Terms and conditions

PLEASE READ THE TERMS AND CONDITIONS SET FORTH BELOW, AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.

PART A

1. Definitions

  1. 1.1 Capitalised terms used in these Terms shall have the following meanings:

    "Disabling Code" means any virus, "back door", "time bomb", "logic bomb", "Trojan Horse", "worm", "drop dead device" or any other software, computer program or malicious code intended or designed to:
    1. (a) permit access to or use of our computer systems or the computer systems of any third party; or
    2. (b) disable, damage, corrupt, erase, interfere, monitor, intercept, copy, or disrupt or impair the normal operation of, our computer systems, the computer systems of any third party, the Website, or any associated data or information.
    "Hospital" means any of the public or private hospital in Hong Kong, including any healthcare professional that is an employee, contractor or consultant of such hospitals.
    "Hospital Advisor", "we", "us" or "our" means the HospitalAdvisor Limited, a company incorporated under the laws of Hong Kong with its registered office at 5F, Unit F-J, Blk 2, Kwai Tak Industrial Centre, 15-33 Kwai Tak Street, Hong Kong.
    "Hospital Advisor Indemnified Parties" has the meaning given in Clause 15.1.
    "Intellectual Property Rights" means any trademarks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, copyrights, design rights, database rights, rights in designs, inventions, semiconductor topography rights, know-how, trade secrets or any similar right exercisable in any part of the world, whether registered or not, and including any applications for the registration of any such rights.
    "Loss" or "Losses" means losses, liabilities, judgments, awards, damages, fines, penalties, sanctions, settlements, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature (including attorney/legal fees for both internal and external counsel, and costs related to investigation, arbitration, litigation or settlement) and includes:
    1. (a) loss of profit;
    2. (b) loss of revenue;
    3. (c) loss of time;
    4. (d) loss of anticipated savings;
    5. (e) loss of opportunity;
    6. (f) loss or corruption of data;
    7. (g) loss of use;
    8. (h) loss of business;
    9. (i) wasted expenditure;
    10. (j) loss of or damage to physical property;
    11. (k) business interruption; or
    12. (l) loss of or damage to goodwill,
    (and each paragraph (a) – (l) shall be considered independently without applying the ejusdem generis rule).
    "User Account" means a user account established and maintained by us in connection with the use of the Website, upon completion of the registration set out at https://hospitaladvisor.org.hk/Register/en
    "Personal Data" means any data or information relating to an individual and from which it is practicable for the identity of the individual to be directly or indirectly ascertained, and in a form in which access to or processing of the data is practicable (including, but not limited to, name, age, address, occupation, contact details and other personal details).
    "Privacy Policy" means our privacy policy found at https://hospitaladvisor.org.hk/Privacy_Policy/en , and which may be amended by us from time to time at our sole discretion, without notice.
    "Response" means any comments by a Hospital in response to a Review that is in relation to that Hospital.
    "Review" means any review by a user on the Website in relation to a Hospital.
    "Terms" means these terms and conditions for use of the Website.
    "Third Party Materials" means any Review or any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, or any other such items, provided, uploaded, transmitted, submitted or posted by or sourced from third parties that you use, download, view or access as a result of or through the Website.
    "Third Party Provider" means any entity or individual that is not the Hospital Advisor, which provides, uploads, transmits, submits, posts or is the source of any Third Party Materials.
    "Website" means the Hospital Advisor website at www.hospitaladvisor.org.hk
    "Website Content" means any data, material or information, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories, files, databases or listings, that is made available on or through the Website, including, for the avoidance of doubt, any Third Party Materials.
    "you" or "your" means you, the person who is accessing, viewing, using or publishing or posting content on the Website.
    "Your Content" means any Review or Response (as applicable) that is provided, uploaded, transmitted, submitted or posted by you.
  2. 1.2 Whenever the words include, includes, including or in particular (or similar derivates) are used, they are deemed to be followed by the words without limitation.

2. Acceptance of these Terms

  1. 2.1 By accessing the Website, you agree to be bound by and accept these Terms.

  2. 2.2 Your access and/or use of the Website is contingent upon you first agreeing to be bound by these Terms and the Privacy Policy. You may not use the Website if you do not agree to accept all of these Terms.

  3. 2.3 You may not access or use the Website and may not accept these Terms if:

    1. (a) you are not of legal age to form a binding contract with Hospital Advisor; or
    2. (b) you are a person barred from accessing or using the Website under the laws of Hong Kong or under the applicable laws of the jurisdiction in which you are ordinarily resident or from which you are accessing the Website.

3. Change of terms

We may amend the Terms from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms, you agree to be bound by such amendments.

4. Changes to the Website or Website Content

We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Website Content, or alter the presentation, substance, or functionality of the Website.

5. Your Conduct

  1. 5.1 You agree to use the Website only for purposes that are permitted by:

    1. (a) these Terms; and
    2. (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  2. 5.2 You agree not to use the Website or any Website Content:

    1. (a) in any way that is unlawful and/or breaches any applicable laws, regulations, codes, guidelines or orders;
    2. (b) to contravene or infringe upon any third party's rights (including Intellectual Property Rights); or
    3. (c) to send, communicate, knowingly receive, upload, download or use any material or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or are intended to deceive.
  3. 5.3 You agree that:

    1. (a) you will not engage in any activity that interferes with or disrupts the Website or the servers and networks through which the Website is provided;
    2. (b) you will not copy, reproduce, download, re-publish, sell, distribute or resell any part of the Website or Website Content;
    3. (c) you will not copy, reproduce, download, compile or otherwise use any part of the Website or Website Content for the purposes of operating a business that competes with the Website, or otherwise commercially exploits the Website or Website Content;
    4. (d) use of the Website or any Website Content for any purpose not expressly permitted in the Terms is prohibited;
    5. (e) when using the Website, you shall not install, import or transmit (and shall take reasonable measures to prevent against the installation, importation or transmission of) any Disabling Codes or similar malicious instructions, codes, techniques or devices capable of disrupting, disabling, damaging or shutting down the Website or other telecommunications or computer systems or devices;
    6. (f) you shall not take any action or allow any third party to take any action that would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any of our computer systems or networks; and
    7. (g) you are solely responsible for, and Hospital Advisor has no responsibility to you or to any third party for any breach of your obligations under these Terms, and for the consequences of any such breach.

6. Third Party Material

You acknowledge and agree that Hospital Advisor shall not be obligated to actively monitor or exercise any control whatsoever over any Third Party Material (but reserves the right to do so at its sole discretion). Hospital Advisor does not endorse, verify or otherwise certify any Third Party Material.

7. Right to post Reviews or Responses

  1. 7.1 You are only allowed to publish Reviews if you have registered for and hold a valid User Account. You are only allowed to publish a Response if you are a Hospital and you submit the Response via the User Account set up for that Hospital to which the Response relates. Subject to the foregoing, you may upload, post, submit, publish and/or display Your Content on the Website.

  2. 7.2 Hospital Advisor will not and shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all of Your Content from the Website (but shall retain the right to do the foregoing at its sole discretion).

  3. 7.3 Once Your Content is posted, the relevant Hospital may be notified and the Hospital will have the right to respond to Your Content.

  4. 7.4 Hospital Advisor has the right, in its sole discretion at any time, to redact Your Content to remove any obscene language or specified names of Hospital personnel, and/or to remove from the Website any of Your Content, for any reason whatsoever (including but not limited to breach of any of these Terms or any reasonable complaint from a Hospital).

8. Your Content

  1. 8.1 You agree that Your Content (or any links to any third party website contained in Your Content) shall not:

    1. (a) in any way be false, unlawful, misleading, libellous, defamatory, obscene, racist, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. (b) in any way be a Review of the Hospital where you are an employee, contractor or consultant (where applicable) or otherwise amount to any marketing or promotion of your services or the services of such Hospital;
    3. (c) in any way breach any applicable laws, regulations, codes, guidelines or orders;
    4. (d) in any way contravene or infringe upon any third party's rights (including Intellectual Property Rights);
    5. (e) contain any content in which you have a vested interest; or
    6. (f) be as a result of you being paid, influenced or coerced.
  2. 8.2 You represent and warrant that Your Content is true, accurate and up-to-date, to the best of your knowledge, and does not infringe any third party Intellectual Property Rights.

  3. 8.3 Without prejudice to Clauses 13, 14 and 7.2, you undertake and agree that upon becoming aware that any of Your Content is no longer true, accurate or up-to-date, you shall promptly notify Hospital Advisor in writing.

  4. 8.4 You agree that you are solely responsible for, and that Hospital Advisor has no responsibility to you or to any third party for, any information or materials that you provide or submit to Hospital Advisor or for any of Your Content that you create, transmit, display, upload or publish on the Website, and for the consequences of such (including any Loss which you or any other party, may suffer).

  5. 8.5 You will not use any trade mark, service mark, trade name, logo or any other Intellectual Property Right of any third party without that third party's authorisation, or in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

  6. 8.6 You understand and agree that any infringement of any Intellectual Property Rights is strictly prohibited on the Website. Without prejudice to Clause 7.2, any of Your Content that violates this Clause 8 shall be subject to removal or deletion by Hospital Advisor. Any repeat violations may result in your User Account being suspended or terminated, and/or restrictions being imposed by Hospital Advisor on your ability to post a Review.

  7. 8.7 Hospital Advisor shall not be responsible for any loss, destruction or alteration of or any infringement caused by any third party of any Intellectual Property Rights subsisting in Your Content.

9. Licence to use Your Content

  1. 9.1 You agree that by submitting or providing Your Content to us, or by posting, displaying, transmitting, uploading or publishing Your Content on the Website, you automatically grant Hospital Advisor a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable license to reproduce, adapt, create derivative works, modify, translate, publish, publicly display and distribute any of Your Content, and otherwise use any or all of Your Content in any form, media, or technology whatsoever, in any manner and for any purpose in relation to the Website.

  2. 9.2 You understand that Hospital Advisor, in relation to the Website, may:

    1. (a) transmit or distribute Your Content over various public networks and in various media; and
    2. (b) make such changes to Your Content as are necessary to conform and adapt Your Content to the technical requirements of connecting networks, devices, services or media.
  3. 9.3 You agree that the license described in Clause 9.1 shall permit Hospital Advisor to take these actions.

  4. 9.4 You agree that you are responsible for protecting and enforcing your own Intellectual Property Rights and that Hospital Advisor has no obligation to do so on your behalf.

  5. 9.5 You confirm and warrant to Hospital Advisor that you have all the rights, power and authority necessary to grant the licenses described in Clause 9.1.

10. Intellectual Property Rights

  1. 10.1 You acknowledge and agree that Hospital Advisor or its licensors, own all legal rights, titles and interest, including any Intellectual Property Rights, in and to the Website.

  2. 10.2 You acknowledge that any Intellectual Property Rights in any Website Content shall belong to Hospital Advisor or its licensors. You shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on the Website Content (either in whole or in part) unless you have received Hospital Advisor's express authorisation in writing.

  3. 10.3 Nothing in these Terms shall give you a right to use any of Hospital Advisor's or any Third Party Providers' trade names, trademarks, service marks, logos or domain names.

  4. 10.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website or Website Content.

11. Notification of Infringement of Your Intellectual Property Rights

  1. 11.1 This Clause 11 is without prejudice to Clauses 13 and 14 of these Terms.

  2. 11.2 In the event that you believe any of your Intellectual Property Rights have been infringed or any defamatory statement has been made about you on the Website by any Third Party Provider, you may notify us in writing via our contact details stated at https://hospitaladvisor.org.hk/About_Us/en#contact-us . To facilitate the processing of any notice received by us from you, you must include the following:

    1. (a) a reference to this Clause 11.2 of the Terms;
    2. (b) proof of your identity;
    3. (c) your contact details;
    4. (d) proof of your ownership of the Intellectual Property Rights or details regarding the alleged defamation (as applicable);
    5. (e) a copy of, and the hyperlinks to, the relevant Review on or that part of the Website that allegedly infringes your Intellectual Property Rights or incorporates a defamatory statement regarding you (as applicable); and
    6. (f) a description of the alleged infringement and/or defamatory statement.
  3. 11.3 Upon receipt of your notice and the required information stated in Clause 11.2, we may (in our sole discretion) take any action we deem appropriate, which may include any of the following:

    1. (a) remove the alleged infringing or defamatory Website Content or Review;
    2. (b) notify the Third Party Provider responsible for the alleged infringing Website Content or Review regarding your claim of infringement of Intellectual Property Rights or defamation (as applicable); or
    3. (c) terminate or suspend the User Account of the relevant Third Party Provider in the event of repeated claims of Intellectual Property Rights infringement or defamation.
  4. 11.4 You represent and warrant that any claim submitted by you to us alleging that your Intellectual Property Rights have been infringed or any defamatory statement has been made about you shall be true, accurate and correct.

  5. 11.5 You shall indemnify and hold Hospital Advisor harmless from all Losses arising out of or in relation to any Intellectual Property Rights infringement claim or defamation claim made by you, any amendment, deletion or removal of Website Content or Reviews (including Third Party Material) or termination or suspension of a User Account pursuant to your Intellectual Property Rights infringement claim or defamation claim.

  6. 11.6 Any action taken by Hospital Advisor shall not be construed as any endorsement or rejection of any Intellectual Property Rights infringement claim or defamation claim. Any claims regarding Intellectual Property Rights infringement or defamation claim shall be resolved by the relevant parties.

12. Hyperlinks

  1. 12.1 The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by third parties unrelated to Hospital Advisor. You understand and agree that:

    1. (a) Hospital Advisor has no control over and does not monitor such third party websites, content, or resources;
    2. (b) Hospital Advisor makes no guarantee or warranty, and is not responsible for any such external sites, content or resources (or any products, goods or services promoted, referred to or offered on such external sites or resources); and
    3. (c) Hospital Advisor does not endorse any websites linked to the Website, or any advertising, products, goods, services or other materials on or available from such websites or resources.

13. Warranties and Disclaimers

  1. 13.1 All Website Content is for your general reference only, and is not intended to amount to any advice on which you should rely and should not be taken to represent an opinion expressed by Hospital Advisor or any medical expert or practitioner or health-care provider. You must obtain professional or specialist advice before taking or refraining from taking any action based on the Website Content. You are responsible to ensure that your use of the Website Content and/or Third Party Material complies with your requirements and all applicable legal requirements.

  2. 13.2 You expressly understand and agree that your use of the Website is at your sole risk and that the Website is provided "as is" and "as available".

  3. 13.3 To the fullest extent permitted by the applicable law, Hospital Advisor expressly disclaims all conditions and warranties conditions of any kind, whether express or implied, in relation to the Website or Website Content including, but not limited to the implied conditions and warranties of quality or fitness for a particular purpose.

  4. 13.4 Without prejudice to the generality of Clause 13.2 above, Hospital Advisor makes no representations or warranties:

    1. (a) as to the accuracy, quality, completeness, currentness, adequacy, reliability or validity of any information or material provided on or through the Website, including, without limitation, the Website Content;
    2. (b) as to any Reviews or to any Hospitals listed, referred to, displayed, published or posted on the Website, as part of the Website Content;
    3. (c) that the Website, Website Content, Third Party Materials or Your Content will meet your requirements, or are free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
    4. (d) that your use of the Website will be uninterrupted, timely, secure or error-free; or
    5. (e) that defects in the operation or functionality of the Website will be corrected.
  5. 13.5 Any materials, including the Website Content, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from the downloading of any such material.

14. Limitation of Liability

  1. 14.1 Nothing in this Clause 14, or Clause 13 above, shall exclude or restrict any warranty or liability:

    1. (a) for death or personal injury caused by Hospital Advisor's negligence;
    2. (b) for fraud or fraudulent misrepresentation; or
    3. (c) that may not be lawfully excluded or limited by the applicable law.
    Only the limitations and/or exclusions that are lawful under the applicable law will apply, and Hospital Advisor's liability will be limited to the maximum extent permitted by the applicable law.
  2. 14.2 Hospital Advisor shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise for any Losses whatsoever (including whether general, special indirect, direct, nominal, punitive, incidental or consequential) which may arise in relation to the Website Content, the Website, your User Account, Your Content or Third Party Materials, whether or not Hospital Advisor were advised in advance of the possibility of such Losses including any Losses resulting from or in relation to:

    1. (a) your use, access or inability to use or access the Website, Website Content, your User Account or Your Content;
    2. (b) any changes made by Hospital Advisor to the Website, Website Content, your User Account, or Your Content, or for any permanent or temporary cessation in the provision of the Website, the Website Content, your User Account, or Your Content (in whole or in part);
    3. (c) any deletion of, corruption of or failure to store any content and other communications data maintained or transmitted by you through the use of the Website;
    4. (d) any Third Party Materials accessed, viewed, downloaded, used, relied on or otherwise obtained by you in relation to or via the Website or Website Content;
    5. (e) any information obtained from the Website, Website Content or Your Content;
    6. (f) any statements made by or the conduct of any third party on the Website;
    7. (g) violation of your Intellectual Property Rights by any third party; or
    8. (h) any Review or Third Party Materials that is false, unlawful, misleading, libellous, defamatory, obscene, racist, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  3. 14.3 Clause 14.2 shall apply irrespective of whether or not Hospital Advisor has been advised or should have been aware of the possibility of any such Losses arising.

  4. Without prejudice to Clauses 14.1 to 14.3, you hereby agree that the maximum liability of Hospital Advisor, its employees, agents, representatives and affiliates to you for all claims arising out of or in connection with the Website Content, the Website, your User Account, Your Content and/or these Terms, whether arising under contract, tort, or otherwise, shall be limited to HKD $1,000.

15. Indemnity

  1. 15.1 You hereby agree to indemnify, defend and hold harmless Hospital Advisor, its partners, officers, directors, agents, affiliates, and licensors ("Hospital Advisor Indemnified Parties") from and against all Losses that may arise directly or indirectly out of or in connection with:

    1. (a) any breach or non-compliance by you of any representation, warranty, condition or obligation in these Terms or applicable policies;
    2. (b) your use of the Website, Website Content or Third Party Material;
    3. (c) Your Content, including:
      1. (i) any use by Hospital Advisor or other third parties of Your Content;
      2. (ii) any claim that Your Content violates any applicable law, infringes the rights of a third party (including a third party's Intellectual Property Rights) or is false, unlawful, misleading, libellous, defamatory, obscene, racist, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    4. (d) any violation, trespass, contravention, breach or infringement of Hospital Advisor's or any third party's Intellectual Property Rights, or the unauthorised use or misappropriation of any trade secret of Hospital Advisor or any third party, caused by you, or your employees, agents or affiliates;
    5. (e) any Third Party Materials downloaded, used or otherwise obtained by you; or
    6. (f) any breach by you of the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) and/or any other applicable data protection laws.
  2. 15.2 You shall cooperate fully in the defence of any claim made by third parties. Hospital Advisor reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you.

  3. 15.3 You hereby acknowledge that damages for improper use of the Website may be irreparable, and Hospital Advisor is entitled to seek equitable relief, including injunctions and preliminary injunctions, in addition to all other remedies.

16. Your Privacy and the Privacy of Others

If you use the Website you agree to be bound by our Privacy Policy (found at https://hospitaladvisor.org.hk/Privacy_Policy/en ). If you do not agree to the Privacy Policy, you must not use or access the Website.

17. General

17.1. Governing Law and Jurisdiction

These Terms are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of Hong Kong.

17.2. Notices

All legal notices or demands to or upon you shall be effective and deemed to be in writing if delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence address, fax number or email address provided by you to us, or by posting such notice or demand on an area of the Website that is publicly accessible, without a charge. You shall be deemed to have received any such notice, if and when:
  1. (a) Hospital Advisor is able to demonstrate that the notice has been sent to you; or
  2. (b) Immediately upon Hospital Advisor posting such notice on an area of the Website that is publicly accessible without charge.

17.3. Force Majeure

Without prejudice to the generality of Clauses 13 and 14 above, under no circumstances shall Hospital Advisor be liable for any delay or failure or disruption in relation to the Website, Website Content or Your Content resulting directly or indirectly from anything beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, labour disputes, war, riots, civil disturbances, shortages of labour or materials, fires, flood, typhoons, earthquakes, explosions, acts of God, actions or orders issued by governmental or regulatory authorities or any courts or tribunal with applicable jurisdiction, or non-performance of third parties.

17.4. Severability

If any of these Terms are held invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if these Terms had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.

17.5. Entire Agreement

These Terms contain the entire agreement between you and Hospital Advisor and replaces all previous written or oral agreements relating to its content.

17.6. Waiver

A failure or delay by Hospital Advisor to exercise any right or act upon a breach under these Terms will not be a waiver of that right or breach. Any waiver by Hospital Advisor of any of its rights or of a breach of these Terms must be in writing, and such waiver is limited to the particular right or breach stated therein.

17.7. Assignment

You may not transfer any of your rights or obligations under these Terms without the written consent of Hospital Advisor. Hospital Advisor may transfer its rights or obligations or both to any person or entity, including any of its affiliates, without your consent.

17.8. No Partnership or Agency

Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or Hospital Advisor, constitute you as the agent of Hospital Advisor, or authorise you to make or enter into any commitments for or on behalf of Hospital Advisor.

17.9. Language

These Terms are written in the English language and may be translated into Chinese or any other languages. In the event of any inconsistency between the English version and the translated Chinese version or any other translated version of these Terms, the English version shall prevail. Without prejudice to the foregoing, please click here if you would like to access the Chinese version of these Terms.