELIVERY
The hyy.com.hk shall not be responsible for the delivery of any Product. The hyy.com.hk shall not liable for any delays in its delivery services. The hyy.com.hk reserves the right to withhold delivery of any Product to you if it has any doubts whatsoever as to your credit worthiness.
VARIATION / CANCELLATION OF ORDER
Once the order is confirmed, you cannot cancel or modify the order. If you refuse to fulfill the order, Data Model Technology has the right to charge HK$500 through the credit card provided by you.
RETURNS OF PRODUCTS
Not all pictures of the Products on this site will correspond exactly to their descriptions. In such cases the written description of a Product is more accurate. You shall not be entitled to return a Product simply because it does not correspond exactly to its on-line picture.
If any Product which was not included in your order is delivered to you by mistake, The hyy.com.hk reserves the right to collect the wrong Product. No refund will be granted after the order is confirmed.
WARRANTIES
No agent or representative of The hyy.com.hk is authorized to make any warranties, representations or statements regarding the Products and The hyy.com.hk shall not in any way be bound by any such unauthorized warranties, representations or statements.
LIABILITY
To the maximum extent permitted by law, The hyy.com.hk expressly disclaims all warranties, express or implied, with respect to merchantability, fitness for a particular purpose, any implied warranties arising from course of performance or course of conduct in relation to the Products.
Under no circumstances shall The hyy.com.hk, its supplier or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the site, even if The hyy.com.hk is expressly advised of the possibility of such damages. In no event shall The hyy.com.hk’s liability exceed the price you paid for the Product. You shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. You expressly acknowledge and agree that The hyy.com.hk assumes no obligation or liability for any advice or information given with the Products and The hyy.com.hk shall not be responsible for any inaccuracy or misstatement of any such information. The Products shall be accepted by you entirely at your own risk.
INTELLECTUAL PROPERTY
The contents of the Site, such as text, graphics, image, music, logos, button icons, links, HTML code, trademarks, software and other material (collectively, the “Materials”) and the compilation (meaning the collection, arrangement and assembly) of all Materials on the Site are protected under copyright, trademark and other applicable laws. All Materials and compilation thereof is the exclusively property of the The hyy.com.hk [or its content suppliers or clients]. You and on-line visitors are prohibited from using the trademarks, logos and service marks displayed on the Site without the prior written permission of The hyy.com.hk or such other parties.
FORCE MAJEURE
If the performance by The hyy.com.hk of its obligations under TOC is prevented or delayed by any act beyond its reasonable control including but not limited to acts or omissions occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of the Government of the Hong Kong Special Administrative Region (“Hong Kong”) or of any of its government agencies, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit or other failure of the Internet or other data networks, The hyy.com.hk shall not be liable for the non-performance or delay.
All matters and disputes related to these sales offers will be subject to the final decision of The hyy.com.hk.
GOVERNING LAW
The TOC shall be governed by and construed in accordance with the laws of Hong Kong.
JURISDICTION
You agree that any legal action or proceeding arising out of or relating to the TOC may be brought in the courts of Hong Kong and irrevocably submits to the non-exclusive jurisdiction of such courts.
INTELLECTUAL PROPERTY RIGHTS:
This site and any information available on it including, but not limited to, text, graphics, icons, images and trade marks, are protected by copyright, trade mark and other intellectual property rights owned or controlled by The hyy.com.hk. You may not copy, reproduce, republish, upload, download, post, transmit, store in retrieval system, modify, alter or display in public or distribute in any way the contents or any part of this site for any purpose without The hyy.com.hk’ prior written permission except that you may download materials displayed on the site for non-commercial, home personal use only as long as you keep all copyright, trade mark and other proprietary notices intact.
CONTENT
All reasonable efforts are made to ensure that the information provided on this site is correct and up-to-date. However, The hyy.com.hk disclaim all implied and/or express warranties and make no representation as to the accuracy or completeness of any information on the site. The hyy.com.hk’ take no responsibility and assume no liability for the content of the site or for anything posted on or linked to it, including without limitation any mistake, error, omission, infringement, defamation, falsehood, or other material or omission that might offend or otherwise give rise to any claim or complaint, (See also without limitation the words in capitals below).
LIMITATION OF LIABILITY
By accessing and using this site you acknowledge and accept that the use of the site is at your own risk, The hyy.com.hk shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the site. Without limiting the foregoing:
THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE, QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT. THE hyy.com.hk HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. THE hyy.com.hk ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION, SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS PEHAVIOUR, NEGLIGENCE OR, UNDER ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA, TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
LINKS
The site may contain links to other sites and pages which are not maintained or controlled by The hyy.com.hk and for which The hyy.com.hk are not responsible. When you activate any of these links or pages you leave the The hyy.com.hk site and access to such a site or page is at your own risk for which The hyy.com.hk disclaim all responsibility and liability.
MATERIALS PROVIDED BY WEB USERS
This site may contain the materials provided or posted by the web users, including but not limited to, all or part of infoline, netbudsman, chat room and forum. The hyy.com.hk has not edited or reviewed any of the aforesaid materials. The hyy.com.hk does not guarantee their completeness or accuracy. The hyy.com.hk shall not be responsible and liable for any accident, negligence, breach of contract, defamation, the infringement of copyright or intellectual property as well as the losses (including any infection of computer virus when downloading) incurred thereof, arising from the materials provided or posted by web users. Unless stated otherwise, the materials contained in this web site shall not represent any view or opinion of The hyy.com.hk.
CHANGES
The hyy.com.hk reserve the right but undertake no duty to review or edit or otherwise change this site and any information contained on this site at its sole discretion and without prior notice.