User Terms and Conditions
ProHealth Medical Mobile Application
Welcome to the mobile application of ProHealth Medical (the "Mobile App").
The terms "we", "us", "our", "ours", "PMG", "ProHealth Medical" and "ProHealth Medical Group" when used in these Terms and Conditions mean ProHealth Medical Group Ltd and its holding company, subsidiaries, affiliates and related companies. The terms "you", "your" and "yours" when used in these Terms and Conditions mean any user of this Mobile App.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS MOBILE APP.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS MOBILE APP.
1. Agreement
1.1 By accessing, downloading, installing or using this Mobile App, you agree to be bound by these Terms and Conditions.
1.2 You acknowledge that you have read and understood the Privacy Policy Statement and the Personal Information Collection Statement for this Mobile App, and that you agree with them. Both are incorporated into these Terms and Conditions.
1.3 Access to and use of this Mobile App and related information, materials, products and services are subject to all applicable laws and regulations and to these Terms and Conditions.
1.4 These Terms and Conditions are in addition to all of PMG's terms and conditions which apply to you. In case of conflict, these Terms and Conditions prevail.
1.5 All of PMG's terms and conditions, the Privacy Policy Statement and the Personal Information Collection Statement, together with these Terms and Conditions, represent the complete agreement between you and us concerning your use of this Mobile App.
1.6 We may change these Terms and Conditions from time to time. We will give reasonable notice of material changes. You will be bound by updated Terms from the first time you use the Mobile App after the changes are posted.
2. Eligibility and Legal Capacity
2.1 You must be at least 18 years old to use this Mobile App. If you are between 13 and 17 years old, you may use it only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.
2.2 By using this Mobile App, you represent and warrant that you have the legal capacity to enter into a binding contract.
2.3 This Mobile App is intended for users located in Hong Kong. Do not use it if you are located outside Hong Kong.
2.4 If you use this Mobile App on behalf of another person, you represent that you have authority to do so.
3. Account Registration and Security
3.1 You must provide accurate, current and complete information when registering and using the Mobile App.
3.2 You may maintain only one account unless we agree otherwise in writing.
3.3 You are fully responsible for all activities under your login name and password, whether by you or anyone else using your identity.
3.4 You agree to notify us immediately if you suspect that your login name or password has been used by a third party or compromised.
3.5 We may access your account, suspend or close your account, and/or terminate service at any time without notice if we reasonably believe you have breached these Terms or applicable laws.
3.6 We may require identity verification before appointments, telemedicine sessions or other services.
3.7 On closure, your right to use the Mobile App ceases immediately. Clauses which by their nature should survive termination shall survive.
4. Your Obligations
4.1 You agree to use this Mobile App for personal and non-commercial use only.
4.2 You shall not post, upload, transmit or share any material which:
- (a) violates or infringes any intellectual property rights, proprietary rights or confidentiality obligations of others;
- (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
- (c) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; or
- (d) contains any malware, computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a device.
4.3 You agree to comply with all applicable laws and regulations regarding your use of this Mobile App, and acknowledge that compliance is your sole responsibility.
4.4 You agree to provide true and accurate details in all registration, appointments and enquiries.
4.5 You agree to indemnify us and our officers, directors, agents and employees against any losses, claims, liabilities, damages, demands, costs and expenses arising from your breach of these Terms and/or your unlawful use of this Mobile App, except to the extent caused by our negligence, fraud or breach.
5. Appointments, Cancellations and Refunds
5.1 Booking. An appointment is confirmed only when we send you a confirmation through the Mobile App, email, SMS or other means. A booking represents a reserved seat or time slot, but not an exact start time. Actual waiting time after arrival may vary.
5.2 Accuracy. You must provide accurate personal, contact and medical information. We are not responsible for issues caused by inaccurate information.
5.3 Rescheduling and Cancellation by You. You may reschedule or cancel in accordance with the cancellation period stated in the Mobile App. Late cancellation or failure to attend may incur a cancellation or no-show fee.
5.4 Cancellation by Us. We may cancel or reschedule due to provider unavailability, technical issues, safety concerns or other reasonable reasons, including force majeure or irresistible adverse conditions such as typhoons, natural disasters, earthquakes, power outages, government actions, epidemics, pandemics, civil unrest, strikes, human factors (including staff shortages or industrial action) or other events beyond our reasonable control. If we cancel and you have paid, we will offer a refund or reschedule.
5.5 Refunds. Refunds are subject to the refund policy displayed at the time of booking and the Payment Terms. Fees for services already provided are non-refundable unless required by law.
5.6 No-Show. If you do not attend without notice, you may be charged a no-show fee and we may suspend your ability to book future appointments.
5.7 Provider Substitution. We may substitute a qualified healthcare provider where necessary.
5.8 Service Suspension. If the Mobile App is suspended, you may cancel your appointment without a cancellation fee.
5.9 Appointment Reminders. You are responsible for attending your appointment regardless of whether you receive a reminder.
5.10 Infants and Special Needs. For infants under 1 year old or patients with special needs, please call 3165 1460 to book.
6. Telemedicine and Video Consultation
6.1 By using telemedicine, you consent to receive healthcare services remotely.
6.2 Telemedicine has limitations, including lack of physical examination, technical failures and inability to handle emergencies.
6.3 Telemedicine is not for emergencies. Call emergency services immediately if you have a medical emergency.
6.4 You must verify your identity before a telemedicine session. We may refuse service if identity cannot be verified.
6.5 Prescriptions are subject to the healthcare provider's professional judgment and applicable laws.
6.6 We will keep medical records in accordance with applicable laws and our Privacy Policy.
6.7 You need a compatible device, camera, microphone and stable internet connection.
6.8 We may record sessions for quality, safety, training or legal purposes, subject to your consent and applicable laws. You may not record without our prior written consent and the provider's consent.
7. Fees, Payment and Billing
7.1 You agree to pay all fees and charges in accordance with the fees, charges and billing terms in effect at the time a fee is due.
7.2 You authorise PMG to charge your payment method for all fees due. We will not charge you without your authorization.
7.3 Charges and billing information may be modified at any time but will not affect services you have already ordered.
7.4 Your insurance policy may cover certain services. It is your responsibility to check coverage. You are responsible for amounts not covered.
7.5 If a payment fails, we may suspend or cancel your appointment or account until payment is made.
7.6 You are responsible for any chargebacks, and we may recover reasonable costs associated with chargebacks.
7.7 Prices are in Hong Kong dollars unless otherwise stated. You are responsible for applicable taxes.
7.8 Payment, deposits, pre-payment, downpayment and refunds are governed by the Payment Terms, which prevail on payment and refund matters.
8. Privacy and Data Protection
8.1 Personal data you supply will be used in accordance with the Privacy Policy Statement and the Personal Data (Privacy) Ordinance (Cap. 486) ("PDPO").
8.2 You have the right to request access to and correction of your personal data in accordance with the PDPO.
8.3 We retain personal data only as long as necessary and as required by law.
8.4 We may transfer personal data outside Hong Kong in accordance with the PDPO and our Privacy Policy.
8.5 We may use cookies, analytics and tracking technologies. You can manage cookies through your device settings.
8.6 We will notify you of any security breach in accordance with applicable laws.
8.7 Medical records will be handled in accordance with applicable laws and our Privacy Policy.
9. Medical or Healthcare Advice Disclaimer
9.1 Medical or healthcare information provided on this Mobile App is for reference only and is not a substitute for qualified professional medical or healthcare advice.
9.2 Such information is NOT intended for diagnosing or treating any medical or health condition.
9.3 You should always seek professional advice from a qualified medical professional or other healthcare service provider.
9.4 No doctor-patient relationship is created until a consultation begins with a qualified healthcare provider.
9.5 The Mobile App is not for medical emergencies. If you require urgent advice or treatment, contact the emergency services immediately.
9A. Content, Images and Illustrations Disclaimer
9A.1 All passages, text, images, illustrations, photographs, graphics, videos, animations, icons, screenshots and other content in this Mobile App ("Content") are provided for information and illustration only.
9A.2 Content may change from time to time without notice. We do not warrant that any Content is current, accurate, complete or up to date.
9A.3 Images and illustrations may not reflect the actual physical condition, appearance, layout, size, colour, packaging, equipment, facilities, personnel, doctors, clinicians, staff, patients or premises. Product images are for illustration only.
9A.4 Doctor and staff photographs, profiles and descriptions are for illustration only. Doctors, clinicians and staff may change from time to time without notice.
9A.5 Clinic, mall, walkway, entrance, interior and location images are for illustration only and may not reflect the actual physical condition or layout.
9A.6 To the fullest extent permitted by applicable law, we disclaim all liability for any loss, damage, injury, claim, cost or expense arising from or in connection with any reliance placed on any Content.
9A.7 Nothing in this Section 9A excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or any statutory consumer rights.
9A.8 This Section 9A should be read together with Section 9, Section 13 and Section 14.
10. Health Equipment, Wearables and Health Products
10.1 Definitions. "Health Equipment" means any health or fitness device, wearable, sensor, monitor, measuring instrument, accessory, software or equipment used with or in connection with the Mobile App, including PMG-Supplied Health Equipment (such as wearable devices, pulse oximeters, pill cutters, CGM devices worn on the arm, finger ECG devices, sleep apnea monitoring devices and similar items) and Third-Party or User Equipment. "Health Products" means any health-related product, supplement, medical device, medication or other product offered, advertised or made available through the Mobile App, excluding Health Equipment.
10.2 PMG-Supplied Health Equipment. PMG may sell or supply Health Equipment. Unless expressly stated, PMG is not the manufacturer. Manufacturer warranties, if any, apply. PMG acts as a reseller or supplier. To the fullest extent permitted by law, PMG's liability is limited to the remedies available under the Sale of Goods Ordinance (Cap. 26) and any express return or refund policy stated at purchase.
10.3 Regulatory Compliance. Some Health Equipment, such as pulse oximeters, CGM devices, ECG devices and sleep apnea monitoring devices, may be regulated as medical devices. PMG will use reasonable efforts to ensure compliance with applicable Hong Kong laws. You are responsible for using the equipment in accordance with its instructions.
10.4 Third-Party and User Equipment. The Mobile App may connect to or display data from Third-Party or User Equipment. PMG does not manufacture, control, inspect or warrant such equipment. You are solely responsible for selecting, using, maintaining, calibrating and securing your equipment.
10.5 Health Products. If PMG offers Health Products, additional product terms, manufacturer warranties and return policies may apply. Unless expressly stated, PMG is not the manufacturer.
10.6 No Medical Advice. Readings, alerts and information generated by Health Equipment or Health Products are for general information only and are not medical advice, diagnosis or treatment.
10.7 Accuracy and Reliability. PMG does not warrant that Health Equipment or Health Products will be accurate, reliable, error-free, uninterrupted or suitable for your needs.
10.8 Safety and Proper Use. You must follow all instructions, warnings and safety notices. Do not use damaged, modified or incompatible equipment.
10.9 Data. Data transmitted from Health Equipment may be processed in accordance with our Privacy Policy.
10.10 Indemnity. You agree to indemnify PMG against claims arising from your misuse of Health Equipment or Health Products, your breach of this section, or your violation of third-party rights, except to the extent caused by PMG's negligence or wilful misconduct.
10.11 Consumer Rights and Non-Excludable Liability. Nothing in this section excludes or limits any liability that cannot be excluded or limited under applicable law, including the Sale of Goods Ordinance (Cap. 26), the Consumer Goods Safety Ordinance (Cap. 456), the Trade Descriptions Ordinance (Cap. 362) and the PDPO.
11. Modifications to Service
11.1 We reserve the right to modify or discontinue, temporarily or permanently, this Mobile App or any part with or without notice.
11.2 For paid services, we will provide reasonable notice where practicable and a refund for services not provided if we discontinue the service.
11.3 Subject to 11.2, we shall not be liable for any modification, suspension or discontinuance.
12. Links to Third Party Websites
12.1 We may provide links to other sites or resources maintained by unrelated companies and persons ("Linked Sites").
12.2 We do not monitor and have no control over Linked Sites. We are not responsible for their content or any changes or updates.
12.3 Links are provided as a convenience and do not imply endorsement.
12.4 Your access and use of Linked Sites is at your own risk. Separate terms may apply.
13. Disclaimers and Limitation of Liability
13.1 This Mobile App provides general information about PMG and its services and activities.
13.2 Whilst we have endeavoured to provide current and accurate information, it is provided without warranties or representations of any kind (express or implied), including regarding accuracy, adequacy, completeness, timeliness, non-infringement, reliability, freedom from malware and computer virus, security, merchantability or fitness for a particular purpose.
13.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PMG EXCLUDES ALL LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR ARISING OUT OF YOUR USE, OR INABILITY TO USE, THIS MOBILE APP.
13.4 Nothing in these Terms excludes or limits any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or any statutory consumer rights.
13.5 To the extent that any liability cannot be excluded, PMG's entire liability is limited to the amount paid by you for the relevant service, or the re-supply of the unsatisfactory services, whichever is greater.
14. Intellectual Property
14.1 All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed in or available through this Mobile App ("Content") are our property or licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws.
14.2 We and/or our licensors own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it.
14.3 You may only download and print the Content for the use specified herein or for your personal and non-commercial use.
14.4 You have no rights in the Content except the limited licence granted in these Terms. This does not affect your rights to your personal data or medical records.
14.5 Except as expressly provided, you shall not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit any Content without our written authorization.
14.6 You grant us a non-exclusive, royalty-free licence to use any feedback, reviews or suggestions you provide to improve our services.
14.7 All trademarks, logos and service marks displayed on this Mobile App are our property or the property of their respective owners.
15. Termination
15.1 You may terminate your account at any time by contacting us.
15.2 We may terminate your access with or without notice. We will provide notice where practicable. If we terminate a paid service without cause, we will refund unused fees.
15.3 On termination, your right to use the Mobile App ceases immediately. Clauses which by their nature should survive termination shall survive.
15.4 Termination does not affect any rights or obligations accrued before termination, including payment obligations.
16. Technical Requirements
16.1 This Mobile App is accessed using the internet, data networks and devices which can access the internet ("Infrastructure"). PMG is not responsible or liable for the Infrastructure itself.
16.2 You should check that you have a device that can access the internet and a sufficient and stable connection.
16.3 Avoid public Wi-Fi where possible and use WPA-2 secured networks.
16.4 Protect your device with a password and set it to lock after a short period of inactivity.
16.5 Updates may be available. Use the latest version. The Mobile App may not be available until you download the latest version and accept the latest terms.
16.6 We may suspend the Mobile App if the Infrastructure is affected by technical or security threats. If this occurs, you may cancel your appointment.
17. Law and Jurisdiction
17.1 This Mobile App is provided for use within the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). Access or use may be prohibited in certain countries or jurisdictions.
17.2 These Terms and all related matters are governed by the laws of Hong Kong and you agree to submit to the exclusive jurisdiction of the Hong Kong courts.
18. General Provisions
18.1 Severability. If any provision is held unlawful, void or unenforceable, it shall be severed and shall not affect the remaining provisions.
18.2 Waiver. Our failure to require performance or exercise any right shall not be deemed a waiver. All waivers must be in writing.
18.3 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign to any affiliate or successor without your consent.
18.4 Notices. Notices shall be in writing and may be served by post or e-mail to the address or e-mail address you provide or as stated in clause 19.
18.5 Entire Agreement. These Terms, together with the Privacy Policy Statement and Personal Information Collection Statement, constitute the entire agreement between you and us.
18.6 Third-Party Rights. A person who is not a party has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any of these Terms.
18.7 Force Majeure. We shall not be liable for any failure or delay caused by events beyond our reasonable control, including typhoons, natural disasters, earthquakes, power outages, government actions, epidemics, pandemics, civil unrest, strikes, human factors (including staff shortages or industrial action), internet disruptions or technical failures.
18.8 Complaints and Dispute Resolution. If you have a complaint, please contact us using the details in clause 19. We will endeavour to resolve complaints promptly.
19. Contacting Us
If you have any questions regarding these Terms and Conditions or any other consumer or technical matters, you may contact us by writing to ProHealth Medical Group Ltd, Unit 105A, 1/F, Liberte Place, 833 Lai Chi Kok Road, Kowloon, Hong Kong, or by e-mailing us at info@prohealthmedical.com.hk, or by calling 3165 1460.
20. Language
The original English version of these Terms and Conditions has been translated into Chinese. In the event of a dispute or inconsistency, the English version shall prevail, except where applicable law requires otherwise.