These terms and conditions constitute a binding legal agreement (“this Agreement”). Please read through this Agreement before using this website/application and the related links contained herein (collectively, the “Platform”).
By accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Platform, and/or the services or functions offered in or by the Platform and/or contents of the Platform in any way, you have agreed to each and all of the terms and conditions set forth in this Agreement below, and waive any right to claim ambiguity or error in this Agreement. If you do not understand, accept or agree to terms and conditions in this Agreement, please do not use the Platform or download any information or materials from the Platform.
1. Use of Platform
- The Platform makes available information and services in relation to various testing services that are managed and/or provided by GemVCare Limited and/or its subsidiaries and affiliates (collectively, “we”, “us” or the “Group”) or by third parties. This Agreement governs your use of the Platform.
- You are only authorized to use the Platform to access, get information about, subscribe for and use the services provided by the Group and other related purposes and in the manner specified in this Agreement.
- You may not use the Platform in any manner that could damage, disable, overburden, or impair any of our services, or networks, or interfere with any other party’s use and enjoyment of the Platform. Except as expressly authorized by and subject to the terms and conditions of this Agreement, you may not attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to any server in relation to the Platform, through hacking, password mining or any other means.
2. General Provisions
- You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Platform and the services provided by the Group and your access to any information through the Platform.
- You shall not interfere with and disrupt the service provided by the Platform, or any servers or networks connected to the Platform, or any policies, requirements or regulations of networks connected to the Platform.
- If any provisions of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision.
- This Agreement is the entire agreement between you and us relating to the subject matter herein.
- No wavier of any term, provision or condition of this Agreement by us, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof.
3. Account Management
- You may become a registered user of the Platform by establishing an account (“Account”) through the Platform in accordance with the rules and regulations provided in this Agreement. You are solely responsible for maintaining the confidentiality and security of your Account and you agree to immediately notify GemVCare of any security breach of the Account. GemVCare shall not be held responsible for any losses arising out of the unauthorized use of the Account.
- You agree to provide the necessary, accurate and complete information when you register with, and as you use, the service provided by GemVCare, and you agree to update your registered information accurate and complete. You further agree that GemVCare may store and use your registration information to maintain your Account. You may not create an account for anyone other than yourself except with that person’s permission.
4. For Information Only
- Unless otherwise specified herein or in the specifications of individual services provided through the Platform, the Platform, the services and the materials on or through the Platform are provided by us for information purposes only, in no way that we are, by provision of these services or materials, considered as engaged in the rendering of legal or other professional advice or services to you. You should consult your own attorney or other appropriate professional for advice concerning the terms and conditions of this Agreement and/or compliance with any legal requirements.
5. Intellectual Property
- All materials and information contained in the Platform are owned by, and the property of, the Group and/or third party licensors. No material from the Platform may be copied, reproduced, uploaded, posted, transmitted or distributed in any way. In particular, the use or reproduction of any such material or information on any other website, internet, intranet, or computer environment is strictly prohibited.
- All intellectual property rights in relation to the Platform and the contents therein, wherever in the world subsisting, and whether registered or unregistered, are proprietary to us. You may print individual content from the Platform on paper (but not photocopy it) only for the purpose of making use of the Platform. You may not use or frame by means of any techniques or method to disclose any of our Intellectual Property or other proprietary information (including images, text, page layout, or form for any purpose) without our prior express consent.
- If you fail, or GemVCare reasonably suspects that you have failed, to comply with any of the provisions of this Agreement, GemVCare may immediately or any time thereafter, at its sole and absolute discretion, and without notice to you, terminate this Agreement and your Account and/or preclude your access to the Platform and/or the service provided by GemVCare.
7. No Warranty
- Whilst reasonable care has been taken in preparing the information and materials contained on the Platform, such information and materials are provided “as is” without warranty of any kind, either express or implied, and are subject to change without prior notice. You should consult professional advice when you want to make important medical decision as such advice would be more specific to your personal conditions and circumstances.
- We may from time to time make available to you the opportunities to purchase services from third party through the Platform. Where links to third party websites and applications are provided, it would be your sole responsibility to read the terms and conditions therein and we shall not make any warranty concerning or take any responsibility for the information and contents contained in those websites and applications. If you feel dissatisfied and/or suffer any losses or damages in relation to the use of those goods and services provided by third party, you shall only take action against and/or sought remedy from the third party provider but not GemVCare.
- No warranty regarding non-infringement, security, accuracy, completeness, merchantability, fitness for any purpose or freedom from computer viruses is given in connection with the information and materials contained in the Platform.
- We do not warrant that the Platform or any information or provided items contained in or services provided through the Platform will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the Platform, the information or provided items or the servers that make or serve the Platform are free of viruses or other harmful components or are accurate or complete. We do not warrant and have not made any representations regarding the use or the results of use of the information or provided items or otherwise whatsoever.
- Our General Disclaimer in relation to any data, information and result as from time to time adopted by us and notified you through the Platform or in other manner as we consider appropriate are deemed for all purposes to have fully incorporated in this Agreement as if they are verbatim copied and included herein.
- To the fullest extent permitted by the applicable law, we accept no liability for any loss or damage of any nature whatsoever and howsoever arising out of and in connection with your access, viewing, use, or the performance of, the Platform due to inaccuracy, error, omission or any other cause whatsoever.
- In the event of any loss or damages arising out of and in relation to the Platform or the information or provided items in or services provided through the Platform, our liability in respect of such loss or damages shall not exceed the price or any money paid by you to us under this Agreement in the three (3) months period preceding the first of these events giving rise to the claim or HKD5000, whichever is less. For the avoidance of doubts, in no event will our aggregate liability to you and/or any third party in connection with this Agreement exceed the cap set forth above, regardless of the form and theoretical basis of legal claim or action. We shall also not be held liable for any indirect, consequential, special, punitive, exemplary or reliance damages arising out of or in connection with this Agreement, or any damages arising out of any interruption or disruption in communications or services, unavailability of services, technical malfunction, lost data and lost profits.
- You hereby waive any and all rights to bring any claim or action related to such matters beyond ONE (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.
8. Wavier and Indemnity
- By using the services provided by the Platform, you agree to indemnify and hold GemVCare, its directors, officers and agents harmless with respect to any claims arising out of your use of the service and your breach to this Agreement. You are barred from suing or recovering any damages from GemVCare, its directors, officers and agents as a result of its decision to remove or refuse to possess any information or content, to warn you, to suspend or terminate your access to the Platform and/or any services provided through it, or to take any action during the investigation of a suspected violation or as a result of GemVCare reasonable suspicion that a violation has occurred.
- This Clause 8 applies to all violations described in, contemplated by, in relation or incidental to this Agreement.
9. Linked Websites
- The materials and contents available via the Platform may include materials from third party. You agree that GemVCare is not responsible for examining or evaluating the content or accuracy and GemVCare does not warrant or will not have any liability or responsibility for any third party materials or websites. You agree that you will not use any third party materials in a manner that would constitute an infringement or violation of the rights of any other party and that GemVCare is not in any way responsible for any such use by you.
- We are not responsible for the contents available on or the set-up of any other websites or resources linked to the Platform. Access to and use of such other websites or resources is entirely at your own risk and subject to any terms and conditions that may be applicable to such access/use. By providing hyperlinks to other websites or resources, we shall not be deemed to control, endorse, recommend, approve, guarantee or introduce any third parties or any of the contents, information, services/products they provide on or through such websites or resources, or have any form of cooperation with such third parties and websites.
- We reserve the right to from time to time remove and/or terminate any link or linking program at any time. Unless otherwise expressly specified or agreed to by us, we are not a party to any contractual arrangements entered into between you and the provider of any external website or resources. We are not responsible for any damages or losses (whether direct, indirect, special, consequential or incidental) caused by any interruptions, delays, defects, acts or omissions that may exist in the service, information, materials or other contents provided in any external website or resources.
- The Group may modify the content of the Platform and/or terms at any time, and such modification shall be effective immediately upon posting of the modified content and/or terms on the Platform and your continued use of or access to this Platform will be deemed to indicate your acceptance of the modified content and/or terms.
11. Message, Internet and Downloading
- We are not responsible for any damages incurred by you (any other users of the Platform) if you send a message to us, or if we send a message to you at your request, over the Internet. We are not responsible in any way for any direct, indirect, special, consequential, incidental or other damages, losses or expenses arising out of or in connection with your use of the Platform or any information or provided items contained in or services provided through the Platform.
- Due to the nature of the Internet, communications or transactions may be subject to interruption, transmission blackout, delayed transmission and incorrect data transmission. We will not be liable for malfunctions, interruption or unavailability in communications facilities not under our control that may affect the accuracy or timeliness of communications between you (and any other users of the Platform) and us.
- We do not represent or warrant that the Platform will be available and meet with your requirements, or that access will not be interrupted, or that there will be no delays, failures, errors or omissions or loss of transmitted data or information, or that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have the sole responsibility for ensuring adequate protection to your computer system and back-up of data, information and/or equipment and for undertaking appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties as regards the accuracy, functionality or performance of any third party software that may be used in connection with the Platform. In no event shall we be liable or have any responsibility for damages, losses or expenses of any kind, whether direct, indirect, special, consequential or incidental, resulting from access or use of, or inability to access or use, the Platform.
12. Language Versions
- In case of discrepancies between the English and Chinese versions of the Platform, the English version shall apply and prevail.
13. Law and Jurisdiction
- This Agreement and the relationship between you (and any user of the Platform) and us shall be governed by the laws of Hong Kong Special Administrative Region and you agree to submit to the exclusive jurisdiction of the Hong Kong courts for all matters in relation to this Agreement and the Platform.