Disclaimer, Terms of Use & Privacy Notice for UMP Medical Centre (VC)

 

Application

This notice applies to:

  1. The use of UMP Medical Centre (VC)
  2. All information stored on or receivable through this or any other UMP Medical Centre (VC) server (“Information”); and
  3. Any goods or services offered, accessed or obtained through UMP Medical Centre (VC) or UMP Medical Centre Pharmacy (collectively “UMP Pharmacy”) by you (“the User”/ “you”).

 

This notice limits the liability of UMP Professional Management Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively "UPML") in relation to any such use, Information, goods and services.

 

The Users using UMP Medical Centre (VC) should read the full Disclaimer, Terms of Use and Privacy Notice attached. By registering and using UMP Medical Centre (VC), you irrevocably agree to all the obligations stipulated in abovementioned attachments and agree to abide by them; If you do not agree with any of these terms, do not access or otherwise use UMP Medical Centre (VC) or any information contained in UMP Medical Centre (VC). Accessing UMP Medical Centre (VC) through any medium, including but not limited to accessing through mobile phones, smart phones and tablets, are also subjected to all the abovementioned attachments.

 

You represent and warrant that you possess the legal right and ability to agree to these Terms of Use and to use UMP Medical Centre (VC) in accordance with these Terms of Use. If you are agreeing to these Terms of Use on behalf of another person or any legal entity, you warrant that you are duly authorized to do so.

 

Terms Of Use

 

These Terms of Use form a legally binding agreement between you and UMP Medical Centre (VC).

 

  1. Services Provided

UMP Medical Centre (VC) provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the "Providers") in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. The User may upload health history, medical symptoms and medical related information to engage Providers for the purpose of obtaining medical and healthcare services, including the prescription of medicine. The User can seek medical advice and opinion and the prescription of medicine through consultations with the Provided registered with UMP Medical Centre (VC).

 

UMP Medical Centre (VC) does not provide medical care or practice medicine or any other licensed profession, and UMP Medical Centre (VC) does not interfere with the practice of medicine or other licensed profession by Providers. All of the participating Providers have independently contracted to be in the network operated by physician groups, and are solely responsible for their services and compliance with any requirements applicable to his or her professional licence. UMP Medical Centre (VC) does not provide any physicians' or other Providers' services itself, and neither UMP Medical Centre (VC) nor any third parties who promote UMP Medical Centre (VC)’s services shall be liable for any professional advice you obtain from a Provider via UMP Medical Centre (VC).

 

USE OF UMP MEDICAL CENTRE (VC) AND THE SERVICES - NOT FOR EMERGENCIES. THE USING OF UMP MEDICAL CENTRE (VC) IS NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. UMP MEDICAL CENTRE (VC) DOES NOT PROVIDE MEDICAL EMERGENCY SERVICES. YOU SHOULD NOT DISREGARD OR DELAY TO SEEK MEDICAL ADVICE BASED ON ANYTHING THAT APPEARS ON UMP MEDICAL CENTRE (VC). IF YOU THINK YOU HAVE ANY EMERGENCY, CALL THE EMERGENCY LINE IN YOUR COUNTRY, IMMEDIATELY! (I.E. IN HK, CALL 999 IF EMERGENCY MEDICAL SERVICES ARE NEEDED)

 

UMP MEDICAL CENTRE (VC) SHALL NOT BE USED FOR MEDICAL SERVICES THAT REQUIRE IMMEDIATE MEDICAL ATTENTION OR EMERGENCY CARE AT A HOSPITAL OR MEDICAL CLINIC, SUCH AS, INCLUDING BUT NOT LIMITED TO:

 

 

Your interaction with the Providers through the service is not intended to replace your relationship with your existing primary care physician. UMP Medical Centre (VC) is not an insurance product nor a prescription fulfillment warehouse. The Providers reserve the right to deny care for actual or potential misuse of the services. The services provided do not include the provision of medical care by UMP Medical Centre (VC). Rather, UMP Medical Centre (VC) enables access to Providers who have agreed to provide patient care to the Users using UMP Medical Centre (VC).

 

By using UMP Medical Centre (VC), the User confirms and acknowledges that in the event you are connected to consult with a doctor that is not registered in Hong Kong, such doctor that you will consult with, should you choose to proceed, is only providing health advice ONLY, as such oversea doctor is not authorized to delivery consultation services to Hong Kong patient.

 

Please take note that any interactions and association issues with the Providers, including but not limited to the Chat, medical treatment and/ or advice, is strictly between you and the Providers. You shall not hold UPML, UMP Medical Centre (VC) and its affiliates responsible for any such interactions and associated issues. UMP Medical Centre (VC) is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any medical information given by Providers and any consequences or outcome achieved through access to our services. If you decide to act on the information or advice or opinion provided by any of the Providers, you do so at your own risk and UMP Medical Centre (VC) shall have no responsibility or liability thereafter.

 

  1. Select of Provider and Arrangement for Services

Upon initial access to UMP Medical Centre (VC), you will be to select and schedule appointments with the Provider.

 

While choosing your Provider on UMP Medical Centre (VC), You understand and accept the following:

 

UMP Medical Centre (VC) will provide you with Providers who may be suitable to deliver the health care or medical services that you are seeking based on the information that you provide to UMP Medical Centre (VC) (such as area of specialty and geographical location). Please note that UMP Medical Centre (VC) (i) does not recommend or endorse any medical practitioners or health care providers mentioned on UMP Medical Centre (VC); and (ii) does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide. UPML, UMP Medical Centre (VC) and its affiliates shall not be liable for any reason whatsoever for the services provided by any Providers, and we bear no liability for the consequences to you of your use of UMP Medical Centre (VC). 

 

You will be able to use the Chat function on UMP Medical Centre (VC) to initiate communication and obtain preliminary general information regarding certain medical conditions via a text forum with all Providers. It is not the purpose or function of the Chat for a Provider to give personal medical advice or to prescribe medication, which should only occur after the Provider obtains the patient information and undertakes a proper evaluation and consultation with you.

 

You may arrange with any Provider a medical consultation or other medical services (1) at a medical clinic or other site and or (ii) by video or text consultations on UMP Medical Centre (VC).  Medications and pharmaceuticals prescribed by the Provider and directions for their use will be collected from the clinic of the Provider, a licenced pharmacy and/or delivered to the address of you by a courier service provider designated by UMP Medical Centre (VC).

 

Providers may arrange a medical tests and analysis to be carried out on you at a Provider’s laboratory.  The results of the medical tests will first be delivered to UMP Medical Centre (VC) which shall deliver the same to the Provider who requested the medical testing for his/her professional assessment and interpretation. The Provider shall be responsible for reporting and advising you on the results of the tests.

 

You may use the rating functions to rate and give comments on the medical services of any Providers.

 

  1. Prescription Policy

Medications might be prescribed during the service provided in UMP Medical Centre (VC) when medical indicated according to Provider’s professional judgement, however, due to varying laws from different countries, prescriptions may not be available in your country.

 

In the event that a Provider does prescribe a medication, he/ she will comply with all applicable laws and will only prescribe a medication as determined appropriate in his/ her sole discretion and professional judgement.

 

UPML does not guarantee that a provider will issue a prescription.

 

You agrees that any prescriptions that you acquire from a Provider shall be sole for your personal use or consumption. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist of you have any questions regarding the prescription  

 

  1. Informed Consent
    1. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s licence, personal ID, or other legal document.
    2.  

    3. The telemedicine services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. Provider using UMP Medical Centre (VC) might follow the standard referral protocol provided by UPML for referring patients concerned to appropriate medical centres, including but not limited to our UMP physical clinics/ specialist, or government hospital if the Provider deems necessary.

      However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:
      1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.);
      2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;
      3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
      4. Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.

       

    4. By using UMP Medical Centre (VC), you agree to accept these terms of use and acknowledge that you understand and agree with the following:
      1. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
      2. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received UMP Medical Centre (VC)’s privacy practices which describe these protections in more detail;
      3. You understand that you are fully responsible for payment;
      4. You understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide/ stop further telemedicine services to you through UMP Medical Centre (VC); and
      5. Once you are connected with the Provider, the video consultation will be recorded instantly. For all the recorded consultations, patient will all be masked and user’s facial features would not be recognized on the recordings. In addition, the recordings will only be reviewed solely for the purpose of quality control;
      6. In case of non UPML network’s Provider, User’s medical record might be transferred from third party to UPML internal clinical system, in a secure way, and not the other way around. The purpose of the transfer of medical record is solely for operation needs but not any other purpose.

 

  1. Account Enrolment, Eligibility and Security

In order to access UMP Medical Centre (VC), you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use, register for UMP Medical Centre (VC) under your own name and to use UMP Medical Centre (VC) in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your UMP Medical Centre (VC) Account, including, but not limited to, your name, mailing address, phone number, email and password, which become your UMP Medical Centre (VC) ID and credentials. Your UMP Medical Centre (VC) ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your UMP Medical Centre (VC) ID and credentials, and for all activities that occur under such UMP Medical Centre (VC) ID and credentials. You agree to prohibit anyone else from using your UMP Medical Centre (VC) ID and credentials and you agree to immediately notify UMP Medical Centre (VC) of any actual or suspected unauthorized use of your UMP Medical Centre (VC) ID or credentials or other security concerns of which you become aware.

 

To permit you to access UMP Medical Centre (VC) services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a dependents under your name. Any such subaccount is subject to these Terms of Use and the Notice or Privacy Policy.

 

In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of UMP Medical Centre (VC) and the Services. UMP Medical Centre (VC) may, in its sole discretion, refuse to provide UMP Medical Centre (VC) services for noncompliance with these Terms of Use and/or any other actual or potential misuse of your account or UMP Medical Centre (VC). UMP Medical Centre (VC) recommends that you do not access your account or UMP Medical Centre (VC) from a public computer. In no event and under no circumstances shall UMP Medical Centre (VC) be liable to you for any liabilities and/or damages arising out of the use of the UMP Medical Centre (VC) Site, UMP Medical Centre (VC) Services, your account information, or the release of your account information to third parties. UMP Medical Centre (VC) recommends that you do not store your account password through your web browser or other software.

 

You have the option of deleting your account. If you delete your account, UMP Medical Centre (VC) will delete such medical / health information. Despite the aforesaid, please note that: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

 

  1. Fraud Prevention and Security

We may contact you by any means provided by you to verify your UMP Medical Centre (VC) Account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, We reserve the right to suspend, discontinue or deny your access to and use of UMP Medical Centre (VC), until the information is provided by you as requested.

 

  1. Modification to Terms of Use

We reserves the right to modify the Terms of Use periodically, for any reason, and without notice and without liability to you or any third party. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on UMP Medical Centre (VC). You shall review these Terms of Use each time you use UMP Medical Centre (VC). We also suggest you to review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Terms of Use. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the services provided. Your continued use of the UMP Medical Centre (VC) constitutes an acknowledgment of such changes and agreement to be bound by the revised Terms of Use inclusive of such changes.

 

UPML and UMP Medical Centre (VC) have the right to limit, suspend, discontinue or deny your access to and use of the services at any time, and without notice, to anyone who violates these Terms of Use as UPML and UMP Medical Centre (VC) consider appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property.

 

  1. Information Provided by You

As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update UMP Medical Centre (VC) as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate.

 

You have the option of uploading your health/medical information and history on UMP Medical Centre (VC).  Once the said information is uploaded, the Providers that you choose to engage with may access the information.  While UMP Medical Centre (VC) takes utmost care with respect to the security of the information you upload to UMP Medical Centre (VC), any information that you disclose on UMP Medical Centre (VC) is done at your own risk. By uploading / sharing / disclosing your medical information on UMP Medical Centre (VC), you hereby give your consent to UMP Medical Centre (VC) to store such health / medical information on UMP Medical Centre (VC)’s servers. UMP Medical Centre (VC) will retain such medical / health information you upload on UMP Medical Centre (VC) for as long as your account remains registered, i.e. not deleted, with us. In any event that you do not feel comfortable in disclosing any information on UMP Medical Centre (VC), please do not upload or share such information on UMP Medical Centre (VC). UMP Medical Centre (VC) shall not be liable or responsible for any consequences as a result of any unintentional disclosure of the information you upload on UMP Medical Centre (VC) due to technical or system failures.

 

By using UMP Medical Centre (VC), you also agree:

  1. to be responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through UMP Medical Centre (VC). You may not upload, post or otherwise make available on UMP Medical Centre (VC) any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make.  You have full responsibility for each submission you make, including its legality, reliability, accuracy and appropriateness to the best of your knowledge;
  2. not to use the Information or the User's access to UMP Medical Centre (VC) for any illegal, improper, obscene or defamatory purpose;
  3. to take all steps to ensure the Information does not damage the User's information or systems;
  4. to UPML conducting research on access to the Information;
  5. to all UPML's disclaimers and limitations of liability set out in this notice;
  6. to UPML's personal data policies current from time to time applying; and
  7. to comply to the laws and regulations of corresponding country which the giving of false or misleading information to medical practitioner can be a serious offence.

 

You agree that any information (other than your personal information and patient information) uploaded through UMP Medical Centre (VC) is not generally confidential and UMP Medical Centre (VC) may use such information that you supply to improve our services and product offerings or UMP Medical Centre (VC) and also to provide you with additional information UMP Medical Centre (VC)’s products and services.  We may use common internet technologies, such as “cookies” to manage the information we receive from you.

 

Unless we specifically obtain your consent to share the personal information and patient information you entered into or uploaded to UMP Medical Centre (VC), UMP Medical Centre (VC) does not share such information with any Providers, other Users or third parties.  You will be specifically asked for your consent to disclose personal information and/or patient information before disclosure to any Providers, other User or third parties. In the event we provide a product or service to you, we may share certain information only with organizations who work with UMP Medical Centre (VC) in order to provide those services to you.

 

  1. Electronic Medical Record

Your UMP Medical Centre (VC) Electronic Medical Record (“EMR”) is created for you to enter, store and access your personal health information through UMP Medical Centre (VC), including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable laws with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation becomes part of your UMP Medical Centre (VC) EMR. You agree to provide accurate, current and complete information about yourself for your UMP Medical Centre (VC) EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your UMP Medical Centre (VC) EMR, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your UMP Medical Centre (VC) EMR. UPML and UMP Medical Centre (VC) are not responsible for maintaining data arising from use of UMP Medical Centre (VC). Subject to retention and destruction requirements imposed by law, UPML and UMP Medical Centre (VC) reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to UMP Medical Centre (VC) pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your UMP Medical Centre (VC) EMR in accordance with applicable laws, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through UMP Medical Centre (VC), you agree to disclose the contents of your complete UMP Medical Centre (VC) EMR to the provider who will conduct your consultation.

 

  1. Information Resources (Opt-IN)

By subscribing to UMP Medical Centre (VC) you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health related topics, preventive care messages containing specific medical and health related information, links to other related Web sites, and/or specific questions related to your UMP Medical Centre (VC) EMR. Additionally, UMP Medical Centre (VC) makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment, or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by UMP Medical Centre (VC). Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by UPML and UMP Medical Centre (VC). UPML and UMP Medical Centre (VC) make no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time in UMP Medical Centre (VC).

 

  1. Limitations on Use

You agree that you will not use the UMP Medical Centre (VC) for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use UMP Medical Centre (VC) in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of UMP Medical Centre (VC) to impersonate another person or misrepresent authorization to act on behalf of others or UMP Medical Centre (VC). All messages transmitted via UMP Medical Centre (VC) should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of UMP Medical Centre (VC), UPML, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect personal health information about any other individual who uses UMP Medical Centre (VC). You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate UMP Medical Centre (VC). You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of UMP Medical Centre (VC). You will not use robots or scripts with UMP Medical Centre (VC). You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by UPML.

 

You further agree that any information you provide or use on UMP Medical Centre (VC), and your use of UMP Medical Centre (VC) will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

 

UPML and UMP Medical Centre (VC) maintain the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

 

All customer-specific information provided by you in connection with UMP Medical Centre (VC) shall be governed by the UMP Medical Centre (VC) Privacy Policy. As part of these Terms of Use, you acknowledge that you understand, have read and accept all Terms of Use contained within the UMP Medical Centre (VC) Privacy Policy. UPML and UMP Medical Centre (VC) reserve the right to terminate any account that does not include a valid email address/ phone numbers on file. The valid email address/ phone numbers must be stored in the profile for your account on the UMP Medical Centre (VC) system.

 

  1. Operational Functionality

UPML reserves complete and sole discretion with respect to the operation of UMP Medical Centre (VC). UPML may, among other things withdraw, suspend or discontinue any functionality or feature of UMP Medical Centre (VC). UPML is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. UPML is not responsible for maintaining information arising from use of UMP Medical Centre (VC). Subject to applicable laws, UPML reserves the right to maintain, delete or destroy all communications and information posted or uploaded to UMP Medical Centre (VC) in accordance with its internal record retention and/or destruction policies.

 

  1. Intellectual Property

With the exception of your UMP Medical Centre (VC) EMR, UPML retains all right, title and interest in and to UMP Medical Centre (VC) and any Information, products, documentation, software or other materials on UMP Medical Centre (VC), and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing. The information available through UMP Medical Centre (VC) is the property of UPML.

 

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with UMP Medical Centre (VC). You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in UMP Medical Centre (VC) (which includes its software and documentation), create derivative works based on or in any manner commercially exploit UMP Medical Centre (VC), in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Use will be prosecuted to the fullest extent of the laws in corresponding countries. Whether a violation of any policies or Terms of Use has occurred is at the sole discretion of UMP Medical Centre (VC). Nothing contained on UMP Medical Centre (VC) should be construed as granting, by implication, estoppels, waiver or otherwise, any licence or right to use any trademarks, service marks or logos displayed on UMP Medical Centre (VC) without the written grant thereof by UPML, UMP Medical Centre (VC) or the third party owner of such trademarks, service marks and logos. UMP Medical Centre (VC) may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

 

  1. International Use

The Services are designed for and intended for users in Hong Kong. UPML and UMP Medical Centre (VC) make no representation that the information and services provided on UMP Medical Centre (VC) are applicable to, appropriate for, or available outside of Hong Kong. Accessing UMP Medical Centre (VC) where the content is illegal is prohibited.

 

  1. Legal Notices and Disclaimers.

 

General disclaimers

You acknowledge that your use of UMP Medical Centre (VC) is at your sole risk, and that you assume full responsibility for all risk associated therewith. All information, products or services contained on or provided through UMP Medical Centre (VC) are provided "as is" and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible under applicable laws UPML, UMP Medical Centre (VC) and its shareholders, affiliates, directors, officers, managers, employees or other representatives hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus strains. Without limiting the foregoing, UPML, UMP Medical Centre (VC) and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the UMP Medical Centre (VC) products and services provided hereunder. UMP Medical Centre (VC) makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products; or any treatment, action or application or preparation of medication based on information offered or provided through UMP Medical Centre (VC).

 

UPML and UMP Medical Centre (VC) do not endorse the promotions, products, or services of any third parties. UPML and UMP Medical Centre (VC) do not warrant or validate the information of any third party advertisements, promotions, communications or other materials. UPML and UMP Medical Centre (VC) do not assume any responsibility or liability for the accuracy of information contained in UMP Medical Centre (VC) or any third party web sites.

 

UPML expressly disclaims any responsibility, representation or warranty:

  1. in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, UMP Medical Centre (VC) or the Information;
  2. in relation to any goods or services accessed, offered or obtained through UMP Medical Centre (VC) or pursuant to the Information;
  3. that any access to UMP Medical Centre (VC) or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
  4. that the Information will not be objectionable or offensive to the User or any other person;
  5. for any error, omission or misstatement in or arising from the Information.

UPML does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute UPML's views or opinions. UPML will not be a party to any transaction between the User and any third person in any way relating to the Information or made through UMP Medical Centre (VC) unless and only to the extent expressly stated in writing otherwise.

 

 

 

Medical Disclaimers

UPML and UMP Medical Centre (VC) make no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of UMP Medical Centre (VC). You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. UPML and UMP Medical Centre (VC) do not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem.

 

Furthermore, UMP Medical Centre (VC) is not a substitute for your primary care physician. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that UMP Medical Centre (VC) does not provide medical advice, diagnosis, or treatment strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers. Provider using UMP Medical Centre (VC) might follow the standard referral protocol provided by UPML for referring patients concerned to appropriate medical centres, including but not limited to our UMP physical clinics/ specialist, or government hospital if the Provider deems necessary.

 

Content Disclaimers

No information found on UMP Medical Centre (VC) should be relied on as professional medical advice. Nothing contained in UMP Medical Centre (VC) should be construed, directly or indirectly, as the practice of medicine or providing medical services by UMP Medical Centre (VC). The information and services provided on or through UMP Medical Centre (VC) are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care.

 

The materials provided on UMP Medical Centre (VC) and in any other communications from or provided through UMP Medical Centre (VC) is not intended to be a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should never avoid or delay obtaining medical advice from a qualified medical professional because of the materials that you may have obtained through UMP Medical Centre (VC). Nothing stated or posted on UMP Medical Centre (VC)or available through any services is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. UPML and UMP Medical Centre (VC) make no warranties or representations as to the accuracy of the information provided on UMP Medical Centre (VC), and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on UMP Medical Centre (VC).

 

We do not recommend or endorse any Providers, medical/health care procedures, opinions, or other information that may be available on UMP Medical Centre (VC). If you rely on any of the information provided by UMP Medical Centre (VC), you do so solely at your own risk. The information that you obtain or receive from UMP Medical Centre (VC), and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on UMP Medical Centre (VC) is for informational and scheduling purposes only.  All medical or health care related information comes from independent medical practitioners, health care professionals and organizations which are registered with UMP Medical Centre (VC).  You assume the entire risk of loss in using UMP Medical Centre (VC) and information contained in UMP Medical Centre (VC).

 

  1. Service Reliability and Warranties

UPML and UMP Medical Centre (VC) make no warranty that the services provided will meet your requirements, or that the services provided will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by UMP Medical Centre (VC). UPML and UMP Medical Centre (VC) are not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. UPML does not warrant that the information or materials contained in UMP Medical Centre (VC) are current or accurate or that any of the products or services featured on UMP Medical Centre (VC) are available. UPML may change the materials appearing on UMP Medical Centre (VC) at any time without notice.

 

UPML and UMP Medical Centre (VC) will take commercially reasonable precautions to protect against failure of our equipment and software. The User acknowledges and agrees that temporary interruptions in service may occur, and that UPML and UMP Medical Centre (VC) shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of UMP Medical Centre (VC). The User acknowledges and agrees that data may be lost or corrupted in connection with use of UMP Medical Centre (VC). UPML and UMP Medical Centre (VC) may perform regular back-ups of all data stored, but shall have no liability to User in the event all data is lost or destroyed. User acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of UMP Medical Centre (VC).

 

  1. Shipping of Product

Product provided by UPML is strictly for personal use or consumption only.  We reserve the right to reject any order intend for other unintended purpose, including but not limited to trade or wholesale purposes. When we have doubts about the order, we might contact or notify the User through any means provided by the User.

 

User agrees to appoint our contracted courier as the agent to collect and deliver the ordered goods on behalf to the designated delivery address in Hong Kong. An additional charged specified by UPML might be incurred for delivery and product would only be dispatched after payment is completed if applicable.  Before the arrival of the goods, the User will receive a call notification from our courier. Please check whether all the purchased items are delivered against the invoice/delivery note (as the case may be), then sign and return the delivery note to our courier to confirm your receipt of goods.

 

If the User fail to receive the ordered products upon the first delivery appointment within reasonable time as specified by the courier, redelivery might be arranged. Otherwise, we (or via our courier) reserve the right to dispose of the products in order to protect corresponding patient’s privacy. All expected delivery dates and time are estimates only, we shall not be liable for any loss or damage incurred or suffered by the User as a result of any late delivery. In case of any dispute, our determination shall be final.

 

Some items require special shipping & handling. The most common exceptions are listed below, but other policy restrictions may apply.

  1. Prescription Drug:
    UPML ships all prescription drug in 1-2 business day with an adult (18 years or older) signature required when receipt. For controlled drugs (i.e. Dangerous Drugs), it can only be collected in our physical clinics and no home delivery will be arranged.
  2. Special prescription deliveries:
    If the medication prescribed contains refrigerated medicines, our policy is to ship them via SF Express, packaged with a cold gel pack to assure that they ship at the proper temperature. We require an adult signature (18 years or older) for delivery of these medications.

 

  1. Possession of Product

The User acknowledges that we will be using third party logistic company as your approved and authorized attorney for the collection and delivery of the products for you. The User will become the owner of, and be responsible for, the products when we dispatch them. The User will be responsible for keeping to any restrictions relating to receiving and using the products.

 

The ownership of product or service provided in UMP Medical Centre (VC) belongs to UPML and it is the responsibility for UPML to ensure that the relevant information released in UMP Medical Centre (VC) conforms to relevant laws and regulations.

 

  1. Indemnification

You agree to release, indemnify, defend and hold UPML and UMP Medical Centre (VC), our contractors, agents, employees, officers, directors and affiliates (Affiliates) harmless and from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney's fees, resulting from, relating to, or arising, directly or indirectly, out of or in connection with (i) your use or misuse of UMP Medical Centre (VC) or the services or any information posted on UMP Medical Centre (VC), (ii) your subscription, (iii) Your breach of the Terms of Use or the Privacy Policy, (iv) your relationship with any Provider, (v) the content or subject matter of or any information you provide to UPML, UMP Medical Centre (VC), any of its Affiliates, any Provider or customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of UMP Medical Centre (VC) or any information posted on UMP Medical Centre (VC), including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when UMP Medical Centre (VC) is threatened with such suit, UPML and UMP Medical Centre (VC) may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Use and may result in deactivation of your UMP Medical Centre (VC) account.

 

  1. Limitation of Liability

Except as prohibited by law, and without limitation:

 

UPML, its officers, directors, employees, and agents shall not be liable for the acts or omissions of any of the independent providers.

 

In no event shall UPML, its officers, directors, employees, and agents, nor any of its affiliates, be liable for any direct damages in excess of (i) the monthly or annual subscription rate paid under your plan, or (ii) in the event no purchase price was paid or required. In addition, to the maximum extent permitted by law, in no event shall UPML nor any of its affiliates, employees, agents, officers, or directors be liable for any special, punitive, indirect, incidental or consequential damages, that result from, arise out of, or are in any way connected with the use of, or the inability to use, this site or any service offered through this site or any material or information contained in, accessed through, or products purchased on this web site, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise, even if an authorized representative of UMP Medical Centre (VC) is advised of the likelihood or possibility of the same. To the extent certain jursidictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions. You acknowledge and agree that UMP Medical Centre (VC)’s aggregate liability to you for any damages, losses, fees, charges, expenses or liabilities, in circumstances where the foregoing limitation is finally determined to be unavailable shall be the minimum permitted by law.

 

UPML shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:

  1. any direct loss;
  2. any consequential or indirect loss (including without limitation loss of revenue or profits); or
  3. the User's liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or UMP Medical Centre (VC)'s use.

You agree to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases, and limitations of liability.

 

You shall be solely and fully responsible for any damage to UMP Medical Centre (VC) and its services or any computer system, any loss of data, or any improper use or disclosure of information on the services caused by you or any person using your user name or password. UPML and UMP Medical Centre (VC) do not assume any liability arising from the failure of any telecommunications infrastructure, or the internet or for misuse of any of the advice, ideas, information, instructions, or guidelines accessed through the services.

 

  1. Third Party Protection

The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of UPML, UMP Medical Centre (VC), and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

  1. Third Party Merchants

We may have payment service providers hosted in our APP which are operated by third party merchants.  If you want to use, order or receive any services and/or products from any of them, please note that any personally identifiable information you provide, once transferred to the relevant merchant, is beyond our control and thus outside the scope of protection afforded by us.

 

  1. Third Parties Websites

UMP Medical Centre (VC) may contain materials produced by third parties or links to other websites. UPML accept no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to UMP Medical Centre (VC)) which are not under UPML's direct control. UPML reserves the right to require the removal of any link from another website to UMP Medical Centre (VC) which is installed without obtaining the prior written consent of UPML.

 

  1. Termination and Survival

UMP Medical Centre (VC) may terminate the services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Use, or the intellectual property protections applicable to these services provided (Defined Above). UPML and UMP Medical Centre (VC) may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts. Upon notice of termination of services by UPML and UMP Medical Centre (VC) to you via any means provided by you to your UMP Medical Centre (VC) account. UPML and UMP Medical Centre (VC) have the right to delete all data, files, or other information that is stored in the User’s account for any reason. The Indemnification, Limitation of Liability, Copyright, Jurisdiction, Warranty Waiver, Network Security, Compliance with Anti-Spamming Laws and Privacy Terms of Use stated herein shall survive termination of this Agreement.

 

  1. Fees and Applicable Charges

You agree that you are solely responsible for all administrative fees, subscription fees and consultation fees for the use of UMP Medical Centre (VC), pursuant to the schedule of subscriptions and fees set forth on UMP Medical Centre (VC). If your employer or agency has arranged with UPML to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with UPML that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your physician or health plan to determine if any services are covered. As further consideration for the services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for UMP Medical Centre (VC) and maintain and update this information as needed to keep it current, complete and accurate. By completing and submitting the sign-up form, you represent that the statements in your application are true and accurate. You agree that any unpaid balance due hereunder shall bear additional charges, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. UPML and UMP Medical Centre (VC) reserve the right to modify the pricing structure at any time and implement the new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand that services may not be provided or that scheduled consultations may be cancelled if your credit card information is inaccurate or invalid. UPML and UMP Medical Centre (VC) may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy. You acknowledge that, should you wish to have access to these services, UMP Medical Centre (VC) will collect the payment for such services for and on behalf of the Providers and other users providing such services. You acknowledge and confirm that UMP Medical Centre (VC) is simply a platform and shall not be liable for the provision of such services or be treated as the provider of health care or medical services on account of such collection of payments or for the provision of these services, for any reason whatsoever.

 

Payment for the services may be made through payment gateways designated on UMP Medical Centre (VC).

 

By proceeding with payment:

  1. If you are already member or an employee of an organization that have a business relationship with UPML, UMP Medical Centre (VC) and its Affiliates, you acknowledge and confirm that you have become aware of our services from sources that originate from such organization, including but not limited to any other agencies, companies that may have a business relationship with such organization, and in making available to you information about the healthcare services we offer;
  2. If you currently are not a member or an employee of an organization as stated in (a) above, by proceeding with accepting our terms and conditions, you irrevocably acknowledge that you have chosen to automatically become a member of UPML, UMP Medical Centre (VC) and its Affiliates, and that you accept any further information and services that are made available to you after you have become a member of UPML, UMP Medical Centre (VC) and its Affiliates. UPML, UMP Medical Centre (VC) and its Affiliates may, in its ordinary course of business, collaborate with other agencies and companies to make available information relating to our services to you.

 

  1. Force Majeure

Notwithstanding anything herein to the contrary, UPML and UMP Medical Centre (VC) shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

 

  1. No Third Party Rights

Unless expressly granted in these Terms of Use or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any persons other than you, UPML, UMP Medical Centre (VC) and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, UPML, UMP Medical Centre (VC) or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, UPML, UMP Medical Centre (VC) or its Affiliates.

 

  1. Assignment

You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without UMP Medical Centre (VC)’s prior written consent. UMP Medical Centre (VC) may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

 

  1. Privacy

By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy and Notice of Privacy Practices, which is incorporated herein and made part of these Terms of Use by reference.

 

  1. Governing Law, Jurisdiction, and Venue

These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, the People’s Republic of China, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable court located in Hong Kong. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to UPML and UMP Medical Centre (VC) must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to UMP Medical Centre (VC).

 

  1. Dispute Resolution

Any dispute, claim, difference or controversy arising out of or relating to these Terms of Use, including the existence, validity, interpretation,  performance, breach or termination thereof,  or any dispute relating to non contractual obligations arising out of or in relating to it, including the services, the provision of medical services, the use of UMP Medical Centre (VC) or the APP or information to which it gives access, shall be referred to and determined by arbitration administered by the Hong Kong Arbitration Centre (the “HKIAC”).

 

The arbitration shall be conducted in accordance with the rules of the HKIAC in force at the time of applying for arbitration.  The number of arbitrators conducting the arbitration shall be [one or three].  Unless the parties agree otherwise, the arbitration shall be conducted in English. The seat of arbitration shall be Hong Kong.  The arbitration award rendered by the HKIAC shall be final and binding on all the relevant parties. The arbitration expenses shall be borne by the losing party unless otherwise determined in the award.

 

  1. Compliance with Applicable Laws and Rules

You will comply with these Terms of Use, UMP Medical Centre (VC)’s policies and procedures from time to time notified and implemented, and all applicable laws and regulations.

 

UMP Medical Centre (VC) offers no assurance that your use of the APP and the services under this agreement will not violate any law or regulation applicable to you.

 

UPML maintains UMP Medical Centre (VC) in Hong Kong and makes no representation and expressly disclaims any statement or assurance that the materials and services on UMP Medical Centre (VC) are appropriate or available for use in locations outside of Hong Kong.  If you access UMP Medical Centre (VC) outside of Hong Kong, you do so at your own risk and initiative.

 

You agree that UMP Medical Centre (VC), UMP Medical Centre (VC)‘s licensors, licensees and Providers and all other persons or entities involved in the operation of the APP and functionalities provided through UMP Medical Centre (VC), have the right to monitor, retrieve, store, review and use patient information, if applicable, in connection with the operation or use of the APP, personal information and as required for the provision of the services.

 

UMP Medical Centre (VC) does not assume any responsibility for your use or misuse of the materials or other information transmitted, monitored, stored or received while using UMP Medical Centre (VC) or otherwise, including the receipt and use of patient information outside of Hong Kong. UMP Medical Centre (VC) reserves the right to amend or delete any material (along with the right to revoke any membership or restrict access to UMP Medical Centre (VC)) that in UMP Medical Centre (VC)’s sole discretion violates the above.

 

  1. Enforcement Costs

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

 

  1. Waiver of Jury Trial

The parties hereto hereby waive trial by jury in any litigation, suit or proceeding, in any court with respect to, in conjunction with, or arising out of these terms of use or the privacy policy or the validity, protection, interpretation, collection or enforcement thereof, and/or performance of any of the obligations or services hereunder or thereunder; provided, however, that with respect to any compulsory counterclaim (i.e., a claim by a party hereto against another party which, if not brought in such action, would result in the first party being forever barred from bringing such claim), a party hereto shall have the right to raise such compulsory counterclaim in any such litigation, suit or proceeding, whether or not it is being tried by a jury.

 

  1. Waiver

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

 

  1. Severability

The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable. Where this Disclaimer, Terms of Use and Privacy Notice are available in Chinese, or any other languages, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.

 

  1. Entire Agreement

These Terms of Use, together with any UPML and UMP Medical Centre (VC) rules or policies referred to herein, represents the entire agreement between you and UMP Medical Centre (VC) concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. UPML and UMP Medical Centre (VC) may modify this Terms of Use as set forth above.

 

  1. General Provisions

These Terms of Use constitute the entire agreement between the you and UMP Medical Centre (VC) with respect to and govern your use of UMP Medical Centre (VC) and the services provided in UMP Medical Centre (VC), superseding any prior written or oral agreements in relation to the same subject matter herein.

 

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

The headings of these Terms of Use are for reference purposes only and do not in any way define, limit, construe or describe the scope or extent of such section or the provisions contained therein.

 

A party’s failure to enforce any right or failure to act with respect to any breach by a party under these Terms of Use will not constitute a waiver of that right nor a waiver of such party’s right to act with respect to subsequent or similar breaches.

 

The provisions of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of the laws of Hong Kong are expressly excluded from these Terms of Use and any other documents issued pursuant thereto.

 

The Terms of Use shall be binding on the successors and permitted assigns of each of the parties. 

 

Words in the Terms of Use indicating the singular only also include the plural and vice-versa where the context so requires. 

 

  1. Comments, Suggestions and Submissions

UPML and UMP Medical Centre (VC) welcome comments, suggestions and submissions by its Users. Any comments, suggestions and submissions made by Users, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to UMP Medical Centre (VC) shall become the exclusive property of UPML. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to UPML of all rights whatsoever (copyright, patentability, and intellectual property). UPML shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to User. Please submit comments and suggestions to UMP at service@ump.com.hk.

 

This concludes this section of our UMP Medical Centre (VC) Terms of Use, amended 16 March, 2020.

 


 

UMP Medical Centre (VC) User Privacy Notice

 

UPML and UMP Medical Centre (VC) understand you have concern over how your information is used and shared. Since we care about your trust, we want to assure you that we will be careful and sensible in dealing with your information.

 

The following notice is a summary of our Privacy Policy. By using UMP Medical Centre (VC) you are accepting the practices described in this Privacy Notice.

 

What Personal Information About Users Does UMP Medical Centre (VC) Obtain?

The information we learn from users helps us personalize and continually improve your experience at UMP Medical Centre (VC). The types of information we obtain is as follows:

 

Does UMP Medical Centre (VC) Share Information About You?

Information about our users is an important part of our business, and we do not sell it to others. We share User’s information only as described below and with subdivisions of UPML and UMP Medical Centre (VC). These divisions are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Since we have links which put the user into other company websites which we do not control, we recommend reading their individual privacy notices. These other companies may employ practices which are more or less restrictive than those which we use at UMP Medical Centre (VC).

We may employ other businesses and individuals to complete tasks for UMP Medical Centre (VC). Examples include fulfilling orders, delivering packages, maintaining servers and computer systems, printing account cards, distributing vendor supplies, and consumer kits, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

The website contains promotional offers with links to third party websites. Once a User has clicked on and left UMP Medical Centre (VC) we are no longer responsible for the content appearing in the browser, nor that the link will function as desired. Companies which have banner advertising or other promotions on UMP Medical Centre (VC) are responsible for the content, claims and offers made in the advertising. Any User with a question or problem regarding any advertiser should contact the advertiser directly.

We release account and other personal information when we think it is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of UMP Medical Centre (VC), our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Of course, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

As our business grows, we might sell or buy interest in vendors, subsidiaries, or business units. In such transactions, User’s information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, you consent otherwise). Also, in the unlikely event that UPML, UMP Medical Centre (VC), or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 

How Secure Is My Information?

 

What Information Can I Access?

 

What Choices Exist For Providing Information?

 

Conditions of Use, Notices, and Revisions

If you choose to use UMP Medical Centre (VC), your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the laws of corresponding countries. If you have any concern about privacy in UMP Medical Centre (VC), please contact us with a thorough description, and we will try to resolve the issue.

 

Since UMP Medical Centre (VC) changes constantly, our Privacy Notice and the Conditions of Use may also change. Without notice, you should check on UMP Medical Centre (VC) frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of user’s information collected in the past without the consent of affected users.

 

Information You Provide

You provide most such information when you search, buy, participate in forums, or communicate with our customer service team. For example, you provide information when you search for a product; place an order through UMP Medical Centre (VC); communicate with us by phone, e-mail, or otherwise; or provide other information when opening an account. Due to those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; e-mail addresses of other people; and financial information, including personal identifiers.

 

Automatic Information

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your device to the Internet; login; e-mail address; password; time and date of visit; device and connection information such as operating system, and platform; purchase history; the full Uniform Resource Locator (URL) click stream to, through, and from our UMP Medical Centre (VC), including date and time; products you viewed or searched for; products you visited; and the phone number you used to call our company.

 

During some visits we may use software tools such as SQL, Java, Analytics, or JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. Much of this information is kept for purposes of protecting and tracing transactions should the need arise to intervene as in the case of stolen identities or credit card fraud.

 

Information from Other Sources

Examples of information we receive from other sources include updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase or communication in a timely fashion; account information, purchase or redemption information, and page-view information from some merchants with which we have agreements or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from some searches conducted through search features; search results and links, including paid listings; and credit history information from credit bureaus, which we use to help prevent and detect fraud.

 

Information You Can Access

The information accessible may include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications and preferences); payment settings (including credit card information); notification settings; product shopping lists; shipping and stocking information.

 

This concludes this section of our UMP Medical Centre (VC) Privacy Notice, amended 16 March, 2020.