Terms and Conditions
- Acceptance of Terms and Conditions
1.1 This Website (eshop.virtusmedical.com) (“this Site” or “Virtus Medical eShop”) is owned and operated by Virtus Medical Group in Hong Kong. Virtus Care Limited (“the company” or “we”) are responsible for supply of Medical Service(s) and Product(s) (as defined in Clause 9 below) and these Terms and Conditions shall apply to transaction(s) between you and the company.
1.3 The company reserves the right to change the following terms and conditions at any time without notice. In case of any dispute, the company’s decision will be final and conclusive. You are obliged to read these terms and conditions each time before you place an order. Changes to these terms and conditions will be announced online. If you do not wish to be bound by the new terms and conditions, you can terminate this agreement by notifying the company in email. If you continue to enjoy the Services or use the website or coupons you will be deemed to have accepted the new terms and conditions.
- Registered User’s Account
2.1 If you are a registered user of our website, you may login your registered user’s account (“Registered User’s Account”) and access the relevant web pages and functions on our website with the designated login name and password provided to you by us.
2.2 You must keep your account password properly. If any authorized third party knows your password, makes unauthorized use of your e-mail address, or violates relevant security regulations, please notify the company immediately if you know it. You agree that the disclosure of your username or password to any authorized person will authorise such person to act as your agent for enjoying the service, using the website and/or conducting transactions through the website. Please note that you will be fully responsible for all actions and liabilities caused by improper password storage.
2.3 You must be at least 18 years old or reach the legal age in your jurisdiction to make purchases on this website. If you are under the age of 18 or under the legal age of your jurisdiction, you are not allowed to shop on this website. By entering or using this website, you confirm that you have read, understood, and agreed to be bound by these terms and conditions without restrictions or reservations. If you do not agree to these terms and conditions, you cannot use this website.
- Data Privacy
- Your Obligations
The user agrees that all activities on this site are governed by Hong Kong laws, regulations and rules, and strictly abide by the following terms:
4.1 You agree that you shall at all times provide true updated and accurate details in all registration/application/enquiry forms/ bookings you submit to us on our website.
4.2 Do not use this site to engage in or promote illegal immoral or dishonourable activities,
4.3 Do not interfere with network services and abide by the relevant practices of network services,
4.4 Do not send or receive any threatening or offensive content with unhealthy, obscene or coercive symbols, send or receive content that is profane or defamatory to any individual, send or receive materials which may constitute contempt of court or infringement of confidentiality, copyright, or personality rights, publication or privacy rights or any other third-party rights;
4.5 Do not publish comments, advertisements and meaningless texts that involve malicious competition or accusations. If the user has the above behaviour, this site has the right to unilaterally determine and suspend the user’s account and mask inappropriate remarks. If a user posts a remark that violates the law on this site, the system records of this site can be used as evidence that the user violates the law;
4.6 Do not send or receive any content that can cause technical harm (including computer viruses, logic bombs, Trojan horse programs, worms, harmful components, damaged data or other malicious software or harmful data).
- Modifications to Service
We reserve the right at any time to modify or discontinue, temporarily or permanently, our website or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our website or any part thereof.
- Links to Third Party Websites
We may provide links to other sites or resources maintained by unrelated companies and persons (“Linked Site(s)”) on our website. We do not monitor the contents of the Linked Sites and have no control over the Linked Sites. We are not responsible for the content or material of any Linked Site or any links contained in a Linked Site, or any changes or updates to such Linked Sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Your access and use of such Linked Sites remains entirely at your own risk and you agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the use of the services or the content of any Linked Site.
- No Medical or Healthcare Advice
Any medical or healthcare information provided by us on our website is for general reference or educational purposes only and we do not warrant that such information will meet your health or medical requirements. Furthermore, our website is NOT intended for use in diagnosing and / or treating medical or health conditions, and are NOT substitutes for qualified professional medical or healthcare advice and / or consultations with qualified medical practitioners and should not be treated as such. You should always seek advice from a qualified medical professional or other healthcare service provider with any questions you may have regarding a medical or health condition.
- Not for emergencies
The use of our website is not for medical emergencies or urgent medical situations. If you require urgent advice or treatment you should contact the emergency medical services immediately.
- Medical Service(s) and Product(s)
9.1 Any and all the medical service(s) and product(s) for sale on our website (the “Medical Service(s)” and the “Product(s)” respectively) are subject to these Terms and Conditions and the special terms and conditions (where applicable). By submitting your order for processing at our website, you confirm that you agree to the Terms and Conditions and the special terms and conditions (where applicable) prevalent at the time when you submit your order for processing. We make no recommendation or representation on whether the Medical Service(s) or Product(s) are suitable for you. You should seek qualified professional medical or healthcare advice before using the Medical Service(s) or Product(s).
9.2 We shall use reasonable endeavour to fulfil orders placed by you through our website, but shall not be liable to any person if we shall decline or become unable to fulfil an order for whatever reason, including but not limited to supply shortage or supply modification.
9.3 Notwithstanding Clause 9.2, we reserve the right to reject any order which we may, in our sole discretion, consider unreliable for credit reason or otherwise.
9.4 The “Price(s)” of the Medical Service(s) and the Product(s) shall mean their price on the day of order. The Price(s) and other details of the Medical Service(s) and the Product(s) displayed on our website are for reference only. We shall make every effort to ensure that the Price(s) and other details of the Medical Service(s) and the Product(s) are up-to-date. However, we also reserve the right to vary, alter or modify the Price(s) and other details of the Medical Service(s) and the Product(s) at any time without prior notice.
9.5 We may from time to time and at our absolute discretion set credit limits for you and/or limit sales to you.
9.6 All the Medical Service(s) and the Product(s) are subject to stock availability. No substitution and no prior notice will be made if stock is not available.
9.7 We are not the manufacturer of the Product(s). As such, we shall not be responsible or liable for any infringement, misappropriation or violation of other third party rights, including but not limited to intellectual property rights, in relation to the Product(s).
9.8 Medical Service(s) must be booked and used within 90 days from the date of purchase.
- Payment for the Medical Service(s) and the Product(s)
10.1 You shall pay for the Medical Service(s) and the Product(s) when you place the orders through our website (whether by credit card, debit card or other effective means, for the purpose of payment).
10.2 We may change at any time the method by which payments for the Medical Service(s) and the Product(s) may be effected and such changes may be notified to you by e-mail, mailshots or by notice shown on our website.
- Payment for Physical Check-up and Vaccination(s) Service
11.1 Once you have paid for the physical check-up and/or vaccination service booked through our website (whether by credit card or other means, for the purpose of payment) (the “Payment”), no amendment or cancellation of the physical check-up and/or vaccination(s) service is allowed. Subject to Clause 11.2, the Payment is non-transferable and non-refundable.
11.2 If you receive the proof from doctors of Virtus Medical Group or other qualified doctors confirming that you are not suitable for the physical check-up and/or vaccination(s) service you have paid for under Clause 11.1, we shall refund to you the payment in due course via the same means you have used to make the payment.
- Product Pick-up Service
12.1 We shall use reasonable endeavours to prepare the Product(s) for pick-up at one of our centres within the time slots assigned by us but we shall not be liable for any delays for causes beyond our control.
12.2 The pick-up time shall fall between the opening hours of the pick-up location.
12.3 Pick-up services shall not be available on Sundays or public holidays or when typhoon signal No. 8 or the black rainstorm signal is hoisted, or during such other weather condition whereby centre operation is considered unsafe.
12.4 You shall pick-up the Product(s) within the time slots assigned by us. Otherwise, we reserve the right to cancel the order. Exception applies when the ordered Product(s) are out of stock.
12.5 You shall pick-up the Product(s) in accordance with the instructions on our website as well as the instructions of our staff at the pick-up location. Otherwise, we shall decline you from picking up the Product(s).
12.6 We reserve the right to change the date and time for picking-up the Product(s) at our sole discretion.
- VARIATION / CANCELLATION OF ORDER
13.1 All orders shall not be varied or cancelled upon payment settlement at our website.
13.2 Subject to your consent, we may substitute a Product by another similar Product if the Product ordered by you is unavailable. Otherwise, the out-of-stock Product will be deleted from your order and the bill will be adjusted accordingly.
- Replace / Refund
14.1 Images of the Product(s) on our website may not correspond exactly to Product description or the Product(s) supplied and are for reference only. You shall not be entitled to return a Product on the basis that it does not correspond exactly to its image on our website. In this connection, you acknowledge and accept that there can be change in the design of the Product or change in package.
14.2 We shall assume no obligation or liability for any advice or information provided with the Product(s) displayed on our website and shall not be responsible for any inaccuracy or misstatement of any such information as long as such information is provided by manufacturer.
14.3 We shall use reasonable efforts to ensure that your order is correctly processed. If there is any mistake, we shall deal with your exchange request in the manner described in this clause.
(a) If any Product is damaged, expired, missing or a wrong product is provided at the time of collection, we will provide a product replacement. You are required to report to us via email (email@example.com) within 7 calendar days upon receipt of the Product(s). Information, including name, contact email, order number, product name & quantity, description of product as well as supporting documents such as pictures of the Product(s), shall be provided in order for us to process your request. Please also retain all packing materials including the original packaging, tags, certificates and all other accessories and ensure the Product(s) is/are in good and original conditions. Please further ensure the package is undamaged and the labels or tags are intact. If any of these are damaged, they are deemed to be non-returnable and non-refundable.
(b) The exchange process could be completed within 7 business days after your report subject to any inquiries (including request for clarification, further information and supporting documents) we may have in respect of your request. We will notify you the result via email.
(c) We reserve the right to request for a return of any wrongly delivered Product such as unordered items.
(d) If we are not able to provide the replacement item(s) in order, we will contact you to arrange the item return. After receipt of returned items, we will arrange the refund to you in due course. In order to process refund to you timely, you shall ensure that the account details provided are accurate. Our customer service staff may contact you to seek assistance for specific matters in this regard.
14.4 Our liability to any Product delivered is limited to full refund without interest or replacement specified in Clause 14.3. All other remedies are excluded.
14.5 In the case of any disputes, we reserve the right of final decision.
- Disclaimers and Limitation of Liability
15.1 Virtus Medical Group and the company do not represent or warrant that access to this Site, or any part of it, will be uninterrupted, reliable or fault-free.
15.2 Virtus Medical Group and the company do not represent or warrant that this Site or any of its Contents and Products /Services descriptions are accurate, complete, or reliable.
15.3 You agree that no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Any information transmitted to us is transmitted at your own risk.
15.4 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise incur as a result of:
– any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this Site or any information on this Site;
– the unavailability of this Site (or any part of it), Products or Services;
– any delay or disruptions in providing, or failure to provide or make available, Products or Services, or any negligent provision of Products or Services;
– any misrepresentation on or relating to this Site, the Products or the Services;
– any Product not being of merchantable quality or fit for their purpose;
– viruses or other malicious software obtained by accessing or linking to this Site; and
– any negligent advice, inaccurate or misstated information provided in connection with the Products or Services displayed on this Site.
15.5 Save as required by law:
– Virtus Medical Group and the company will not be liable and you agree not to hold the company’s and Virtus Medical Group’s affiliates, directors, officers, employees, agents and contractors responsible for any direct or indirect or consequential loss, damage or expenses, including loss of profits, business or goodwill, whether arising out of any problem notified to us or otherwise; and
– The company and Virtus Medical Group will have no liability to pay any money to you by way of compensation except otherwise specified in these Terms and Conditions.
15.6 You must observe and comply with all applicable regulations and legislations, including obtaining all necessary permits to purchase Products from this Site. We make no representation and accepts no liability in respect of the export or import of the Products purchased from this Site.
15.7 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our Services or Products to you.
15.8 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
15.9 We shall make every reasonable effort to fulfil orders placed by you through our website, but shall not be liable to any person if our website shall decline or become unable to fulfil an order for whatever reason, including but not limited to: supply shortage, supply modification, Products/Services withdrawal, our identification of a pricing or Products/ Services description error, our inability to obtain authorisation for payment or your failure to meet the eligibility criteria to purchase a relevant Product.
- Intellectual Property
All information, data, text, music, sound, photographs, graphics, software, video, messages or other materials displayed on or available through our website and Mobile App (collectively the “Content”) are our properties or are licensed to us and are protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. 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. You may only download and print the Content for the use specified herein or for your personal and non-commercial use. You have no rights in or to the Content. Except as expressly provided herein, you may not modify, alter, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part without our written authorization.
We may terminate your access to and use of all or part of our website with or without notice to you.
- Law & Jurisdiction
18.1 Our website is controlled by Virtus Medical Group from its offices in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Access to, or use of, our website or information, materials, products and/or services on our website may be prohibited by law in certain countries or jurisdictions. We make no representation that the information contained herein is appropriate or available for use in other locations.
18.2 These Terms and Conditions and all matters relating to your access to, and use of information on our website shall be governed by and construed in accordance with the laws of Hong Kong and you agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
- General Provisions
19.1 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
19.2 Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms and Conditions or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions.
19.3 Notices served in relation to these Terms and Conditions shall be in writing and may be served by post or e-mail.
19.4 In these Terms and Conditions, unless the context otherwise requires:
- the heading used in these Terms and Conditions are for convenience only and shall not in any way affect the construction or interpretation hereof;
- words and expressions importing the singular include the plural and vice versa;
- words and expressions importing one gender include both genders and the neuter; and
– references to paragraphs, are references to paragraphs in these Terms and Conditions.
- Contacting us
If you have any questions regarding these Terms and Conditions or any other consumer or technical matters, you may contact us by e-mailing us at firstname.lastname@example.org or by calling our Customer Service Hotline at 8120 1088. We will endeavour to respond promptly to all communications.
The original English version of these Terms and Conditions has been translated into Chinese. In the event of a dispute about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and the Chinese version of these Terms and Conditions, the English version shall prevail.