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.
1.1 Capitalised terms used in these Terms shall have the following meanings:
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
2.1 By accessing the Website, you agree to be bound by and accept these Terms.
2.3 You may not access or use the Website and may not accept these Terms if:
3. Change of terms
4. Changes to the Website or Website Content
5. Your Conduct
5.1 You agree to use the Website only for purposes that are permitted by:
5.2 You agree not to use the Website or any Website Content:
5.3 You agree that:
6. Third Party Material
7. Right to post Reviews or Responses
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.
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).
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.
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
8.1 You agree that Your Content (or any links to any third party website contained in Your Content) shall not:
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.
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.
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).
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.
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.
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
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.
9.2 You understand that Hospital Advisor, in relation to the Website, may:
9.3 You agree that the license described in Clause 9.1 shall permit Hospital Advisor to take these actions.
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.
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
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.
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.
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.
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
11.1 This Clause 11 is without prejudice to Clauses 13 and 14 of these Terms.
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:
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:
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.
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.
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.
12.1 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:
13. Warranties and Disclaimers
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.
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".
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.
13.4 Without prejudice to the generality of Clause 13.2 above, Hospital Advisor makes no representations or warranties:
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
14.1 Nothing in this Clause 14, or Clause 13 above, shall exclude or restrict any warranty or liability:
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:
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.
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.
15.1 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:
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.
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
17.1. Governing Law and Jurisdiction
17.3. Force Majeure
17.5. Entire Agreement
17.8. No Partnership or Agency