TERMS & CONDITIONS
Please read this Terms & Conditions (the “Terms”) carefully before accessing or using any part of this Platform. In case of any discrepancy between the Chinese and English versions of the Terms, the Chinese version shall always prevail, and the Company reserves the final right to interpret the Terms. If you do not agree to the Terms, please leave this Platform. By accessing or using any part of this Platform, you agreed to be bound by the Terms and any changes and/or amendments to the Terms. Therefore, you are advised to visit this page from time to time, and comply with the latest Terms.
This Platform is owned and operated by EC Healthcare, including its subsidiaries, affiliates and related bodies corporate (“ECH,” “the Company,” or “we/us/our”). This Platform provides information on our services and products, and allows you to shop or book appointments (the “Service”) via the Internet (including websites, mobile applications and/or software).
This Platform may also host varies events, such as competitions and/or other sales activities. These events may impose extra terms and conditions, regulations and/or policies in addition to this Terms. Alternatively, the terms and conditions, regulations and/or policies may replace any part of this Terms. By purchasing or entering such events, you agreed to be bound by the extra or replaced terms and conditions, regulations and/or policies.
- This Platform is not suitable for any urgent, emergency or critical medical conditions. If you need medical advice or treatment, please contact the emergency services immediately.
- Any one or more parts of this Platform only available to Users from China, Hong Kong and/or Macau. If you are currently at anywhere but the above country/district, and/or have any doubt about our Platform, please do not access or use any part of this Platform.
Definitions and Interpretation
In this Terms (including the Recitals above), the following expressions shall, unless the context requires otherwise, have the following meanings:
- “Content” – means all texts, images, logos, icons, photos, videos, animations, and everything being used, shown, or appeared on our Platform in relation to images, sound effects, computer programs and other materials;
- “Customer,” “User(s)” or “you/your” – means anyone uses this Platform and/or eligible to pay for the services/products we provided;
- “ECH,” “Company,” or “we/us/our” – has the meaning given to it in About Us;
- “ECH Doctors” – means doctors currently practicing under EC Healthcare;
- “Intellectual Property” – means any or all patents, trademarks, functional variable name rights, design rights, copyrights and database rights (regardless of whether such rights have been registered or not, or the right to apply for registration), confidential information rights, and all other intellectual property rights of similar or corresponding nature that may exist anywhere in the world currently or in the future;
- “Platform” – has the meaning given to it in About Us, including our website (echealthcare.com), any related websites, and mobile applications/software owned and operated by ECH;
- “Providers” – means service providers/ product suppliers in relation to your purchases via our Platform;
- “Services” – has the meaning given to it in About Us
- Before using our medical services and treatments, you shall make an appointment through the Company’s consultant or via our e-Booking System. All appointments will be processed on a “first come, first served” basis.
- If pre-payment is required for relevant medical services and treatments, all appointments will be processed on a “first come, first served” basis upon receipt of payment.
- If you wish to cancel or reschedule the booking within 24 hours before the appointment, the Company is entitled to deduct all expenses related to the treatment. The Company reserves the right to arrange the time and place for relevant treatment.
- You agreed, with a sound reason, the Company may make amendments on the treatment, including the devices to be used, the time and/or the venue, by serving you with a notice.
- The Company will assign a Doctor in response to your requirements and needs, and arrange an appointment for you to meet the Doctor. After attending the appointment with the Doctor, you may request a change of Doctor in writing. The Company reserves the right to determine the final arrangement of a doctor.
- You agreed, the Company may change your consultant, therapist, doctor and/or other medical personnel at any time.
- In case of any late arrival (15mins) of the arranged appointment, the Company is entitled, based on the actual circumstances, to shorten, postpone or cancel your treatment to avoid other customers from being affected. All the expenses related to this treatment will be deducted.
- If you wish to designate doctor, therapists or other medical personnel, any request shall only be put in, by yourself, when appointment is being made. The Company is entitled to charge the Customer for such designation; however, the Company can only give cooperation to its best ability, and the result is subject to the arrangement by the Company.
- The customer shall accept treatment arranged by the medical organization as designated by the Company, and shall not choose other medical organizations without permission.
- If the observatory forecasts a typhoon of Scale 8 or stronger, or issues a black rainstorm warning, all appointments that are applicable by then will be canceled without notice, and the Customer shall call the Company to query change of the appointment.
Treatment’s Guides and Opinions
- In order to achieve the best result from treatments, the Company’s consultant, therapist, and other medical personnel will provide reasonable treatment guides and opinions to the Customer in his/ her best interest, which will be based on his/her health status and safety. The guides and opinions include the treatment’s information, procedures and methods. It is advised that the Customer must comply with such guides and opinions before, during and after the treatment. The Company is entitled to refuse any treatment/product/medicine to the Customer, which are not suitable for him/her as deemed by the consultant, therapist or other medical personnel.
- The Company reserves the right to refuse underaged (below 18) Customer to use one or more services/products that are not suitable for underaged.
- If you have any doubt about any treatment, you may ask for relevant documents and guides (if applicable) from the Company during office hours.
- In order to verify your identity, you may be requested to provide your identification documents or membership card when attending at our centres.
- In order to use our Services, you must create an account from the Platform. By registering an account, you unconditionally and irrevocably represent and warrant that you are aged 18 or over (and we have the right to rely on such declarations accordingly), and has the ability to constitute a legally binding agreement.
- The services described on our Platform are for your personal use only. You are prohibited to sell or resell any services purchased from the Company’s Platform/premises or obtained services in other ways. If the Company believes that you may or have violated these Terms at its sole discretion, the Company reserves the right to cancel or reduce the number of any services provided to you with or without notice. You should also note that if you use or purchase the services provided by the Company, you may be subject to additional terms and conditions. Regarding these additional terms and conditions, the Company will notify you separately when you purchase the relevant services.
- In light of your use of our Platform, you hereby agree that:
- To maintain and immediately update your registration information to ensure that the information is true, accurate, up-to-date and complete.
- You acknowledge that all of your statements to the Company, including your personal information or medical records are true.
- You are responsible to verify whether your medical insurance policy (if any) is applicable to our services. (Only applicable to ECH’s Medical Brand)
- If you have any of the following diseases or is in one of the following physical conditions, such as pregnancy, heart disease, asthma, skin disease, cold, allergy, hemophilia, abnormal blood pressure, or epilepsy, or suffering from any other symptoms, or is administered with medicines or placed with a pacemaker or other metal articles in your body, you must report to the employee of the Company before purchasing any treatments and products, as well as before having any treatment or making appointment, so that the Company can make sensible arrangement for your condition.
- If you or the Company find yourself to be in an abnormal condition when receiving the treatment from the Company, both parties shall be informed immediately, and the Company is entitled to take appropriate measures upon the consent from the Customer. However, if such abnormality is not attributable to the conduct by the Company, the Company shall not be liable, and you shall bear all relevant expenses for the measures taken by the Company.
- All the risks, rights and interests in connection with Invisalign, items purchased through an agent or free items shall be transferred to the Customer upon the issuance of the invoice.
- By purchasing services/products via our Platform, you hereby unconditionally and irrevocably represent and warrant to the Providers that you are capable to enter a legally binding agreement.
- In order to avoid committing a criminal offence under Article 9 of Cap.201 Prevention of Bribery Ordinance, under no circumstances shall the Customer offer any kind of monetary benefits to our employees. If any of our employees asks you for benefits, please notify the Company immediately.
Price & Payment
- By purchasing or booking an appointment for our services/products, you hereby agree to pay all fees/charges in accordance with the terms of the bill.
- Since 1st January 2019, our Customers are entitled to 14 days post-sales cooling off arrangement on our services (for ECH’s medical brand, this arrangement is only applicable to pre-paid treatment packages). If you wish to request a refund during the cooling-off period, the Company will deduct the fees of any used treatment(s), according to the recommended retail price, and finalize the refund amount.
For example: The recommended retail price for a single course of treatment is HK$500, while the package price for 10 courses is HK$4,000. If the Customer requests refund after completing one treatment, the refund amount will be $(4,000-500) = $3,500.
- If the Customer intends to cancel all treatments and be returned with the deposit within 14 days after the deposit has been paid, the request shall be made in writing before any treatment starts.
- Regardless of any reasons for refund, if the Customer intends to cancel all treatments and be returned with the deposit, the Customer who made payment with a credit card or by installment with a credit card, the Company will deduct all administrative fees before the deposit is returned.
- Except that the Company fails to provide treatment according to the sales agreement or commits serious breach, the Customer may not request to have the paid deposit or medical expense returned or to change products or treatment after the cooling-off period. In no case, the Customer may transfer the treatment to others or share it with others. Unless a written consent of the Company is granted, the Customer shall not transfer the rights and responsibilities hereunder to others.
- The treatment from the Company is available within one year following its purchase, and the physical examination is available within half a year following its purchase. The entitlement becomes invalid upon expiration, when the Company will not make any refund arrangement.
- All intellectual property rights appearing on this Platform are owned or licensed for use by the Company, and are protected by applicable laws (including laws governing copyright and trademarks). Except as listed in the limited license contained in the below clauses or in accordance with applicable laws, all or part of any part of this Platform may not be used, copied, sell, resell, access, modify or otherwise use for any purpose without the prior express written consent of the Company. Otherwise it may constitute an infringement of the rights of the holder.
Limited License; Limitation on Uses
- The Company grants User a limited, revocable, non-transferable and non-exclusive license to access and use this Platform for personal use. You understand and agree that you will not make or attempt to make or cause others to make or attempt to make the following matters related to your use of this Platform:
- a. Any use of any part of the content on this Platform for profit or non-personal purposes;
- b. Use any automated system or software to extract data from this Platform;
- a. To maintain and immediately update your registration information to ensure that the information is true, accurate, up-to-date and complete.
- c. Without the prior written permission or authorization of the Company, use, including but not limited to, meta tags, hidden text, robots, spiders, crawlers or any other tools (whether manual or automatic) to collect, extract, mine, republish, redistribute, transmit, sell, license or download this Platform or its content (unless for cache or browsing of this Platform);
- d. Intentionally violate any applicable local law, national law or international law;
- The Company also grants User a limited, revocable, non-transferable and non-exclusive license only for setting up a hyperlink to the homepage of this Platform for personal and non-profit-making purposes. Link to the website of this Platform:
- a. User can link to the content on this Platform, but no part and/or all of the content can be copied;
- b. Do not imply that the Company endorses the website or its services or products;
- c. Must not misrepresent its relationship with the Company;
- d. Do not describe the Company or the Company’s products or services in an erroneous, misleading, defamatory or other offensive or inappropriate manner, or associate the Company with bad products, services or opinions.
The Company may, at its sole discretion, request you to remove any link to this Platform. When you receive this request, you must remove the link immediately and stop any linking operations, unless with the Company’s express writing authorize to restore the link.
- The limited license stated above will automatically terminated for unauthorized use of any part and/or all of this Platform or the content on this Platform without prejudice to applicable laws or any other remedies provided by these Terms.
- User Content
- a. When you submit any user-generated content (including all text, files, images, photos, sounds, videos or other materials) on our website (“User Content”), you grant us a permanent, irrevocable, non-exclusive, global, transferable, sublicensable, fully paid, royalty-free license to reprint, distribute, communicate to the public, perform publicly, revise, compile derivative works, display and any other use of the User Content (including but not limited to promoting and reposting part or all of the website in any media format and through any media channels). Without restrictions, the rights granted to us by you under this clause include the right to grant sublicenses to users of each platform to use User Content when platform functions permit from time to time. You hereby waive and urge all other creators of User Content to waive all moral rights of User Content (including the right to identify the creator of User Content or the right to oppose any derogatory processing of User Content), regardless of whether the relevant rights are currently or may exist anywhere in the world at any time in the future.
- b. Customer’s Representation & Warranty
- (1) You have the legal rights and powers to grant the license in Article 33.a above;
- (2) You are the owner of the User Content and/or have all the necessary rights, consents, permissions and licenses that can grant us the license in Article 33.a above;;
- (3) We will not infringe the intellectual property rights or other rights of any third party by exercising the license in Article 33.a above;;
- (4) If the User Content identifies any individual person (whether by name, picture or other means), you have obtained all the consents and permission of such person, so that we can use the User Content under the license in Article 33.a above;;
- (5) User Content does not include any material that may be illegal, defamatory, obscene, offensive, endangering the safety of any person, intended to harass any person, or unsuitable for display on the website;;
- (6) At our request, you will provide us with a written copy of any consents, permits and licenses that you need to obtain; and;
- (7) You are responsible for all legal responsibilities for the User Content. Regardless of whether we are aware of any User Content, we are not responsible or liable for any User Content under any circumstances.;
- Third Party Web-Link
- a. Certain links (including hyperlinks) in our Platform will lead you to leave this Platform. These links are for your convenience only, and the inclusion of any link does not imply our support or endorsement of the linked website, its operator or its content. We are not responsible for the content of any third-party websites outside of this Platform.
- b. We may also upload content on third-party platforms (such as Facebook and Instagram) or interact with you via such platform. The terms that appear on third-party platforms may contain relevant guidelines on our interactive services (including services involving third-party platforms), but we do not control these third-party platforms, and these terms are not applicable to other third-party companies or the actions of the company or employees not employed or managed by us. You should check and understand the terms of the relevant third-party platform yourself. We are not responsible for any content outside of our third-party platforms.
- Technical Requirement
- a. You may use this Platform through the Internet, data networks and Internet-connected devices (“Infrastructure”). The Company assumes no responsibility for the Infrastructure itself. When using this Platform, you should check whether you have Internet-connected equipment and whether the Internet connection is sufficient and stable.
- b. If you use this Platform with a wireless network, please avoid using public Wi-Fi facilities and use WPA-2 security to protect the wireless network. Please set your device to be password protected when you use this Platform and set it to be locked after a short period of inactivity.
- c. We may update the Platform from time to time. You may need to download the latest version of the Platform and/or related software and accept the latest terms before you can use the Platform.
- d. If the Infrastructure is affected by technology or security threats, we may suspend this Platform to ensure its normal operation and protection. We will try to minimize such impacts.
- 37. Account Safety
- a. Without the written permission of the Company, you must not share your password, give access to your account to others, or transfer your account to anyone else.
- b. If you suspect that someone has used your account and password without authorization, please notify us immediately.
- c. If your login information on this Platform is lost or stolen, you will be responsible for any relevant loss before the Company receives the notice.
- d. If you enter and use this Platform in the name of another person, it means that you have the right to make that person be bound by these Terms. If you do not have this right, you agree to be liable and responsible for the errors and damages caused by such access or use of this Platform..
- e. You may email firstname.lastname@example.org any time to request cancellation of your account. The Company reserves the right to terminate your use of its account service at its sole discretion without providing any reason.
- If you violate any of the Terms, such as making misrepresentations about your account information, the Company may (with or without notice) immediately terminate your access to our Platform or registration, and may refuse to provide services to you.
- The Company may also exercise these rights if it considers that refusing you to use the Platform or provide services to you is in the best interest of the Company at its sole discretion.
- Any rights that either party has generated on the termination date will still be enforceable after termination.
- The Company reserves the right to make temporary or permanent revisions or interruptions to this Platform or any part of it (including the prices) at any time with or without notice. You agree that we are not responsible to you or any third party for any amendment, suspension or interruption of this Platform or any part of it. In case of dispute, the Company has the final right to interpret this Term.
- The Company reserves the right to modify the content of this Platform (including the services provided by the Company) and these Terms at any time without notice to you. The effective date of the latest valid version of these Terms can be found at the top of this page. If you continue to use the Platform and services of the Company after any relevant changes, it means that you agree to be bound by the revised Terms. This right includes the right to change any part of these Terms.
- You agree to accept any agreements, notices, disclosures and other communications referred to in these Terms (hereinafter referred to as “Notices”) by us electronically, and agree that all Notices are comply with any legal requirement in relation to communication in writing. If you wish to withdraw your consent to accept the Notices electronically, you must email email@example.com to notify the Company and stop using this Platform. In this case, all rights granted to you in accordance with these Terms, such as the limited licenses listed in the above Term, will automatically terminate. The Company will not provide services of this Platform to any user who does not agree to receive notifications electronically.
- If you have any questions or inquiries about these Terms, please email to firstname.lastname@example.org for inquiries.
- Force Majeure
The Company will not be liable and responsible to you for any breach of these Terms/ contract, obstruction or delay caused by any reason beyond the reasonable control of the Company, including but not limited to:
- a. Strikes, lockouts or other industrial actions;
- b. Riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether announced or not) or war threats or preparations for war;
- c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
- d. Suspension of railways, boats, airplanes, automobiles or other public or private means of transportation;
- e. Suspension of public or private telecommunication networks;
- f. Any orders, laws, regulations, or restrictions on strikes, malfunctions, or accidents announced by any government, transportation, postal service, or other transportation related organizations.
- You confirm and agree that these Terms constitute a complete and unique agreement between the Company and you regarding your use of this Platform, and replace and regulate all previous oral or written agreements, understandings or other arrangements. Neither party has the right to rely on any agreement, understanding or arrangement not contained in these Terms.
- The content of these Terms shall not be interpreted as any agency relationship, partnership or other form of cooperation between you and the Company.
- We may assign these Terms or appoint any third party, including subsidiaries of our Company, to provide services to you on our behalf, or perform any of our responsibilities contained in these Terms. In addition, any person not under the jurisdiction of these Terms shall not obtain any rights under it or have the right to benefit from any of its Terms, even if the person has relied on or any party has obtained the right to agree to such Terms.
- You agree to defend, indemnify and compensate any loss, damages or expenses (including legal expenses) of the Company for the claims, litigations or requests from third-party (including but not limited to the Company and all directors, employees and Providers of the Company) arising from your use of this Platform or violation of these Terms.
- You also agree to defend, indemnify and compensate any loss, damage or expenses (including legal expenses) of the Company for your use of the software, including but not limited to robots, spiders, crawlers or similar data collection and extraction tools, and /or the unreasonable burden cause by your adoption of the Company’s Platform.
Governing law and jurisdiction
- These Terms are governed by and shall be construed in accordance with the laws of Hong Kong for the time being in force and the Parties hereby irrevocable submit any dispute controversy or claim arising out of or relating to this Platform, including the validity, invalidity, breach or termination thereof, to the exclusive jurisdiction of the Hong Kong courts in connection herewith.
- If, at any time, the Company has not required performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such rights. All waivers by the Company must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by the Company of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
- Any medical or healthcare information provided by us on this Platform is for reference or educational purposes only and we do not warrant that such information will meet your health or medical requirements. Furthermore, our Platform is NOT intended for use in diagnosing and/or treating medical or health conditions, and are NOT substitutes for qualified professional medical or healthcare advice and/or consultations with qualified medical practitioners and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.
- Due to the nature of non-invasive and non-surgical treatments that we offer, we cannot guarantee results. Results will vary from person to person. Factors such as lifestyle, medical history and age can affect your results and the longevity of results. The results shown are from customers and are typical, however the results are not guaranteed. This Platform provides information regarding weight loss, body sculpting, facial treatments, intolerance testing and laser hair removal. It is intended to assist individuals to make an informed decision about the treatments that we offer.
- We do not make any statements or warranties regarding the quality satisfaction, merchantability, non-infringement or suitability of the Company’s services/products.
- The Company will try its best to accurately describe all services and provide relevant service information on the Platform. However, to the extent permitted by applicable laws, the Company does not guarantee that the service descriptions, information or other content contained on this Platform are accurate, complete, reliable, valid or infallible.
- We do not represent or warrant that access to our Platform or any part of it will be unobstructed, reliable or free of malfunctions.
- You agree that no data transmission on the Internet can be guaranteed to be completely secure. Although we are committed to protecting this information, we do not guarantee and cannot ensure the security of the information you transmit to us. You shall transfer any data to us at your own risk.
- To the extent permitted by law, we exclude all liability to you for the following reasons (whether in contract, infringement or other forms and whether due to our negligence):
- a. Regarding any technical, factual, text or printing inaccuracies, errors or omissions related to our Platform or any content therein;
- b. Failure to provide content from our Platform (or any part of it) or services;
- c. Any misrepresentation about our Platform or services.
- Unless required by the law:
- a. We will not be responsible to you for any indirect or consequential loss, damage or expense, including any loss of profit, business or goodwill caused by your notification of our problems; and
- b. Under no circumstances will the maximum total liability of the Company exceed HK$1,000.00.
- You agree that any claim or litigation (whether based on contract, warranty, infringement, including negligence, or other aspects) arising from or related to the use of this Platform or these Terms shall not be enforceable if the event occurred more than one year. If you have any disputes with the Company or are not satisfied with this Platform, your only solution is to stop using this Platform. The Company has no other obligations, liabilities or responsibilities to you.
- These Terms have included all the terms and commitments of the Company to you in relation to the use of our Platform, and revoke any representations, commitments and guarantees that the Company made to you before entering into these Terms.
- This Platform may provide links to other sites or resources maintained by unrelated companies and persons (“Linked Site(s)”). We do not monitor the contents of the Linked Sites and have no control over the Linked Sites. We are not responsible for the content or material of any Linked Site or any links contained in a Linked Site, or any changes or updates to such Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Your access and use of such Linked Sites remain entirely at your own risk and you agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
- Notwithstanding any other provision in the Terms, nothing in these Terms affect or limit your rights as a consumer under the Hong Kong SAR law and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of our Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform. If we are informed of any inaccuracies in the material on the Platform we will attempt to correct this as soon as we reasonably can.
- In particular, we disclaim all liabilities in connection with the following:
- a. Incompatibility of the Platform with any of your equipment, software or telecommunications links;
- b. Technical problems including errors or interruptions of the Platform;
- c. Unsuitability, unreliability or inaccuracy of the Platform; and
- d. Failure of the Platform to meet your requirements.
- To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which Terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Platform.
- You should not bring children and valuables to our stores, except for stores applicable to children’s services. If you bring children and valuables, we are not responsible for keeping the above items or taking care of the children. Unless theft is caused by the negligence or misconduct of our employees, the Company will not be responsible for any loss.
Healthcare Scheme (Applicable to New York Spine and Physiotherapy Centre, hereinafter referred to as “NYMG”)
- You agree to pay the stated amount for the Healthcare Schemes provided by ECH and NYMG.
- All Healthcare Schemes are valid for 24 months (starting from the date of purchase), and would be deemed invalid after the expiry date.
- ECH and NYMG reserves all rights of final decision to all matters of the Scheme without prior notice.