NOTE TO USER

1. DEFINITIONS

• In this Note, unless the context otherwise requires:

• Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.

2. MEDIQ SERVICES

• MEDIQ is engaged by the Practitioner to provide MEDIQ Services. In consideration of providing MEDIQ Services to the Practitioners, MEDIQ will receive service charges from the Practitioner.

• MEDIQ Services includes, but not limited to, conveying messages between the Practitioner and the User, delivering Practitioner’s details and information to the User, delivering preliminary the User’s preliminary medical information to the Practitioner, arranging medical appointment with the Practitioner and the User, providing User caring services and etc.

For illustration purpose,

• if a User contacts MEDIQ and claims that he suffers from or suspects to be suffered from eczema, MEDIQ will, upon receiving the User’s request and consent, (a) provide the User with the contact information of a dermatologist who is listed in the MEDIQ Platform, (b) arrange delivery of the User’s medical information to such dermatologist, (c) arrange booking for the User with such dermatologist and (d) assist such dermatologist to seek preliminary medical details from the User before any medical appointment; or

• if a User requests for vaccination services, MEDIQ will, pursuant to the User’s request, (a) convey his message to a clinic, which provides the requested vaccination, listed in the MEDIQ Platform; (b) provide the User with the details and contact information of such clinic; and/or (c) make bookings for the User with such clinic.

• Since MEDIQ is not a hospital or a clinic, it cannot and will not provide any Medical Services. All the MEDIQ Materials are of a general natural and shall not be treated as any professional advice. If the User wishes to obtain any Medical Services, the User shall consult the Practitioner. The Practitioner shall comply with all the relevant codes of practice and regulations to provide Medical Services in accordance with all the requirements in his profession.

• The User may use the MEDIQ Platform to make medical bookings, MEDIQ will not charge any fees from the User.

• By submitting any information and data to MEDIQ, the User represents and warrants that (i) such information is true, accurate, update and complete and (ii) the User has the right or is duly authorized to provide such information.

3. LIMITATION OF LIABILITY AND DISCLAIMER

• By using the MEDIQ Platform, the Users acknowledges and agrees that (i) MEDIQ does not endorse or recommend any Practitioner to the User; (ii) MEDIQ is not and does not become a party between any agreement between the User and the Practitioner and (ii) MEDIQ shall not be directly or indirectly liable for any losses or damages, including but not limited to death, bodily injury, emotional distress, illness or any other damages arising out of, or in connection with the Medical Services and any services provided by the Practitioner.

• The MEDIQ Platform is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, MEDIQ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. The User uses the MEDIQ Platform at his own risk.

4. CONFIDENTIALITY

4.1 "Confidential Information" means all and any, whether in written or verbal forms, data, materials, diagrams, notes, reports, appointments in connection with or relating to the User’s personal information, personal data, medical condition and/or medical status, whether or not the same is stated to be confidential.

• The foregoing notwithstanding, the term “Confidential Information” does not include information that (i) is disclosed by, request from or order of any court, authority supervising financial affairs, tax authority or other public authority; (ii) is or becomes part of the public domain and (iii) has already been known to MEDIQ before the User disclosed the information to the Company.

• MEDIQ will:-

• take all reasonable steps to safeguard and maintain the confidentiality and integrity of the Confidential Information of the User;
• not disclose any of the Confidential Information of the User to any other third party without the prior consent of the User;
• not use such Confidential Information for any purposes other than the purposes for discharging the duties and obligations of MEDIQ mentioned in this Note.

5. PERSONAL DATA

• MEDIQ will comply with all the applicable personal data laws and all the related regulations and guidelines issued by all relevant authorities in Hong Kong from time to time.

• MEDIQ will implement all reasonably practicable procedures, measures and steps to safeguard the security of the User’s personal data and Confidential Information. However, the User acknowledges that MEDIQ cannot guarantee absolute security over the Internet or method of electronic storage.

• MEDIQ will not transfer any User’s personal data or use any personal data of the User for direct marketing without obtaining the User’s prior consent, unless the User indicates otherwise in the Privacy Policy Statement.

• MEDIQ will not use any User’s personal data for any purpose other than the purpose of stated in the Privacy Policy Statement, without obtaining the prior written from the User.

• All personal data collected by the Company will be stored, processed and used in accordance with the Privacy Policy Statement. Before submitting, uploading or posting any personal information and/or personal data to MEDIQ, the User should have read and understood the Privacy Policy Statement. If the User does not agree with any terms of Privacy Policy Statement, the User shall not provide any personal data to MEDIQ.

6. MISCELLANEOUS

• This Note shall supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

• This Note may be amended or modified from time to time. Any changes will be uploaded to the MEDIQ Platform. The User shall check this Note from time to time.

• This Note shall be construed in all respects in accordance with the laws of the Hong Kong Special Administrative Region.

• If there is any inconsistency between the English version and any other translated versions of this Note, the English version shall prevail.

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