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WEBSITE
TERMS AND CONDITIONS:
1. HYY(BVI) Ltd & Integrated Chinese Herbal
Nutraceuticals Co Ltd. and any or all of its subsidiaries are hereafter
referred to as "hyy.com.hk".
2. The contents of this website are for reference, information and sourcing
purposes only in respect of goods and services in the medical and healthcare
field, and it is not intended to form a consultation or replace or supplement
the advice of your family doctor. If you ("User") need someone to provide
a cure for illness or any other ailment, you are advised to seek advice
from your family doctors.
3. We have tried our best to provide accurate and educational information
on this website, but we cannot guarantee the accuracy or suitability of
any of the information on the website. We reserve the right to amend any
contents on this website without notice. Further, we take no responsibility
for the accuracy or suitability of any information available on this site,
nor that of the products available for purchase, and Users are advised
to satisfy themselves in respect of such matters.
4. "User" shall mean any person (legal or natural) who participates in
any way in the website, in whatever capacity. This website is only available
for use to persons over the age of eighteen (18) years of age. "Participation"
in this website includes, but is not limited to, accessing the website
or being the producer, provider or recipient of information, goods or
services of or from the website, whether or not actual access was made.
ACCEPTANCE OF THE TERMS AND CONDITION
5. Use of the website by the User constitutes acceptance
of these terms and conditions, which hyy.com.hk may, at its absolute
discretion, amend from time to time by publishing notices on the website
to inform Users thereof.
6. The amended terms and conditions shall become effective immediately
after the relevant notice has been published on the website. It is the
Users' responsibility to read thoroughly and carefully the website for
any such notices.
GOODS AND SERVICES ON OUR WEBSITE
7.
Our website is intended to be a medium for integrating medical services
and e-commerce facilities in the field of healthcare, linking pharmaceutical
companies, credit card companies and medical and health consumers for
the purpose of information exchange and providing access to products and
services.
8. The website may contain information and advices given by third parties
on particular subject matters. The views expressed on the website are
the views of those persons who have contributed to it and do not constitute
the views or expressions of hyy.com.hk. We cannot and do not try
to control all the information that may be available on the website. It
is possible that information on the website may be offensive, harmful
or inaccurate, but hyy.com.hk cannot be responsible for such matters.
It is the responsibility of each User to evaluate the accuracy, completeness,
and usefulness of any information made available through this website,
and to consult with their medical practitioner in all cases, in order
to obtain proper medical care.
9. Products can be purchased from the website. Our services enable potential
buyers and sellers to locate one another, and we provide a gateway through
which such buyers and sellers can complete a transaction. We have no control
over the quality, safety or legality of any third party products and/or
services advertised for sale, nor the truth or accuracy of any statement
made by sellers in respect of their products and/or services. We cannot
ensure that a buyer or seller will actually complete a transaction, and
we cannot guarantee the quality or fitness for purpose of any of such
products or services. You will be solely responsible for any damage that
results from any such goods or services.
10. Aside from providing the financial means for Users to perform buy
and sell transactions hyy.com.hk is not involved in buyer and
seller dealings or disputes arising between them. You release us from
any and all claims, demands and damages of any kind and nature arising
out of or in any way connected with your dealings and disputes with any
third party and vendor listed on the website.
11.
In respect of "hyy.com.hk" branded products and any other products
that may be purchased on the website, such products are also purchased
by you at your own risk. hyy.com.hk cannot be responsible for
any damage or suffering caused to you should such products not be suitable
for you or if they result in any allegic or other reaction. Users acknowledge
that our products are purchased without our having knowledge or understanding
of any ailment with which you may be suffering.
12.
Our website may provide a "Forum" section, whereby Users can submit questions
to the website and which may be answered by individuals believed to be
knowledgeable in the field. The answers provided to Users represent the
views of the third party concerned and are for information and guidance
purposes only; and they do not constitute the views or expressions of
the operators of hyy.com.hk and are not intended to form a consultation
or replace and/or supplement the advice of your family doctor. hyy.com.hk
will not be responsible for any responses, nor the consequences of any
responses, given in the Q&A section, and Users are advised to exercise
judgement, and seek proper medical advice from their family doctor or
pharmacist.
13.
The website may include an open forum "Forum" facility, whereby Users
can conduct "live" on-line exchanges with other Users of the website.
hyy.com.hk has no control whatsoever over the identity of any
person entering and participating, viewing and/or contributing to the
chat room, and accepts no responsibility for the operation of the chat
room.
14. You acknowledge that if you provide another User or any third party
with any visual or written material or any information whatsoever, that
reveals any personal information about you, you assume all the associated
risks with such disclosure.
15. Users shall be responsible for all the information they provide to
the website. hyy.com.hk takes no responsibility to monitor or
control any content on the website and is therefore not responsible in
anyway whatsoever for such information provided by Users or third parties
on the website.
16. hyy.com.hk reserves the right to remove any information appearing
on the website in its absolute discretion without any prior notice to
the Users responsible for such information.
17. As a User you agree that information provided by you to the website
shall not (a) violate any applicable laws, ordinances, rules or regulations;
(b) infringe on the interests of other parties, including but not limited
to copyrights, patents, trade marks, trade secrets, other property rights
or rights of publication or privacy; (c) contain any elements of obscenity,
indecency or blasphemy; nor (d) be involved with any fraudulent act.
18. hyy.com.hk expressly disclaim all warranties, whether express
or implied, of whatever nature, in so far as the same is permitted by
law. Users are solely responsible for any damages incurred due to their
own act of negligence.
19. No advice or information or any other materials available from the
website, whether oral or written, obtained by you from the website or
through the services available on the website, shall create any warranty
not expressly stated in this agreement.
INDEMNITY
20. You agree to indemnify, keep indemnify and
hold harmless hyy.com.hk and our subsidiaries, affiliates, officers,
directors, agents and employees from any action, claim or demand, including
expenses and reasonable legal fees arising from any Users use, participation
or involvement in the website, including (but not limited to) breach by
you of Clause 17 above.
INTELLECTUAL PROPERTY RIGHTS
21. All intellectual property rights of whatever
nature in respect of the name, domain name, function and operation of
the website, and all information, data and any other content on the website
is the property of hyy.com.hk and may be not copied, sold or otherwise
exploited for any commercial purpose by any User.
22. All third party information on the website is the property of the
respective copyright owners, and Users may not duplicate or distribute
such information for commercial purposes.
23. Users agree to grant hyy.com.hk an irrevocable, perpetual,
non-exclusive, royalty free license to exercise the User's copyrights,
trade marks or publication rights over the internet and/or in our publicity
materials, in relation to the information provided by Users to the website,
which may then be used by Healthcom2U.com for operating the website and
for advertisement purposes, without prejudice to the interest of any User
concerned.
USE OF YOUR PERSONAL INFORMATION
24. Information collected by us from you will be
stored by us for our own internal purposes, and may be analysed statistically
for our internal purposes. In addition, unless you inform us of any objections,
information provided by you may be disclosed to third parties. Such disclosure
of information will not be personally identifiable to you, but will be
combined in aggregate for advertisers and for other marketing and promotional
purposes. Credit card and bank account numbers will not be disclosed.
25. Upon written request, we will confirm the personal information that
we currently have on you, and upon written request any such information
can be changed.
CONDUCTING TRANSACTIONS AND PAYMENT
26. At the time of ordering products on the website,
you are obliged to provide your credit card details in order that payment
can be recovered by hyy.com.hk prior to dispatching any goods
ordered. Whilst hyy.com.hk has taken all reasonable steps to ensure
the safety and security of your financial/credit information, we will
not be responsible for any losses suffered by you as a result of the misappropriation
or unauthorized use of your financial/credit information.
27. If a User wishes to purchase goods on the website, the User is required
to submit an Order for the goods by completing an Order form with all
of the required information. By submitting an Order to the website, the
User represents and warrants to us and to the vendor that they have the
right and ability to purchase the goods, and that the Order and all information
contained therein is accurate, current and complete and is not misleading
or otherwise deceptive.
28. hyy.com.hk shall be entitled to claim payment from the User's
credit card in the amount comprising of the total value of the goods ordered,
and any additional charges that fall due in respect of the Order or Shipment
thereof. Order cancellations are not accepted after payment has been processed.
29. All Orders are subject to availability and change, and any products
may be withdrawn without prior notice. hyy.com.hk or applicable
vendors will do their best to deliver any products ordered within a reasonable
time. However, we will not be liable for any losses of whatever nature
arising from delays, non-delivery, misdelivery or services interruptions
caused by us, any third party acts or any other web host provider or the
internet infrastructure and network external to the website. If you have
any queries regarding an order or delivery, please e-mail us at info@hyy.com.hk.
30.
If any provisions of this agreement is held unenforceable, the unenforceable
provision will be construed in accordance with the applicable law as nearly
as possible to reflect our intent, and all of the provisions will remain
in full force and effect.
31. These terms and conditions are available in English and Chinese. In the event there is any conflict or inconsistency between the English and the Chinese version, the English shall prevail.
32.
These terms and conditions are governed by the laws of the Hong Kong Special
Administrative Region of the People Republic of China and the parties
agree to submit to the jurisdiction of the courts of the Hong Kong Special
Administrative Region of the People Republic of China.
GENERAL:
All the Products sold by The hyy.com.hk through this site (the "Site") are sold subject to these
Terms and Conditions ("TOC"). By submitting your order for processing
in The hyy.com.hk you confirm and affirm that you
have read, understood and agreed to the TOC in the form in which they
appear at the time your order is submitted for processing.
The TOC shall be read in conjunction with the Buyer's Guide, Disclaimer
and the Personal Data & Privacy Statement. They shall constitute the entire
agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by The hyy.com.hk of any breach or default hereunder shall be deemed to be
a waiver of any proceeding or subsequent breach or default. If any provision
of these TOC shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from the TOC and shall not
affect the validity and enforceability of any other provisions of the
TOC. The headings and captions in these TOC are intended for convenience
only and shall in no way affect the interpretation of the TOC.
You shall provide The hyy.com.hk with complete and
updated information which shall include (but shall not be limited to)
your name, home address, telephone numbers, email address and credit card
number.
You shall provide The hyy.com.hk with an accurate
and complete credit card number and its expiration date and represent
and warrant to The hyy.com.hk that the use of the
credit card the details of which have been supplied, is authorized and
legal. The hyy.com.hk does not guarantee, warrant
or endorse any product ("Product") or service sold by a merchant in the
Site, nor does The hyy.com.hk have any liability
responsibility for the quality or performance of any Product or service
sold to you by any merchant. The purchase of any Product or service from
a merchant at the Site is a transaction solely between you and that merchant,
and any question or dispute you may have regarding any such Product or
service should be addressed directly to the responsible merchant. The
hyy.com.hk has no responsibility or liability for
any merchant or your relationship with such merchant.
INDEMNITY
You shall be liable for every order made under
your login name and agree to indemnify The hyy.com.hk
for all claims, damages whatsoever arising from the actions of a person
placing orders for the Products using your login. You shall be responsible
for updating your personal information including your credit card information.
You shall be responsible for notifying your bank of any changes to your
billing address or other information or loss, theft or unauthorized use
of your credit card.
TERMINATION
The hyy.com.hk has the
absolute discretion to refuse the potential customer for any reason whatsoever
and to terminate your purchase order for any reason whatsoever.
The hyy.com.hk shall make reasonable effort to
fulfill orders placed by you through the Site, but The hyy.com.hk shall not be liable to any person if The hyy.com.hk declines to fulfill an order for whatever reason, or if
The hyy.com.hk is unable to supply an order because
of an unforeseen change to the Products (as the case may be), or the unavailability
of the Products.
The hyy.com.hk reserves the right to decline
any order it may, in its opinion, consider unreliable upon having checked
the payment details submitted for that particular order.
The receipt by you of an order confirmation does not constitute The
hyy.com.hk's acceptance of an order. Prior to The hyy.com.hk's acceptance of an order, verification of information
may be required. The hyy.com.hk reserves the right
at any time after receipt of your order to accept or decline your order,
or any portion thereof, even after your receipt of an order confirmation
from The hyy.com.hk, for any reason. The hyy.com.hk reserves the right to limit the order quantity on any item
and refuse service to you without prior notification.
PRICE
The
prices, descriptions, details and sizes of any Product detailed on the
site are provided by individual merchants and do not imply endorsement
of them, or constitute a representation or warranty by The hyy.com.hk. The hyy.com.hk reserves the right to
vary the price and other details of the Products without prior notice.
The price of the Products is subject to price fluctuation and is offered
for guidance only.¡@Discrepancies between the on-line bill and the
final bill may be due to daily price changes. The hyy.com.hk reserves the right to adjust the final bill and such adjustments
shall be marked on the final bill presented to you at the time of delivery.
The hyy.com.hk may from time to time set credit limits
for you and The hyy.com.hk reserves the right to
limit sales by you including the right to prohibit sales to re-sellers.
PAYMENT
Payment
for any Product ordered through The hyy.com.hk can
be made by advance payment through credit card or cash on delivery. In
all circumstances, you have to provide credit card information for payment
or order fulfillment guarantee.
The
hyy.com.hk may change at any time the method by which
payments for The hyy.com.hk on-line orders may be
effected and such changes may be notified to by placing a notice to that
effect on the The hyy.com.hk.
DELIVERY
The
hyy.com.hk shall not be responsible for the delivery
of any Product. The hyy.com.hk shall not liable for
any delays in its delivery services. The hyy.com.hk
reserves the right to withhold delivery of any Product to you if it has
any doubts whatsoever as to your credit worthiness.
VARIATION / CANCELLATION OF ORDER
Once the order is confirmed, you cannot cancel or
modify the order. If you refuse to fulfill the order, Data Model Technology
has the right to charge HK$500 through the credit card provided by you.
RETURNS OF PRODUCTS
Not all pictures of the Products on this site will
correspond exactly to their descriptions. In such cases the written description
of a Product is more accurate. You shall not be entitled to return a Product
simply because it does not correspond exactly to its on-line picture.
If any Product which was not included in your order
is delivered to you by mistake, The hyy.com.hk reserves
the right to collect the wrong Product. No refund will be granted after
the order is confirmed.
WARRANTIES
No agent or representative of The hyy.com.hk is authorized to make any warranties, representations or
statements regarding the Products and The hyy.com.hk
shall not in any way be bound by any such unauthorized warranties, representations
or statements.
LIABILITY
To the maximum extent permitted by law, The hyy.com.hk expressly disclaims all warranties, express
or implied, with respect to merchantability, fitness for a particular
purpose, any implied warranties arising from course of performance or
course of conduct in relation to the Products.
Under no circumstances shall The hyy.com.hk, its supplier
or their respective directors, officers, employees or agents be liable
to you or to any third party for any indirect, consequential, incidental,
special, or punitive damages, including but not limited to lost profits
and business interruption, whether in contract or in tort, including negligence,
arising in any way from any product or service sold or provided on the
site, even if The hyy.com.hk is expressly advised of the possibility of
such damages. In no event shall The hyy.com.hk's liability
exceed the price you paid for the Product. You shall ensure that the Products
are not used for any purpose for which they are not suitable and shall
be responsible for using all necessary skill and care in handling and
using the Products. You expressly acknowledge and agree that The hyy.com.hk
assumes no obligation or liability for any advice or information given
with the Products and The hyy.com.hk shall not be responsible for any
inaccuracy or misstatement of any such information. The Products shall
be accepted by you entirely at your own risk.
INTELLECTUAL PROPERTY
The contents of the Site, such as text, graphics,
image, music, logos, button icons, links, HTML code, trademarks, software
and other material (collectively, the "Materials") and the compilation
(meaning the collection, arrangement and assembly) of all Materials on
the Site are protected under copyright, trademark and other applicable
laws. All Materials and compilation thereof is the exclusively property
of the The hyy.com.hk [or its content suppliers or
clients]. You and on-line visitors are prohibited from using the trademarks,
logos and service marks displayed on the Site without the prior written
permission of The hyy.com.hk or such other parties.
FORCE MAJEURE
If
the performance by The hyy.com.hk of its obligations
under TOC is prevented or delayed by any act beyond its reasonable control
including but not limited to acts or omissions occasioned by fire, casualty,
accident, act of God, natural disaster, any law, order, proclamation,
regulation, demand or requirement of the Government of the Hong Kong Special
Administrative Region ("Hong Kong") or of any of its government agencies,
strikes, labour disputes, shortage of labour or lack of skilled labour,
shortage or unavailability of products or raw materials, delay in transit
or other failure of the Internet or other data networks, The hyy.com.hk shall not be liable for the non-performance or
delay.
All matters and disputes related to these sales offers will be subject
to the final decision of The hyy.com.hk.
GOVERNING LAW
The TOC shall be governed by and construed in accordance
with the laws of Hong Kong.
JURISDICTION
You agree that any legal action or proceeding arising
out of or relating to the TOC may be brought in the courts of Hong Kong
and irrevocably submits to the non-exclusive jurisdiction of such courts.
INTELLECTUAL PROPERTY RIGHTS:
This site and any information available on it including,
but not limited to, text, graphics, icons, images and trade marks, are
protected by copyright, trade mark and other intellectual property rights
owned or controlled by The hyy.com.hk. You may not copy,
reproduce, republish, upload, download, post, transmit, store in retrieval
system, modify, alter or display in public or distribute in any way the
contents or any part of this site for any purpose without The hyy.com.hk' prior written permission except that you may download
materials displayed on the site for non-commercial, home personal use
only as long as you keep all copyright, trade mark and other proprietary
notices intact.
CONTENT
All reasonable efforts are made to ensure that the
information provided on this site is correct and up-to-date. However,
The hyy.com.hk disclaim all implied and/or express warranties
and make no representation as to the accuracy or completeness of any information
on the site. The hyy.com.hk' take no responsibility and
assume no liability for the content of the site or for anything posted
on or linked to it, including without limitation any mistake, error, omission,
infringement, defamation, falsehood, or other material or omission that
might offend or otherwise give rise to any claim or complaint, (See also
without limitation the words in capitals below).
LIMITATION OF LIABILITY
By accessing and using this site you acknowledge
and accept that the use of the site is at your own risk, The hyy.com.hk shall not be liable for any direct, indirect, incidental,
consequential or punitive damage or for damages for lost profits or for
loss of revenue arising out of any use of, access to, or inability to
use the site. Without limiting the foregoing:
THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED IN IT ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR IMPLIED TERMS AS TO TITLE,
QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, PRIVACY OR NON-INFRINGEMENT.
THE hyy.com.hk HAVE NO LIABILITY OR RESPONSIBILITY FOR
ANY ERRORS OR OMISSIONS IN THE CONTENTS OF THE SITE. THE hyy.com.hk ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE (TO THE
EXTENT PERMITTED BY LAW) FOR ANY DAMAGE OR INJURY ARISING OUT OF ANY USE
OF OR ACCESS TO THE SITE, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, INTERCEPTION OF ONLINE COMMUNICATION,
SOFTWARE OR HARDWARE PROBLEMS (INCLUDING WITHOUT LIMITATION LOSS OF DATA
OR COMPATIBILITY PROBLEMS), THEFT, DESTRUCTION OR ALTERATION OF THE SITE,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS PEHAVIOUR, NEGLIGENCE OR, UNDER
ANY OTHER CAUSE OF ACTION RESULTING DIRECTLY OR INDIRECTLY FROM ANY ACCESS
OR USE OF THE SITE, OR ANY UPLOADING, DOWNLOADING OR PUBLICATION OF DATA,
TEXT, IMAGES OR OTHER MATERIAL OR INFORMATION TO OR FROM THE SITE.
LINKS
The site may contain links to other sites and
pages which are not maintained or controlled by The hyy.com.hk and for which The hyy.com.hk are not responsible.
When you activate any of these links or pages you leave the The hyy.com.hk site and access to such a site or page is at your
own risk for which The hyy.com.hk disclaim all responsibility
and liability.
MATERIALS PROVIDED BY WEB USERS
This site may contain the materials provided
or posted by the web users, including but not limited to, all or part
of infoline, netbudsman, chat room and forum. The hyy.com.hk
has not edited or reviewed any of the aforesaid materials. The hyy.com.hk does not guarantee their completeness or accuracy. The
hyy.com.hk shall not be responsible and liable for any
accident, negligence, breach of contract, defamation, the infringement
of copyright or intellectual property as well as the losses (including
any infection of computer virus when downloading) incurred thereof, arising
from the materials provided or posted by web users. Unless stated otherwise,
the materials contained in this web site shall not represent any view
or opinion of The hyy.com.hk.
CHANGES
The hyy.com.hk reserve the right
but undertake no duty to review or edit or otherwise change this site
and any information contained on this site at its sole discretion and
without prior notice.