問問專家’s Mobile Application and the website with the domain (the ‘Sites’) are operated and owned by Zenecom Healthcare Consultants Limited Hong Kong Limited (the ‘Company’, ‘We’ or ‘Us’). We provide contents and services on the Sites (“Services”) to any user of the Sites (‘you’, ‘your’ and ‘yours’).
1. Services ProvidedSERVICE PROVIDED
問問專家 provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed healthcare practitioners (the “Providers”) in real time via live streaming video and/or telephone for the purpose of participating in a healthcare consultation. 問問專家 also provides other types of administrative services and information. 問問專家 does not provide medical care or practice medicine or any other licensed profession, and 問問專家 does not interfere with the practice of medicine or other licensed profession by Providers. All of the participating Providers are solely responsible for their Services and compliance with any requirements applicable to his or her professional license. 問問專家 does not provide any physicians’ or other Providers’ Services itself, and neither 問問專家 nor any third parties who promote its Services shall be liable for any professional advice you obtain from a Provider via the 問問專家 Services.
Use of the Sites and the Services – NOT FOR EMERGENCIES
問問專家’s Sites and Services are NOT FOR use for medical EMERGENCIES or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on 問問專家’s Site. IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 999 LOCAL EMERGENCY HOTLINE, IMMEDIATELY!
2. YOUR OBLIGATIONYour obligation
Even though the contents on the Sites are provided free of charge, the usual and customary charges for any Services rendered by collaborating physicians profiled on the Sites will apply and will be entirely your responsibility.
You are responsible for all use of the Sites and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Sites and the Services for lawful and, non-commercial purposes only. You may not use the Sites in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Sites or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
copy, modify, adapt, translate, or reverse engineer any portion of the Sites, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Sites and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Sites and/or the Services;
access, retrieve or index any portion of the Sites and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry, physicians and/or medical providers;
reformat or frame any portion of the web pages that are part of the Sites and/or the Services;
fraudulently misuse the Services by scheduling an appointment with a physician or medical provider which you have no intention of keeping;
create user accounts by automated means or under false or fraudulent pretenses; or
collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights in these Terms and Conditions, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
3. NO MEDICAL ADVICE
The Information that you obtain or receive from the Sites provided, maintained or given by us, and our employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Sites is for informational and scheduling purposes only.
Other than advice provided by the Providers following appropriate consultations through the consultation function and/or live chat function provided by the Sites, the information provided on the Sites is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining medical advice from a qualified health care professional because of something you may have read on the site. Do not use the site for emergency medical needs. Your use of information provided on the Sites is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, in substitution of the practice of medicine or the provision of medical care.
We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites by any means. If you rely on any of the Information provided by the Sites, you act on your own risk.
In case of emergencies or urgent medical situations, you should contact the emergency services at your location immediately.
Consultations provided by the Providers on the Sites are telehealth services. Telehealth is the delivery of healthcare services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telehealth consultation with a Provider, details of your personal information, including, without limitation, your name, address and contact information; medical and social history; current medical needs; and/or other information that is either requested by us or volunteered by you (collectively “Personal Information”).
There are potential risks associated with the use if of telehealth services. These risks include, but may not be limited to:
In some instances, the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e. Poor resolution images, noisy background, etc.);
Delays in evaluation or treatment could occur due to failure of the electronic equipment;
In some instances, lack of access to all of your medical records may result in judgement errors;
Although the electronic systems we use incorporated networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information security agreement.[Ts1]
You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
You authorize us, our employees, agents and others operators on its their behalf, to use and/or disclose your Personal Information;
You understand that theyour potential risk regarding privacy and/or personal health information;
You understand that you are fully responsible for payment; and
You understand your Provider, in his or her sole discretion and professional judgment, may determine that telehealth Services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telehealth Services to you through the 問問專家 platform.
4. NO MEDICAL PROFESSIONL PATIENT RELATIONSHIP
No licensed medical professional/patient relationship is created by using information provided by or through the use of the Sites. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further we do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Sites or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular Provider by confirming with the Provider’s office, your current physician, the medical association or council relative to the Provider’s specialty.
5. SPECIAL NOTE REGARDING CHINESE MEDICINE AND HEALTHCONSULTATION
Video consultations with Chinese Medicine PractitionersProviders (“CMPs”) is one of our service offerings. In most cases, for the Providers a CMP to perform a thorough medical diagnosis, he/she will need to perform the four examination methods: Questioning / history taking, Inspection, Auscultation (listening) & Olfaction (smelling), and Palpation. As Olfaction and Palpation cannot be performed over a video consultation due to limitation of a telehealth service, the a CMP canProviders can only come to a very preliminary view of the person’s state of health.
You understand the platform is best used and intended for pre-offline-visit inquiries, general Chinese Medical inquiries, and follow up consultations on low risk chronic diseases & wellness matters;
We strongly suggest you to visit the CMP Providers offline prior to the video consultation and do not request for any health supplement and/or Chinese medicine in your first online visit;
We strongly suggest you to visit the Providers CMP offline after the video consultation for a thorough diagnosis; and
You understand the associated trade-off and risk of such consultation.
6. INTRA PLATFORM IMFORMATION SHARING
Information collected through the system services is shared among the system practitioners by default. The objective is to provide them with transparency on users’ records to enable better execution of professional judgements. Users can opt out of the information sharing scheme at will through the Settings on the mobile application.
7. SYSTEM BACKUP
Regular backup are made to our system to maintain its integrity. Portions of video consultations may be recorded as part of the overall backup. Such information will be kept for period of 3 years, and may be disclosed for legal and regulatory purposes.
8. MODIFICATIONS TO SERVICESModifications to serviceS
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new Services will be included on the Site, and the users of new Services will be governed by these Terms and Conditions. You agree that we will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
We may make changes to these Terms and Conditions from time to time without notice to you. You should review these Terms and Conditions prior to using our Services to ensure an understanding of the relationship between you and us. You are legally bound by the latest Terms and Conditions from the first time you use the Sites after the relevant changes to the Terms and Conditions are published.
9. DISCLAIMER OF WARRANTIES
We provide the Sites and the Services “as is”, “with all faults” and “as available”. We make no express or implied warranties or guarantees about the Services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the Services and the Sites, including but not limited to any warranties that the Services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the Services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the Services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the Sites or any other data or information provided or received through the Sites. Except as expressly set forth herein, we make no warranties about the information systems, software and functions made accessible through the Sites or any other security associated with the transmission of sensitive information. We do not warrant that the Sites or the services will operate error-free, that loss of data will not occur, or that the services software or Sites are free of computer viruses, contaminants or other harmful items.
10. GENERAL LIMITATION OF LIABILITY
Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the Services or the Sites, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the site or the Services or (b) HKD$1,000 In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Sites and/or the Services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of physicians utilized through use of the service, even if we knew or should have known of the possibility of such damages.
11. ENTIRE AGREEMENT
These Terms and Conditions and any supplemental terms, policies, rules and guidelines posted on the Sites, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of 問問專家 to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
12. CHOICE OF LAW AND DISPUTE RESOLUTION
This agreement and any dispute or matter arising from or incidental to your use of the Sites shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and both you and the Company submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.