Terms of Service
Terms of Service
Health-Empowered Pets ("hep" or "we") is a digital pet care company that offers on demand video consultations and direct digital messaging with veterinarians. Please read these terms of service ("Terms of Service") carefully before accessing and/or using hep website's (i.e. https://www.health-empowered.com) ("Website") or Services (as defined below) made available on the Website, so that you are aware of your legal rights and obligations with respect to hep. By accessing any Website, purchasing or using any Services offered on the Website, you hereby agree to be legally bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please leave the Website and discontinue the use of the Website and/or all Services immediately.
PLEASE DO NOT USE THE WEBSITE AND/OR OUR SERVICES FOR MEDICAL EMERGENCY. IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY HOTLINE OR BRING YOUR PET TO THE NEAREST VETERINARY HOSPITAL.
Health-Empowered Pets ("hep" or "we") is a digital pet care company that offers on demand video consultations and direct digital messaging with veterinarians. Please read these terms of service ("Terms of Service") carefully before accessing and/or using hep website's (i.e. https://www.health-empowered.com) ("Website") or Services (as defined below) made available on the Website, so that you are aware of your legal rights and obligations with respect to hep. By accessing any Website, purchasing or using any Services offered on the Website, you hereby agree to be legally bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, please leave the Website and discontinue the use of the Website and/or all Services immediately.
PLEASE DO NOT USE THE WEBSITE AND/OR OUR SERVICES FOR MEDICAL EMERGENCY. IF YOUR PET IS EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL YOUR LOCAL EMERGENCY HOTLINE OR BRING YOUR PET TO THE NEAREST VETERINARY HOSPITAL.
USE OF THE WEBSITE AND/OR OUR SERVICES
USE OF THE WEBSITE AND/OR OUR SERVICES
As a condition of your use of our Website and/or our Services, you hereby represent and warrant that:
As a condition of your use of our Website and/or our Services, you hereby represent and warrant that:
You are at least 18 years of age and of sound mind. If you are under the age of 18, you confirm that you have your parent’s or legal guardian’s permission to use our Website and/or our Services;
You have full authority, power and capacity to enter into these Terms of Service and to perform its obligations hereunder;
You have read and understood these Terms of Service as well as any documents or terms incorporated herein by reference, and agreed to be bound by the same;
You will use our Website and/or our Services in accordance with these Terms of Service and for lawful purposes as stipulated by law;
You shall not abuse the Website and/or our Services in any way, and shall not use the Website and/or our Services in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of hep, its affiliates or related corporations, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Website and our Services made available on the Website;
You will only use our Website to purchase Services for a pet for whom you are legally authorised to act for;
You shall not take any action which is intended to, or would reasonably be expected to harm hep, its affiliates or related corporations and the Website, or which would reasonably be expected to bring hep, its affiliates or related corporations into disrepute;
All information supplied by you on our Website is true, accurate, current and complete; and
If you have an account with our Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
By accessing or using our services, you consent to being recorded on video for security, training, or other legitimate purposes. We reserve the right to use, reproduce, distribute, and display any such recordings in any format or medium for the purpose of protecting our users, employees, or property, or for any other lawful purpose.
You are at least 18 years of age and of sound mind. If you are under the age of 18, you confirm that you have your parent’s or legal guardian’s permission to use our Website and/or our Services;
You have full authority, power and capacity to enter into these Terms of Service and to perform its obligations hereunder;
You have read and understood these Terms of Service as well as any documents or terms incorporated herein by reference, and agreed to be bound by the same;
You will use our Website and/or our Services in accordance with these Terms of Service and for lawful purposes as stipulated by law;
You shall not abuse the Website and/or our Services in any way, and shall not use the Website and/or our Services in any manner which violates any law or regulations or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of hep, its affiliates or related corporations, to breach security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with another user’s use and enjoyment of the Website and our Services made available on the Website;
You will only use our Website to purchase Services for a pet for whom you are legally authorised to act for;
You shall not take any action which is intended to, or would reasonably be expected to harm hep, its affiliates or related corporations and the Website, or which would reasonably be expected to bring hep, its affiliates or related corporations into disrepute;
All information supplied by you on our Website is true, accurate, current and complete; and
If you have an account with our Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
By accessing or using our services, you consent to being recorded on video for security, training, or other legitimate purposes. We reserve the right to use, reproduce, distribute, and display any such recordings in any format or medium for the purpose of protecting our users, employees, or property, or for any other lawful purpose.
You undertake and agree to notify hep immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect. We retain the right at our sole and absolute discretion to deny you access to our Website and/or Services we offer, and/or terminate your account at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Service.
UPDATES
UPDATES
We regularly update, amend, delete or change any information provided on our Website. Although we will endeavour to ensure that all information contained on our Website is accurate, we do not guarantee that all information or prices on our Website will be complete and accurate.
We regularly update, amend, delete or change any information provided on our Website. Although we will endeavour to ensure that all information contained on our Website is accurate, we do not guarantee that all information or prices on our Website will be complete and accurate.
OUR SERVICES
OUR SERVICES
Our Website provides a pet care platform for remote medical consultations and other health and information services (“Services”). The Services made available on our Website may not be applicable to all pets, clients or all clinical situations. Some medical conditions are not suitable for remote medical consultations. If you are unsure whether you have been able to explain or communicate to the veterinarian your medical conditions and needs accurately or fully, or if you have any other concerns, you are recommended to seek advice from a veterinarian in person. You should not use our Services in an emergency, or if your pet has any conditions that you know or reasonably be expected to require a physical examination.
Our Website provides a pet care platform for remote medical consultations and other health and information services (“Services”). The Services made available on our Website may not be applicable to all pets, clients or all clinical situations. Some medical conditions are not suitable for remote medical consultations. If you are unsure whether you have been able to explain or communicate to the veterinarian your medical conditions and needs accurately or fully, or if you have any other concerns, you are recommended to seek advice from a veterinarian in person. You should not use our Services in an emergency, or if your pet has any conditions that you know or reasonably be expected to require a physical examination.
MEDICAL ADVICE
MEDICAL ADVICE
hep does not provide any medical advice. While our Website are designed to facilitate and support your consultations as well as the health decisions and choices that you make, the said decisions and choices are yours and you are ultimately responsible for the same.
You may ask questions on our Website or during private consultations. You may find answers to your questions on our Website, or the veterinarians may provide you with medical advice during and/or after your consultations. Such advice is the sole responsibility of the veterinarians, and hep shall in no way be liable or responsible for the same.
hep and our Website are not your veterinarian. When you participate in online consultations, you understand and agree that the advice given during the consultations are based on the information you provide to the veterinarians, including but not limited to your and your pet's health records, medical examination history and your description of the conditions or symptoms that your pet experience at the relevant time. You acknowledge and agree that you shall not hold hep, its affiliates or related corporations and the veterinarians responsible for any misdiagnoses as a result of inaccurate information given by you.
The veterinarians shall be solely responsible for determining the need for a face-to-face consultation with you and hep shall not be held liable for any misdiagnoses, acts or omissions of the veterinarians.
hep makes no claims or warranties as to the effectiveness of any Services made available on our Website. Any Services made available on our Website are for your information only and do not necessarily imply appropriateness for any particular individual or medical condition, or prediction of the effectiveness, outcome or success of such Services.
hep does not provide any medical advice. While our Website are designed to facilitate and support your consultations as well as the health decisions and choices that you make, the said decisions and choices are yours and you are ultimately responsible for the same.
You may ask questions on our Website or during private consultations. You may find answers to your questions on our Website, or the veterinarians may provide you with medical advice during and/or after your consultations. Such advice is the sole responsibility of the veterinarians, and hep shall in no way be liable or responsible for the same.
hep and our Website are not your veterinarian. When you participate in online consultations, you understand and agree that the advice given during the consultations are based on the information you provide to the veterinarians, including but not limited to your and your pet's health records, medical examination history and your description of the conditions or symptoms that your pet experience at the relevant time. You acknowledge and agree that you shall not hold hep, its affiliates or related corporations and the veterinarians responsible for any misdiagnoses as a result of inaccurate information given by you.
The veterinarians shall be solely responsible for determining the need for a face-to-face consultation with you and hep shall not be held liable for any misdiagnoses, acts or omissions of the veterinarians.
hep makes no claims or warranties as to the effectiveness of any Services made available on our Website. Any Services made available on our Website are for your information only and do not necessarily imply appropriateness for any particular individual or medical condition, or prediction of the effectiveness, outcome or success of such Services.
PAYMENT
PAYMENT
Access to and/or use of the relevant hep Website are at charges to be stipulated by hep from time to time, provided that you will be given the opportunity to decline or discontinue further access to and/or use of the relevant hep Website or Services if you do not agree with the charges.
There may be an option for an automatic renewal plan with the purchase of some services. If you agree to the automatic renewal of the service at the time of your purchase of such service, you agree that hep is authorised to automatically charge your credit or debit card at the time of renewal unless otherwise notified by you. You will receive an email notification when you enrol in an automatic renewal plan. For subsequent renewals, you will receive an email notification to remind you of your upcoming renewals and shipment details, if relevant. Your automatic renewal plan will continue until you cancel.
By providing your credit or debit card information (or other payment method accepted by hep from time to time) to hep, and as updated from time to time on your Account (your “Payment Method”), you authorise hep and/or our third-party payment processor to charge your Payment Method the then-effective rate for our Services. If your Payment Method cannot be authorised or is otherwise in error, we may suspend or cancel the Services provided to you. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website.
We use a third party payment service to process your Payment Method. We do not receive, store or process your Payment Method. By submitting your Payment Method through the Website, you agree that we may use a third party to receive, store and process your payment information ("Payment Information"). You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Information and other information to such third parties is subject to the conditions of the third party payment service provider's terms of service and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. The current third party payment processor is Stripe, and their current terms and conditions of service and privacy policy are available at https://stripe.com/us/privacy. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using industry standard security technology.
Unless otherwise provided in these Terms of Service, all purchases of Services are final, irreversible and non-refundable.
Access to and/or use of the relevant hep Website are at charges to be stipulated by hep from time to time, provided that you will be given the opportunity to decline or discontinue further access to and/or use of the relevant hep Website or Services if you do not agree with the charges.
There may be an option for an automatic renewal plan with the purchase of some services. If you agree to the automatic renewal of the service at the time of your purchase of such service, you agree that hep is authorised to automatically charge your credit or debit card at the time of renewal unless otherwise notified by you. You will receive an email notification when you enrol in an automatic renewal plan. For subsequent renewals, you will receive an email notification to remind you of your upcoming renewals and shipment details, if relevant. Your automatic renewal plan will continue until you cancel.
By providing your credit or debit card information (or other payment method accepted by hep from time to time) to hep, and as updated from time to time on your Account (your “Payment Method”), you authorise hep and/or our third-party payment processor to charge your Payment Method the then-effective rate for our Services. If your Payment Method cannot be authorised or is otherwise in error, we may suspend or cancel the Services provided to you. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your Account page on the Website.
We use a third party payment service to process your Payment Method. We do not receive, store or process your Payment Method. By submitting your Payment Method through the Website, you agree that we may use a third party to receive, store and process your payment information ("Payment Information"). You further agree that we will not be responsible for any failures of the third party to adequately protect your Payment Method and other information in such third party’s possession. You agree that your provision of your Payment Information and other information to such third parties is subject to the conditions of the third party payment service provider's terms of service and by providing your Payment Method and related information you agree to such third party’s terms and conditions of service. The current third party payment processor is Stripe, and their current terms and conditions of service and privacy policy are available at https://stripe.com/us/privacy. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using industry standard security technology.
Unless otherwise provided in these Terms of Service, all purchases of Services are final, irreversible and non-refundable.
NO WARRANTIES
NO WARRANTIES
Our Website and the Services made available on our Website are provided “as is”. Neither hep, the veterinarians, nor any other user of the Website, shall make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
While hep endeavours to ensure that the veterinarians are validly accredited and/or licensed to practise in their field of expertise, and that the content of our Website or the Services made available on our Website satisfy government regulations, hep shall not be held liable for any breach of government regulations which does not result from hep’s acts or omissions, and/or which is beyond hep’s reasonable control.
To the extent permitted by applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Service are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, hep disclaims any liability in relation to the same.
Our Website and the Services made available on our Website are provided “as is”. Neither hep, the veterinarians, nor any other user of the Website, shall make any express or implied warranties, including but not limited to implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose.
While hep endeavours to ensure that the veterinarians are validly accredited and/or licensed to practise in their field of expertise, and that the content of our Website or the Services made available on our Website satisfy government regulations, hep shall not be held liable for any breach of government regulations which does not result from hep’s acts or omissions, and/or which is beyond hep’s reasonable control.
To the extent permitted by applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in these Terms of Service are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, hep disclaims any liability in relation to the same.
INDEMNITY
INDEMNITY
To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless hep, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against any claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:
To the fullest extent permitted by the applicable law, you shall indemnify, defend and hold harmless hep, its directors, officers, agents, and employees, and its affiliated entities, successors and assigns, from and against any claims or demands, causes of action, judgments, liabilities, losses, costs and expenses (including, without limitation, reasonable legal fees) that may arise out of or result from:
Your access to and use of the Website;
Your purchase and/or use of the Services;
Any information posted or made available by you on the Website;
Anything you do using the Content and Website;
Any violation of applicable law or the rights of any third party that occurs through your use of the Content and Website;
Your breach or violation of these Terms of Service;
Any inaccuracy in any representation or warranty that you make under these Terms of Service;
Anything done or failure to do anything by you in carrying out your obligations under these Terms of Service; and/or
Any other wilful misconduct, default, unauthorised acts or wilful omission on your part.
Your access to and use of the Website;
Your purchase and/or use of the Services;
Any information posted or made available by you on the Website;
Anything you do using the Content and Website;
Any violation of applicable law or the rights of any third party that occurs through your use of the Content and Website;
Your breach or violation of these Terms of Service;
Any inaccuracy in any representation or warranty that you make under these Terms of Service;
Anything done or failure to do anything by you in carrying out your obligations under these Terms of Service; and/or
Any other wilful misconduct, default, unauthorised acts or wilful omission on your part.
CLAIMS AGAINST HEP
CLAIMS AGAINST HEP
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within six (6) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Website within six (6) years from the date on which such claim or cause of action arose or accrued or such claim or cause of action will be irrevocably waived.
COMPLIANCE WITH LOCAL LAW
COMPLIANCE WITH LOCAL LAW
Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Website and using the Services, you confirm that you understand your obligations under the local regulations applicable in the territory in which you are located and will comply with such local regulations.
The Website may be viewed internationally and may contain references to services not available or approved in all countries. References to a particular service do not imply that such service is appropriate or available for purchase by all persons in all locations, or that we intend to make such service available in such locations. We make no representation that all Services or Content described on or available through the Website are appropriate or available for use in locations outside of Hong Kong. You agree that you access our Website, purchase and use the Services on your own initiative and are responsible for compliance with all local law and regulations.
Every jurisdiction has its own law and regulations in respect of the use of telemedicine services (the “Local Regulations”). By accessing the Website and using the Services, you confirm that you understand your obligations under the local regulations applicable in the territory in which you are located and will comply with such local regulations.
The Website may be viewed internationally and may contain references to services not available or approved in all countries. References to a particular service do not imply that such service is appropriate or available for purchase by all persons in all locations, or that we intend to make such service available in such locations. We make no representation that all Services or Content described on or available through the Website are appropriate or available for use in locations outside of Hong Kong. You agree that you access our Website, purchase and use the Services on your own initiative and are responsible for compliance with all local law and regulations.
HEP’S COMPLIANCE WITH LOCAL LAW
HEP’S COMPLIANCE WITH LOCAL LAW
The performance of our obligations under these Terms of Service is subject to the existing law and legal process in the Hong Kong Special Administrative Region of the People’s Republic of China, and nothing contained in these Terms of Service Is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Website, purchase and use of Services, or information provided by us with respect to such access, purchase and use.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
The performance of our obligations under these Terms of Service is subject to the existing law and legal process in the Hong Kong Special Administrative Region of the People’s Republic of China, and nothing contained in these Terms of Service Is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access to and use of the Website, purchase and use of Services, or information provided by us with respect to such access, purchase and use.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
TRANSFER OF INFORMATION
TRANSFER OF INFORMATION
Any information you provide to us in connection with your use of the Website, purchase or use of Services will be transferred to our related companies or subsidiaries or authorised representatives in accordance with our Privacy Policy and the applicable law. By accessing and using our Website, you consent to this transfer of information, our Privacy Policy and these Terms of Service.
Any information you provide to us in connection with your use of the Website, purchase or use of Services will be transferred to our related companies or subsidiaries or authorised representatives in accordance with our Privacy Policy and the applicable law. By accessing and using our Website, you consent to this transfer of information, our Privacy Policy and these Terms of Service.
CANCELLATION OF ORDERS
CANCELLATION OF ORDERS
Notwithstanding any provisions of these Terms of Service, hep reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that hep refuses or cancels any order for any reasons, regardless if the reasons are unrelated to any wrongdoings or failure to comply with these Terms of Service on your part, hep shall refund the fees paid to you for the Services that have been refused or cancelled in the form of credits, that can be fully redeemed for future use.
For the avoidance of doubt, no cash refund shall be made to you in the event that your orders for any Services are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. Furthermore, hep reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. hep also reserves the right to impose a penalty in the event that you are late for your consultations.
Notwithstanding any provisions of these Terms of Service, hep reserves the right to refuse or cancel any order, wholly or in part, for any reason. In the event that hep refuses or cancels any order for any reasons, regardless if the reasons are unrelated to any wrongdoings or failure to comply with these Terms of Service on your part, hep shall refund the fees paid to you for the Services that have been refused or cancelled in the form of credits, that can be fully redeemed for future use.
For the avoidance of doubt, no cash refund shall be made to you in the event that your orders for any Services are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. Furthermore, hep reserves the right to impose a cancellation fee in the event that your orders are cancelled by you, or refused or cancelled by us due to any wrongdoings or failure to comply with these Terms of Service on your part. hep also reserves the right to impose a penalty in the event that you are late for your consultations.
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY
hep retains all right, title and interest in all of hep’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of hep’s Intellectual Property Rights for any reason whatsoever without hep’s prior written consent.
Without limiting the above, hep retains all Intellectual Property Rights over the source code and technical information relating to the Website, as well as all content and information ("Content") relating to the Website, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Service shall not confer any right or interest upon you to hep’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Website and the Services made available through the Website.
You shall not use the name, logo, trade mark, trade name, service mark or other symbol of or associated with hep for any purpose whatsoever without obtaining prior written consent of hep.
hep retains all right, title and interest in all of hep’s intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of hep’s Intellectual Property Rights for any reason whatsoever without hep’s prior written consent.
Without limiting the above, hep retains all Intellectual Property Rights over the source code and technical information relating to the Website, as well as all content and information ("Content") relating to the Website, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. These Terms of Service shall not confer any right or interest upon you to hep’s Intellectual Property Rights beyond the limited, non-exclusive, non-transferable, revocable right to access and use Website and the Services made available through the Website.
You shall not use the name, logo, trade mark, trade name, service mark or other symbol of or associated with hep for any purpose whatsoever without obtaining prior written consent of hep.
GOVERNING LAW & JURISDICTION
GOVERNING LAW & JURISDICTION
These Terms of Service and any dispute or claim arising from it or in connection with its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Hong Kong law. Both parties accept the exclusive jurisdiction of the courts of Hong Kong.
These Terms of Service and any dispute or claim arising from it or in connection with its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Hong Kong law. Both parties accept the exclusive jurisdiction of the courts of Hong Kong.
SEVERABILITY
SEVERABILITY
The invalidity or the unenforceability for any part of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.
The invalidity or the unenforceability for any part of these Terms of Service shall not affect the validity or enforceability of any other provision of these Terms of Service, which shall remain in full force and effect.
NO ASSIGNMENT
NO ASSIGNMENT
You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of hep. Any purported assignment in violation of this clause shall be deemed null and void.
You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining the prior written consent of hep. Any purported assignment in violation of this clause shall be deemed null and void.
RIGHTS OF THIRD PARTIES
RIGHTS OF THIRD PARTIES
Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce any term of this Terms of Service.
Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce any term of this Terms of Service.
NO RELATIONSHIP
NO RELATIONSHIP
Nothing in these Terms of Service shall be construed to constitute a partnership, agency, or joint venture between you and hep, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind hep or to create liability on the part of hep.
Nothing in these Terms of Service shall be construed to constitute a partnership, agency, or joint venture between you and hep, and you shall not have, or represent to any third party whether by words or by actions that you have, the authority or power to bind hep or to create liability on the part of hep.
QUESTIONS
QUESTIONS
Should you have any comments and/or queries on these Terms of Service, please send us an email at admin@health-empowered.com.
Should you have any comments and/or queries on these Terms of Service, please send us an email at admin@health-empowered.com.
PRIVACY
PRIVACY
If you provide any personal data to us during the registration process or otherwise, you consent to our collection, use, processing and disclosure of your personal data in accordance with our Privacy Policy (a copy of which is available at https://www.health-empowered.com/).
If you provide any personal data to us during the registration process or otherwise, you consent to our collection, use, processing and disclosure of your personal data in accordance with our Privacy Policy (a copy of which is available at https://www.health-empowered.com/).
Terms and Conditions for Pricing, fees and charges
These terms and conditions govern the use of our website and the purchase of our services. By using our website or purchasing our services, you accept these terms and conditions in full. If you disagree with these terms and conditions, please do not use our website or purchase our services.
These terms and conditions govern the use of our website and the purchase of our services. By using our website or purchasing our services, you accept these terms and conditions in full. If you disagree with these terms and conditions, please do not use our website or purchase our services.
Pricing
Pricing
All references to prices, fees or rates displayed are in Hong Kong Dollars (HKD) unless otherwise stated. All prices are subjected to taxes, unless otherwise stated.
All references to prices, fees or rates displayed are in Hong Kong Dollars (HKD) unless otherwise stated. All prices are subjected to taxes, unless otherwise stated.
Payment
Payment
Payment for our services, including any relevant taxes, must be made in full at checkout.
Payment for our services, including any relevant taxes, must be made in full at checkout.
Delivery
Delivery
Delivery charges may apply and will be added to the total amount due at checkout.
Delivery charges may apply and will be added to the total amount due at checkout.
Liability
Liability
To the maximum extent permitted by law, we shall not be liable for any loss, damage or expense arising from the use of our website, the purchase of our services, or any delay in delivery or failure to deliver our services.
To the maximum extent permitted by law, we shall not be liable for any loss, damage or expense arising from the use of our website, the purchase of our services, or any delay in delivery or failure to deliver our services.
Governing Law
Governing Law
These terms and conditions shall be governed by, and construed in accordance with, the laws of Hong Kong. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Hong Kong which courts shall have exclusive jurisdiction.
These terms and conditions shall be governed by, and construed in accordance with, the laws of Hong Kong. The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with this Agreement through amicable negotiations (which shall be commenced by either party giving written notice to the other). In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Hong Kong which courts shall have exclusive jurisdiction.
Changes to Terms and Conditions
Changes to Terms and Conditions
We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to regularly review these terms and conditions to ensure that you are aware of any changes.
We reserve the right to change these terms and conditions at any time without notice. It is your responsibility to regularly review these terms and conditions to ensure that you are aware of any changes.
Terms and Conditions for direct messaging service
Service Description
Service Description
Any advice provided through our direct messaging service is general in nature and will not be specific to a particular pet. The advice received on our direct messaging service does not constitute a formal veterinary consultation. If you require a consultation, please book a video consultation or seek help at your closest clinic.
Our direct messaging service is not meant for emergency situations. If you believe your pet is unwell, please book a consultation to seek veterinary attention. Our staff reserve the right to reject or refer any cases which they deem unsuitable for advice via our direct messaging service.
Our direct messaging service will not allow for prescriptions to be issued, and cannot support the sale of prescription only products.
Any advice provided through our direct messaging service is general in nature and will not be specific to a particular pet. The advice received on our direct messaging service does not constitute a formal veterinary consultation. If you require a consultation, please book a video consultation or seek help at your closest clinic.
Our direct messaging service is not meant for emergency situations. If you believe your pet is unwell, please book a consultation to seek veterinary attention. Our staff reserve the right to reject or refer any cases which they deem unsuitable for advice via our direct messaging service.
Our direct messaging service will not allow for prescriptions to be issued, and cannot support the sale of prescription only products.
User Obligations
User Obligations
Users of our direct messaging service need to provide accurate and complete information, and are obligated to not using the service for any unlawful or unethical purpose.
Users of our direct messaging service need to provide accurate and complete information, and are obligated to not using the service for any unlawful or unethical purpose.
Limitation of Liability
Limitation of Liability
Any advice provided through our direct messaging service will be Intellectual Property. hep reserves the rights to any intellectual property rights in the service and any content provided through the service.
Any advice provided through our direct messaging service will be Intellectual Property. hep reserves the rights to any intellectual property rights in the service and any content provided through the service.
Privacy and Confidentiality
Privacy and Confidentiality
Any information provided via the service, along with any recommendations made, you consent to our collection, use, processing and disclosure of your personal data.
Any information provided via the service, along with any recommendations made, you consent to our collection, use, processing and disclosure of your personal data.
Provider Terms of Use
These Terms of Use are a binding agreement between Health-Empowered Pets (“hep”) and you as a Clinic or Healthcare Provider (“you”, or “Provider”).
These Terms of Use are a binding agreement between Health-Empowered Pets (“hep”) and you as a Clinic or Healthcare Provider (“you”, or “Provider”).
Use of the Platform
Use of the Platform
1.1. hep operates the website www.health-empowered.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Platform”). By accessing the Platform in your capacity as a Provider, you agree to be bound by these Terms of Use.
1.2. hep grants the Provider limited non-exclusive, non-transferable rights to use the Platform subject to these Terms of Use and any separate agreement you may have entered with hep.
1.3. You agree that you are accessing the Platform as an independent, third-party entity and that you and hep neither represent nor are liable for each other in any way whatsoever.
1.1. hep operates the website www.health-empowered.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Platform”). By accessing the Platform in your capacity as a Provider, you agree to be bound by these Terms of Use.
1.2. hep grants the Provider limited non-exclusive, non-transferable rights to use the Platform subject to these Terms of Use and any separate agreement you may have entered with hep.
1.3. You agree that you are accessing the Platform as an independent, third-party entity and that you and hep neither represent nor are liable for each other in any way whatsoever.
The Platform
The Platform
The Platform facilitates the provision of animal healthcare by enabling the user (“User”, or “Client”) to engage with veterinary professionals (“Healthcare Providers”) to obtain veterinary services for their pets or the pets in their care (“Patients”) via remote diagnosis and treatment (“Services”). Healthcare Providers practising Services on the Platform are required to comply with hep’s Guidelines for Telemedicine Services, and as updated from time to time.
The Platform facilitates the provision of animal healthcare by enabling the user (“User”, or “Client”) to engage with veterinary professionals (“Healthcare Providers”) to obtain veterinary services for their pets or the pets in their care (“Patients”) via remote diagnosis and treatment (“Services”). Healthcare Providers practising Services on the Platform are required to comply with hep’s Guidelines for Telemedicine Services, and as updated from time to time.
Healthcare Providers’ Obligations
Healthcare Providers’ Obligations
As a Healthcare Provider, you agree to:
3.1. hold and maintain all licences, permits and approvals as may be required to provide the Services, including a valid veterinary licence from the Veterinary Surgeons Board of Hong Kong or the local equivalent regulatory body;
3.2. possess the appropriate level of training, expertise and experience to provide the Services, and submit documentary proof of your qualifications and valid licences to hep as soon as reasonably practicable or upon request;
3.3. comply at all times with (i) any requirements of the valid veterinary licence issued to you from time to time; and (ii) the Code of Practice for the Guidance of Registered Veterinary Surgeons issued by the Veterinary Surgeons Board of Hong Kong, or the code of ethics for veterinarians issued by the local equivalent regulatory body, from time to time;
3.4. immediately notify hep of any changes to your licences, permits or qualifications and to update hep with supporting documents as soon as reasonably practicable;
3.5. discuss with hep on a monthly basis, to facilitate the provision of continued and improved Services on the Platform;
3.6. cooperate with and among (i) other Providers on the Platform; and (ii) hep’s collaborative partners;
3.7. provide the Services as required, subject to your reasonable availability;
3.8. pay all ancillary costs, including transportation, required for you to provide the Services; and
3.9. adhere to the Guidelines on Telemedicine Services as updated from time to time.
As a Healthcare Provider, you agree to:
3.1. hold and maintain all licences, permits and approvals as may be required to provide the Services, including a valid veterinary licence from the Veterinary Surgeons Board of Hong Kong or the local equivalent regulatory body;
3.2. possess the appropriate level of training, expertise and experience to provide the Services, and submit documentary proof of your qualifications and valid licences to hep as soon as reasonably practicable or upon request;
3.3. comply at all times with (i) any requirements of the valid veterinary licence issued to you from time to time; and (ii) the Code of Practice for the Guidance of Registered Veterinary Surgeons issued by the Veterinary Surgeons Board of Hong Kong, or the code of ethics for veterinarians issued by the local equivalent regulatory body, from time to time;
3.4. immediately notify hep of any changes to your licences, permits or qualifications and to update hep with supporting documents as soon as reasonably practicable;
3.5. discuss with hep on a monthly basis, to facilitate the provision of continued and improved Services on the Platform;
3.6. cooperate with and among (i) other Providers on the Platform; and (ii) hep’s collaborative partners;
3.7. provide the Services as required, subject to your reasonable availability;
3.8. pay all ancillary costs, including transportation, required for you to provide the Services; and
3.9. adhere to the Guidelines on Telemedicine Services as updated from time to time.
Healthcare Providers’ Responsibilities
Healthcare Providers’ Responsibilities
As a Healthcare Provider, your responsibilities are to:
4.1. assume the sole duty of care for the Patient following acceptance of the Video Consultation;
4.2. ensure that a valid Veterinary-Client-Patient-Relationship (“VCPR”) is established;
4.3. prescribe medications, vaccinations and supplements to Patients in accordance with your medical expertise;
4.4. keep a record of all medications, vaccinations and supplements prescribed;
4.5. keep a record of all Patient medical records;
4.6. refer Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable; and
4.7. liaise with hep to arrange for the transportation of Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable.
As a Healthcare Provider, your responsibilities are to:
4.1. assume the sole duty of care for the Patient following acceptance of the Video Consultation;
4.2. ensure that a valid Veterinary-Client-Patient-Relationship (“VCPR”) is established;
4.3. prescribe medications, vaccinations and supplements to Patients in accordance with your medical expertise;
4.4. keep a record of all medications, vaccinations and supplements prescribed;
4.5. keep a record of all Patient medical records;
4.6. refer Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable; and
4.7. liaise with hep to arrange for the transportation of Patients to the Clinic or other vet clinics for further treatment when treatment via Telemedicine Services are deemed unsuitable.
Content
Content
The Platform enables Users and Providers to upload, share or make available text, images, videos, information or other material (“Content”).
5.1. By making available Content on or through the Platform, you:
a) are responsible for the legality, reliability and appropriateness of the Content;
b) warrant that you own or are otherwise authorised to use and share the Content;
c) retain any and all rights to the Content, but grant hep the right and licence to use, modify, reproduce, display and distribute the Content.
5.2. All medical records created, amended, or modified in the course of the provision of Services on the Platform shall be owned and remain with hep.
5.3. You reserve the right to copy in entirety any medical records that were generated or added to by you as a Provider on the Platform.
5.4. Any other Content found on or through the Platform is owned by hep or used with permission. You may not use, reproduce, distribute, share or download the Content without hep’s express prior written authorisation.
The Platform enables Users and Providers to upload, share or make available text, images, videos, information or other material (“Content”).
5.1. By making available Content on or through the Platform, you:
a) are responsible for the legality, reliability and appropriateness of the Content;
b) warrant that you own or are otherwise authorised to use and share the Content;
c) retain any and all rights to the Content, but grant hep the right and licence to use, modify, reproduce, display and distribute the Content.
5.2. All medical records created, amended, or modified in the course of the provision of Services on the Platform shall be owned and remain with hep.
5.3. You reserve the right to copy in entirety any medical records that were generated or added to by you as a Provider on the Platform.
5.4. Any other Content found on or through the Platform is owned by hep or used with permission. You may not use, reproduce, distribute, share or download the Content without hep’s express prior written authorisation.
Intellectual Property
Intellectual Property
6.1. The Platform and its entire contents, features and functionality (excluding Content made available by Users or Providers) are owned exclusively by hep.
6.1. The Platform and its entire contents, features and functionality (excluding Content made available by Users or Providers) are owned exclusively by hep.
Use of Name and Profile
Use of Name and Profile
7.1. The Providers consent to the use of their trade name, trademarks, logos and veterinarian profiles in descriptive material and publications for the purpose of disclosing that the Provider provides Services on the Platform under these Terms of Use.
7.2. Except as otherwise provided herein, neither Party shall have any right, express or implied, to use in any manner the name or other designation of the other Party or any other trade name, trademark or logo of the other Party for any purpose without the prior express written permission of the other Party.
7.1. The Providers consent to the use of their trade name, trademarks, logos and veterinarian profiles in descriptive material and publications for the purpose of disclosing that the Provider provides Services on the Platform under these Terms of Use.
7.2. Except as otherwise provided herein, neither Party shall have any right, express or implied, to use in any manner the name or other designation of the other Party or any other trade name, trademark or logo of the other Party for any purpose without the prior express written permission of the other Party.
Confidentiality
Confidentiality
8.1. Confidential information means all confidential information (however recorded or preserved) disclosed to you by hep or its representatives or discovered on the Platform, including but not limited to:
(a) the existence and terms of any separate agreement you may have entered with hep; and
(b) any information that would be regarded as confidential by a reasonable businessperson relating to:
i) the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of hep;
ii) the operations, processes, product information, know-how, designs, trade secrets or software of hep; and
iii) any information developed by you and/or hep in the course of providing the Services on the Platform or in carrying out any separate agreement with hep.
8.2. You agree that you shall not, at any time while as a Provider on the Platform, and for a period of five (5) years after termination as a Provider, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of hep, except as permitted by this Confidentiality Clause.
8.3. Upon termination as a Provider on the Platform, all of hep’s confidential information in your possession will be returned to hep and/or erased from your computer systems (to the extent possible).
8.4. You may disclose hep’s confidential information:
(a) to your employees, officers, representatives or advisers who need to know such information for the purposes of exercising your rights or carrying out your obligations under or in connection with providing Services on the Platform. You shall ensure that your employees, officers, representatives or advisers comply with this Confidentiality Clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.5. You shall not use hep's confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with the Services provided on the Platform or any separate agreement made with hep.
8.1. Confidential information means all confidential information (however recorded or preserved) disclosed to you by hep or its representatives or discovered on the Platform, including but not limited to:
(a) the existence and terms of any separate agreement you may have entered with hep; and
(b) any information that would be regarded as confidential by a reasonable businessperson relating to:
i) the business, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of hep;
ii) the operations, processes, product information, know-how, designs, trade secrets or software of hep; and
iii) any information developed by you and/or hep in the course of providing the Services on the Platform or in carrying out any separate agreement with hep.
8.2. You agree that you shall not, at any time while as a Provider on the Platform, and for a period of five (5) years after termination as a Provider, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of hep, except as permitted by this Confidentiality Clause.
8.3. Upon termination as a Provider on the Platform, all of hep’s confidential information in your possession will be returned to hep and/or erased from your computer systems (to the extent possible).
8.4. You may disclose hep’s confidential information:
(a) to your employees, officers, representatives or advisers who need to know such information for the purposes of exercising your rights or carrying out your obligations under or in connection with providing Services on the Platform. You shall ensure that your employees, officers, representatives or advisers comply with this Confidentiality Clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
8.5. You shall not use hep's confidential information for any purpose other than to exercise your rights and perform your obligations under or in connection with the Services provided on the Platform or any separate agreement made with hep.
Data Protection
Data Protection
9.1. Personal data means data, whether true or not, about an individual who can be identified:
(a) from that data alone; or
(b) from that data and other information which you have or are likely to have access.
9.2. You must comply with all of your obligations under the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong and any other applicable legislation in relation to the personal data of the Patients’ owners or authorised caregivers (“Clients”) obtained from the Platform ("Personal Data"), at your own cost.
9.3. You shall only process, use or disclose the Personal Data:
(a) strictly for the purposes of fulfilling your obligations and providing the Services required on the Platform or any separate agreement made with hep;
(b) with hep's prior written consent; or
(c) when required by law or an order of court, but shall notify hep as soon as practicable before complying with such law or order of court at its own costs.
9.4. You shall protect the Personal Data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information and communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Personal Data, or other similar risks.
9.1. Personal data means data, whether true or not, about an individual who can be identified:
(a) from that data alone; or
(b) from that data and other information which you have or are likely to have access.
9.2. You must comply with all of your obligations under the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong and any other applicable legislation in relation to the personal data of the Patients’ owners or authorised caregivers (“Clients”) obtained from the Platform ("Personal Data"), at your own cost.
9.3. You shall only process, use or disclose the Personal Data:
(a) strictly for the purposes of fulfilling your obligations and providing the Services required on the Platform or any separate agreement made with hep;
(b) with hep's prior written consent; or
(c) when required by law or an order of court, but shall notify hep as soon as practicable before complying with such law or order of court at its own costs.
9.4. You shall protect the Personal Data in your control or possession by making reasonable security arrangements (including, where appropriate, physical, administrative, procedural and information and communications technology measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of the Personal Data, or other similar risks.
Compliance
Compliance
10.1. In providing Services on the Platform or in respect of any separate agreement made with hep, you shall comply with:
(a) all applicable laws, statutes and regulations from time to time in force; and
(b) hep’s prevailing business policies.
10.1. In providing Services on the Platform or in respect of any separate agreement made with hep, you shall comply with:
(a) all applicable laws, statutes and regulations from time to time in force; and
(b) hep’s prevailing business policies.
Indemnification
Indemnification
11.1. You shall indemnify and hold harmless hep, its related and affiliate companies, its and their shareholders, directors, officers, employees, agents, contractors (collectively, “Indemnified Parties”) from and against all claims, demands, proceedings, judgements, losses, damages, costs, and expenses of any nature (including legal costs and other expenses incidental thereto on a full indemnity basis) which the Indemnified Parties may incur or suffer in respect of:
(a) any loss of life, personal injury and/or damage arising from or out of any occurrences whatsoever in the provision of the Services;
(b) any loss or damage in connection with any breach or default by you in respect of these Terms of Use or any separate agreement made with hep;
(c) any claims against the Indemnified Parties by any party in relation to any matter arising out of or in connection with the provision of the Services or performance or non-performance of your obligations under these Terms of Use or any separate agreement made with hep; or
(d) any loss or damage whatsoever resulting from any act or omission by you in the provision of the Services.
11.1. You shall indemnify and hold harmless hep, its related and affiliate companies, its and their shareholders, directors, officers, employees, agents, contractors (collectively, “Indemnified Parties”) from and against all claims, demands, proceedings, judgements, losses, damages, costs, and expenses of any nature (including legal costs and other expenses incidental thereto on a full indemnity basis) which the Indemnified Parties may incur or suffer in respect of:
(a) any loss of life, personal injury and/or damage arising from or out of any occurrences whatsoever in the provision of the Services;
(b) any loss or damage in connection with any breach or default by you in respect of these Terms of Use or any separate agreement made with hep;
(c) any claims against the Indemnified Parties by any party in relation to any matter arising out of or in connection with the provision of the Services or performance or non-performance of your obligations under these Terms of Use or any separate agreement made with hep; or
(d) any loss or damage whatsoever resulting from any act or omission by you in the provision of the Services.
Limitation of Liability
Limitation of Liability
12.1. You expressly agree that use of the Platform is at your sole risk. Hep provides the Platform on an “as is” and “as available” basis. hep expressly disclaims with respect to the provision of Services and the use of the Platform all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, lack of viruses, accuracy of completeness of responses, results, workmanlike effort and lack of negligence. You assume total responsibility and risk for your use of the Platform and related services.
12.2. You acknowledge and agree that hep does not provide veterinary medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party providers, including veterinarians and other veterinary professionals in the hep network.
12.3. Notwithstanding anything herein contained, the Indemnified Parties shall not be liable to you nor shall you have any claim of any nature against the Indemnified Parties in respect of or arising out of:
(a) any interruption, disruption or cessation in your provision of Services for any reason whatsoever; or
(b) any damage, injury or loss caused by other members or persons in the provision of Services.
12.4. The Indemnified Parties shall not be responsible to you nor to any other persons for any:
(a) accident, happening or injury suffered in the provision of Services;
(b) damage to or loss of any goods or property in relation to the provision of Services; or
(c) act, omission, default or negligence of any employee, servant, agent, affiliate and/or service providers of the Indemnified Parties.
12.5. The Indemnified Parties shall not under any circumstances have any liability to you nor to any party for loss of business, loss of profits, loss of anticipated savings, loss or damage to data, third party claims or any consequential or indirect loss for any reason whatsoever.
12.1. You expressly agree that use of the Platform is at your sole risk. Hep provides the Platform on an “as is” and “as available” basis. hep expressly disclaims with respect to the provision of Services and the use of the Platform all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to merchantability, fitness for a particular purpose, lack of viruses, accuracy of completeness of responses, results, workmanlike effort and lack of negligence. You assume total responsibility and risk for your use of the Platform and related services.
12.2. You acknowledge and agree that hep does not provide veterinary medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting pet owners with independent third-party providers, including veterinarians and other veterinary professionals in the hep network.
12.3. Notwithstanding anything herein contained, the Indemnified Parties shall not be liable to you nor shall you have any claim of any nature against the Indemnified Parties in respect of or arising out of:
(a) any interruption, disruption or cessation in your provision of Services for any reason whatsoever; or
(b) any damage, injury or loss caused by other members or persons in the provision of Services.
12.4. The Indemnified Parties shall not be responsible to you nor to any other persons for any:
(a) accident, happening or injury suffered in the provision of Services;
(b) damage to or loss of any goods or property in relation to the provision of Services; or
(c) act, omission, default or negligence of any employee, servant, agent, affiliate and/or service providers of the Indemnified Parties.
12.5. The Indemnified Parties shall not under any circumstances have any liability to you nor to any party for loss of business, loss of profits, loss of anticipated savings, loss or damage to data, third party claims or any consequential or indirect loss for any reason whatsoever.
Insurance
Insurance
13.1. You shall maintain, at your own expense, suitable professional indemnity insurance and any other insurance in form and amount appropriate to insure your business, property, and to cover any liability to third parties or to your employees or contractors.
13.2. hep may request proof of your insurance coverage at any time.
13.1. You shall maintain, at your own expense, suitable professional indemnity insurance and any other insurance in form and amount appropriate to insure your business, property, and to cover any liability to third parties or to your employees or contractors.
13.2. hep may request proof of your insurance coverage at any time.
Termination
Termination
14.1. You may terminate your account as a Provider on the Platform by emailing to admin@health-empowered.com.
14.2. hep reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.
14.1. You may terminate your account as a Provider on the Platform by emailing to admin@health-empowered.com.
14.2. hep reserves the right, in its sole discretion, to deny or suspend access to the Platform to anyone for any reason without notice.
General
General
15.1. Governing Law. These Terms of Use and any separate agreement made with hep which links to these Terms of Use shall be governed by and construed in accordance with Hong Kong Law. Both Parties accept the exclusive jurisdiction of the courts of Hong Kong.
15.2. Right to Modify. hep may amend, at its sole discretion, these Terms of Use at any time. Continued use of the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
15.3. Notice. Any notice, demand or other communications required or permitted to be given or made shall be in writing and may be given or made by letter or email. Notices are deemed to be served on hep, if delivered to hep’s registered office address or emailed to admin@health-empowered.com for the attention of the business owners; and to the Provider, if delivered to your registered office address, Practice address or email addresses provided by you. The Parties may designate an alternative address or email address by notice in writing to the other Party. Notices shall be deemed to have been received, in the case of email, at the time of dispatch, and in the case of a letter by hand or prepaid AR registered post, the day of actual receipt.
15.4. Severability. The invalidity or unenforceability of any provisions of these Terms of Use or separate agreement made with hep shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
15.5. No Waiver. The failure of hep to insist upon strict adherence to any term of these Terms of Use or any separate agreement made with hep on any occasion shall not constitute a waiver of hep’s rights. hep shall not be deprived of the right thereafter to insist upon strict adherence to that term or any other term.
15.6. Survival. The termination of any separate agreement made with hep or your account as a Provider on the Platform or shall not affect any rights that may have accrued to hep arising out of or in relation to any breach made by you.
15.7. Contracts. A person who is not a Provider under these Terms of Use or a Party to any separate agreement made with hep has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce or to enjoy the benefit of any term of these Terms of Use or any separate agreement made with hep.
15.1. Governing Law. These Terms of Use and any separate agreement made with hep which links to these Terms of Use shall be governed by and construed in accordance with Hong Kong Law. Both Parties accept the exclusive jurisdiction of the courts of Hong Kong.
15.2. Right to Modify. hep may amend, at its sole discretion, these Terms of Use at any time. Continued use of the Platform following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
15.3. Notice. Any notice, demand or other communications required or permitted to be given or made shall be in writing and may be given or made by letter or email. Notices are deemed to be served on hep, if delivered to hep’s registered office address or emailed to admin@health-empowered.com for the attention of the business owners; and to the Provider, if delivered to your registered office address, Practice address or email addresses provided by you. The Parties may designate an alternative address or email address by notice in writing to the other Party. Notices shall be deemed to have been received, in the case of email, at the time of dispatch, and in the case of a letter by hand or prepaid AR registered post, the day of actual receipt.
15.4. Severability. The invalidity or unenforceability of any provisions of these Terms of Use or separate agreement made with hep shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect.
15.5. No Waiver. The failure of hep to insist upon strict adherence to any term of these Terms of Use or any separate agreement made with hep on any occasion shall not constitute a waiver of hep’s rights. hep shall not be deprived of the right thereafter to insist upon strict adherence to that term or any other term.
15.6. Survival. The termination of any separate agreement made with hep or your account as a Provider on the Platform or shall not affect any rights that may have accrued to hep arising out of or in relation to any breach made by you.
15.7. Contracts. A person who is not a Provider under these Terms of Use or a Party to any separate agreement made with hep has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of Hong Kong to enforce or to enjoy the benefit of any term of these Terms of Use or any separate agreement made with hep.
Health-Empowered Pets last updated: 24 June 2024
© 2024 Copyrights by HEP. All Rights Reserved.
© 2024 Copyrights by HEP. All Rights Reserved.
© 2024 Copyrights by HEP. All Rights Reserved.
SOCIAL SHARING FEATURES AND LINKS TO OTHER WEBSITES
SOCIAL SHARING FEATURES AND LINKS TO OTHER WEBSITES
Our Website may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share links to our Website. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites do not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.
You are therefore advised to visit the privacy policies and terms of service of the entities that provide these social sharing features, social media and websites.
Our Website may offer social sharing features, links to social media and other integrated tools. In addition, we may, from time to time, provide you with links to other websites for your convenience and information, or other third-party websites may share links to our Website. We do not control such other social sharing features, social media and websites, and are not responsible for their contents, privacy practices or other practices. Our inclusion of links to such other social sharing features, social media and websites do not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators.
You are therefore advised to visit the privacy policies and terms of service of the entities that provide these social sharing features, social media and websites.