Terms

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.

Electronic Communications

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.

Your account

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.

Cancellation policy

You may cancel any paid subscription at any time by emailing us at support@healthguardian.hk. Please specify the subscription you wish to cancel, your name and email address.

Refund policy

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

You are granted a non-exclusive, non-transferable, revocable license to access and use Health Guardian Sites strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Health Guardian that you will not use its Site(s) for any purpose that is unlawful or prohibited by these Terms. You may not use Health Guardian Site(s) in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Health Guardian or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Health Guardian content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Health Guardian and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Health Guardian or our licensors except as expressly authorized by these Terms.

International Users

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.

Indemnification

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.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEALTH GUARDIAN LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE(S) AT ANY TIME. HEALTH GUARDIAN LIMITED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEALTH GUARDIAN LIMITED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALTH GUARDIAN LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HEALTH GUARDIAN LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE(S), OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

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