1. Application of Terms

1.1       These Terms (as defined below) apply to your use of the Website (as defined below). By accessing and using the Website (as defined below):

• you agree to these Terms (as defined below); and
• where your access and use is on behalf of another person, you confirm that you are authorised to, and do agree to these Terms (as defined below) on that person’s behalf and that, by agreeing to these Terms (as defined below) on that person’s behalf, that person is bound by these Terms (as defined below).

1.2       By your continuing to access and use the Website (as defined below), you agree that you accept and are bound by these Terms (as defined below).  

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2. Changes

2.1       We may change these Terms (as defined below), at our sole and absolute discretion, at any time by updating them on the Website (as defined below). Unless stated otherwise, any change shall take effect immediately. You are responsible for ensuring you are familiar with the latest Terms (as defined below). By continuing to access and use the Website (as defined below), you agree to be bound by the changed Terms (as defined below).

2.2       We may change, suspend, discontinue, or restrict access to, the Website (as defined below) without notice or liability.

2.3       These Terms were last updated on 6 November 2021.

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3. Definitions

In these Terms (as defined below), words denoting one gender only shall include the other gender and the neuter and vice versa, and words denoting the singular number only shall include the plural number and vice versa.

In these Terms:

including and similar words do not imply any limit

"Loss" includes loss of profits, savings, revenue or data, damages for pain, suffering and loss of amenities, loss of earnings, past and future treatment expenses and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

“Noah", “we”, “us” or “our” means Noah & Zoey Limited

“Personal Information” means information about an identifiable, living person, and includes personal data, personally identifiably information and equivalent information under applicable privacy and data protection laws

“Privacy Policy” means the privacy policy set out at https://www.ofnoah.hk/privacy-policy

“Terms” means these terms and conditions titled Website Terms of Use

“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website (as defined below)

“User ID” means a unique name and/or password allocated to you to allow you to access certain parts of the Website

“Website” means https://www.ofnoah.hk and https://hk.of.health

“you or “yours” means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting, and who is using the Services (as defined below)

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4. Introduction

We own and operate the Website. The Website is intended to facilitate the provision of the Services (as defined below) to registered users. The “Services” include but are not limited to (i) providing individuals with [general] information on health care and wellness (“Content”); (ii) providing individuals with pharmacy services; (iii) developing and gathering of health care records and health care information with retention of the same for use in health care provider appointments communications and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services;(vi) providing telecommunications support for using the Services as a means of direct access to health care providers; and (vii) delivery of products and medications through logistic services; by medical professionals who are independent contractors associated with us and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers (“Providers” and each, a “Provider”). We reserve the right to alter the scope of the Services at our sole discretion at any time without prior notice to you.

These Terms describe your rights and responsibilities with regard to the Website that you may use to receive the Services. Your access to and use of the Website is subject to these Terms, our Privacy Policy, as well as all applicable laws and regulations. The Website and Services are continually under development, and we reserve the right to review or remove any part of these Terms in our sole discretion at any time and without prior notice to you. You should check the Terms from time to time when you use the Website or Services to determine if any changes have been made. Any changes to these Terms are effective immediately upon posting to the Website. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms upon posting to the Website. If you disagree with these Terms, your sole and exclusive remedy is to discontinue your use of the Website and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

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5. Eligibility

5.1       In order to qualify to use the Services, the following must be true:

• You are age 18 or over;
• You are located in Hong Kong; and
• You agree to be legally bound by and comply with these Terms.

5.2       You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through Noah. In addition to the above requirements, we and our certain affiliated professional entities reserve the right to change or include new requirements for use as deemed appropriate in our sole discretion without providing prior notice to you.

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6. Requirements for use

6.1       You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet, which you shall bear at your own cost.

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7. Special consent to telehealth services

7.1       Telemedicine involves the delivery of healthcare services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
• Interactions between a patient and health care provider via audio, video, and/or data communications; and
• Use of output data from medical devices, sound, and video files.

7.2       The Services are in no way the provision of medical care or treatment, and is merely a platform where Services are provided. Any medical care or treatment provided by a Provider is between you and the Provider only, to the exclusion of Noah. The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption. Please note that there are various advantages and disadvantages to using a telehealth service as opposed to a conventional medical appointment. By accepting these Terms, you acknowledge your understanding and agreement to the following:

• That you understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to you by the Provider.
• That you give your informed consent to the use of telemedicine by Providers affiliated with us.
• That the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in your medical care and treatment may include uses of technology not specifically described in these Terms.
• That you understand that while the use of telemedicine may provide potential benefits to you, as with any medical care service, no such benefits or specific results can be guaranteed. Your condition may not be cured or improved, and in some cases, may get worse.
• That you understand that our affiliated medical professionals may determine in his or her sole discretion that your condition is not suitable for treatment using telemedicine, and that you may need to seek medical care and treatment in-person or from an alternative source.
• That the same confidentiality and privacy protections that apply to other health care services also apply to these telemedicine services.
• That you have access to all of your health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
• That you can withhold or withdraw your consent to these Terms at any time by emailing us at hello@ofnoah.hk with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with the Providers.
• That you agree to allow your Provider to share information regarding the telemedicine examination or consultation with other individuals for treatment, payment and/or health care operations purposes, at their sole discretion.
• That you agree and authorize your Provider to release information regarding the telemedicine examination or consultation to us and our affiliates.   

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8. Your obligations

8.1       You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

8.2       If you are given a User ID [and password], you must keep your User ID [and password] secure and:

• not permit any other person to use your User ID [and password], including not disclosing or providing it to any other person; and
• immediately notify us if you become aware of any disclosure or unauthorised use of your User ID [and password], by sending an email to hello@ofnoah.hk          

8.3       You must:

• not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
• unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

8.4       You must obtain our prior written permission to establish a link to our Website. If you wish to do so, email your request to hello@ofnoah.hk.

8.5       You shall indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID [and password].

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9. Intellectual Property

We (and our licensors) own all proprietary and intellectual property rights in the Website(including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

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10. Disclaimers

10.1       We are simply a platform to allow you to seek the Services from the Providers on the Website. We do not assume the role of a professional medical body and does not provide any medical opinions, advice, or consultations or prescribe medication or other medical services. The relationship between we and you do not constitute a doctor-patient relationship. Any doctor-patient relationship established through the use of the Website is between you and the Providers who are providing the Services to you.

10.2      Any information, advice, opinion, diagnosis or treatment provided by Providers are made by and on behalf of that particular Provider. We are not liable or responsible and does not endorse or support or recommend any information, advice, opinion, diagnosis or treatment (if any) given by the Providers through or on the Website, or through any other avenues, for any reasons whatsoever.

10.3      All Services, materials and information that we provide on the Website is provided “as is” and “as available” without any warranty of any kind, express or implied. We shall have no liability for the consequences to you arising from or connected to your use of the Services or the materials and information on the Website.

10.4      We make no representation regarding and are not responsible for the accuracy, completeness, timeliness or utility of the materials or other information available from or through the Website or the qualifications or competence of the individual, companies or organisation who placed it there. You assume full risk and responsibility for the use of information you obtain from or through the Website, and agree that we are not responsible or liable for any claim, loss, or liability arising from the use of such materials and information.

10.5      We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on the Website relating to any products, items or services, including any Provider offering or providing services is not an endorsement or recommendation of them.

10.6      We, to the fullest extent permissible under applicable law, disclaim all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, with respect to the Services and materials and any information obtained on or through the Website.

10.7       Without limiting the foregoing, we do not represent that access to and transmission from the Website will be uninterrupted or error free, or that defects, if any, will be corrected; nor do we make any representations about, and disclaim responsibility for, the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Website, including the video and text functions, or any of the information contained therein. Additionally, access to and receipt of any transmission form the Website is subject to and dependent on the availability and quality of the internet, mobile and broadband services.

10.1       To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

• any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. For the avoidance of doubt, you are responsible for ensuring that the process by which you access and use the Website protects you from this;
• any site linked from the Website. Any link on the Website to other websites does not imply any endorsement, approval or recommendation of, or responsibility for, those websites or their contents, operations, products or operators; and
• the acts, omissions, defaults, breaches or neglects of the Providers of its obligations and responsibilities in performing the Services as independent contractors.

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11. Liability

11.1       To the maximum extent permitted by law:

• you access and use the Website at your own risk; and
• we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

11.2       Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of any applicable law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to HK$5000.

We shall not be responsible for any medical advice and treatment administered by Providers or our affiliated third parties. We shall not be liable for the acts, omissions, defaults, breaches or neglects of the Providers of their obligations and responsibilities in performing the Services as independent contractors. You understand and agree that all medical advice and treatment obtained through the Services are not provided by us and are between the Providers and you.

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12. Privacy Policy

We understand the importance of privacy with regards to your medical and user records. To find out more about our Privacy Policy, please visit our website set out above.

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13. Suspension & Termination

13.1       Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website(or any part of it).

13.2       On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

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14. General

14.1       If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

14.2       These Terms and the rights and obligations of the parties shall be governed by and construed in all respects in accordance with the laws of Hong Kong in relation to any legal action or proceedings to enforce these Terms or arising out of or in connection with the Terms or the Website. Each party irrevocably submits to the jurisdiction of the Hong Kong courts and waives any objection to proceeding in such courts on the grounds of venue or on the grounds that the action or proceedings have been brought in an inconvenient forum.

14.3       For us to waive a right under these Terms, the waiver must be in writing.

14.4       Headings used in these Terms are for reference only and shall not affect the construction of the Terms or have any binding legal effect.

14.5       Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8.5, 9, 10, 11 and 14.1, continue in force.

14.6       If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

14.7       These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel in all respects all previous agreements and undertakings, representations, warranties, assurances and arrangements of any nature, if any, between the parties with respect to the subject matter hereof, whether such be written or oral. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. 

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If there is any discrepancy between the English and Chinese versions of this Terms of Use, the English version shall prevail.

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