Agreement between user and Health Guardian Limited
These Terms and Conditions apply to all websites (“Sites”) owned by Health Guardian Limited (“Health Guardian”). For the purposes of this Terms and Conditions Document, unless otherwise noted, all references to Health Guardian include all of the Sites owned and operated by Health Guardian.
Health Guardian Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of anyone of our Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting any or our Sites or sending emails to Health Guardian constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site(s), satisfy any legal requirement that such communications be in writing.
If you use our Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Health Guardian is not responsible for third party access to your account that results from theft or misappropriation of your account. Health Guardian and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Health Guardian does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may not use our Sites.
You may cancel any paid subscription at any time by emailing us at firstname.lastname@example.org. Please specify the subscription you wish to cancel, your name and email address.
Unless it is specified otherwise on the sales page or checkout page of the Site, all products and services sold by Health Guardian are non-refundable.
However, if we indicate a guarantee on the sales page of the product or service, we will honor the terms and conditions defined by such a guarantee.
Links to third party sites/Third party services
Sites owned by Health Guardian may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Health Guardian and Health Guardian is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Health Guardian is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Health Guardian of the site or any association with its operators. Certain services made available via Health Guardian Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from a Health Guardian Site, you hereby acknowledge and consent that Health Guardian may share such information and data with any third party with whom Health Guardian has a contractual relationship to provide the requested product, service or functionality on behalf of Health Guardian users and customers.
No unlawful or prohibited use/Intellectual Property
The Service is controlled, operated and administered by Health Guardian from our offices within the Hong Kong Special Administrative Region. If you access the Service from a location outside the Hong Kong SAR, you are responsible for compliance with all local laws. You agree that you will not use the Health Guardian Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Health Guardian, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Health Guardian reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Health Guardian in asserting any available defenses.
Health Guardian reserves the right, in its sole discretion, to terminate your access to the Site(s) and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Hong Kong SAR and you hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong SAR in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Health Guardian as a result of this agreement or use of the Site. Health Guardian’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Health Guardian’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Health Guardian with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Health Guardian with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Health Guardian with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Health Guardian reserves the right, in its sole discretion, to change the Terms under which Health Guardian Sites are offered. The most current version of the Terms will supersede all previous versions. Health Guardian encourages you to periodically review the Terms to stay informed of our updates.
Effective as of May 01, 2016