Terms of Use (“Terms”)

Thank you for accessing https://take2health.net/ (the “Website”). Please read these Terms of Use carefully before using the Website, which is managed and operated by Take2 Health Limited (“we”, “us”, “ours”), whose registered office is located at 21/F, Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, BROWSING AND/OR USING OUR WEBSITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE.

These Terms may be modified by us at any time with or without notice or liability to you. Modifications are effective when posted on this Website and your continued use of the Website constitutes acceptance to those modifications. Please review the Terms each time when you access or use the Website.

If you do not accept these Terms, including any modifications made to them, please refrain from using the Website immediately.

We may run promotional campaigns via the Website and separate sets of terms and conditions may also be applicable with respect to such campaigns.

1. Access to the Website and Website Content

We reserve the right to change the content or technical specifications of any aspect of the Website or otherwise terminate the Website at any time at our own discretion. You acknowledge that any such change may result in the unavailability or malfunction of the Website. We may also terminate these Terms with or without cause at any time.

While we endeavour to ensure the accuracy of the information or materials including images, data, reports, videos and audios or other materials and services including subscription services, communications, transmission and other tangible or intangible items, provided on the Website (“Information”), we do not guarantee or give any warranty as to the accuracy, currency or completeness of any such Information.

The Information is prepared for general use only and does not in any way constitute or replace medical advice or other professional advice and shall not be relied upon as such. The Website is not intended to create any fiduciary duty between you and us. You are advised to seek formal professional advice on any matters that such Information may be related to. In all events, you will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information.

The Information contained in this Website is catered specifically to the Hong Kong market.

2. Live Chat

The live chat function available on the Website are software integrated into the Website. It is designed to allow you to contact and speak with us directly via third-party software applications so that we could address enquiries relating to our products and/or services. We endeavour to answer any questions as soon as practicable usually during normal business hours, but no assurance or warranty, express or implied, can be given on the availability and reliability of the live chat function.

You shall solely be responsible for any questions and/or content posted via the live chat function and shall use the live chat function at your own risk. When we refer to the Website in these Terms, it also includes the live chat function.

3. Medical Appointments

We do not provide any medical services but you may make appointments with our partnering healthcare professionals or medical service providers via our Website (“Appointment Service”). All such information relating to the identity, location, expertise and appointment availability of the healthcare professionals or medical service providers are provided to us by the relevant practitioners or administrators and we give no warranty as to the accuracy, currency and reliability of such information.

You will be asked for your personal information, including but not limited to your medical history for us to arrange for the appointment. When providing us your information, you undertake to provide true, accurate, current and complete information about yourself as required for us to provide our Appointment Service.

We shall determine the method by which we confirm the appointment with you and thereafter, all dealings and communications regarding the appointment, prescriptions, procedures or any treatment arising from the appointment (“Dealings”) will be between you and the relevant medical practitioners and/or clinics. We shall not be responsible for any communications and Dealings between you and the relevant medical practitioners and/or clinics. In particular, we are not an agent of any of the medical practitioners and/or clinics and have no responsibility for and no liability whatsoever in respect of the legality, quality and suitability of the conduct or services of such parties.

IF YOU REQUIRE URGENT MEDICAL ATTENTION, PLEASE VISIT A NEARBY HOSPITAL OR ASK FOR THE AMBULANCE SERVICE AND DO NOT USE OUR APPOINTMENT SERVICE FOR ANY EMERGENCY SITUATION.

4. External Links

There may be external links that will cause you to leave this Website and access websites of other third-parties. Unless otherwise indicated in writing, all external websites are not under our control and we are not responsible for the content of such external websites or any link contained therein. The existence of links to external websites is not an endorsement by us in favour of such websites or the products or services contained in such websites and we do not provide any warranty or responsibility whosoever for any aspect of them. You are recommended to consult the terms of use and privacy policy of the external website in question to understand your rights and obligations in accessing and using those external websites.

5. Intellectual Property

The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other materials ("Content") are protected by copyrights, trademarks and/or other proprietary rights and applicable laws. The Content includes both contents owned or controlled by us and those owned or controlled by third parties and licensed to us. All individual articles, reports, videos, and other elements making up the Website may be copyrighted works. You agree to abide by all copyright notices or restrictions contained in the Website. You agree not to and not to permit anyone else to use any of the Content without our prior express written consent and you acknowledge that you have no ownership rights in the Content. You agree to notify us in writing promptly upon becoming aware of any unauthorised access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.

6. Licence and Download Rights

You acquire no rights or licences in or to the Website and/or the Content just by accessing our Website other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section.

Other than as provided in this section, you may not by yourself or otherwise permit anyone else to copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website (including the Content and Information).

Any download is only permitted on the conditions that:

(i) you make no more than one copy of such download and no further copies of such copy (printed or non-printed) are or will be made;

(ii) the download and/or copy is made for personal, non-commercial use only; and

(iii) you retain all copyright notices on such download and/or copy and shall remain bound by such notices.

In addition, you cannot offer for sale or sell or distribute over any other medium the Content or any part thereof. Further, you agree not to make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise.

If the Website allows you to upload or provide content or information to us (“Feedback”), to the extent permitted by laws, you acknowledge and agree to grant us the right to use such Feedback for the purpose for which it is collected without any compensation to you. Any Feedback you send to us on or via the Website will be deemed to be non-confidential and non-proprietary unless it is indicated to be otherwise. You are prohibited from transmitting to or from this Website any unlawful, threatening, libellous, defamatory, obscene, inflammatory, or pornographic materials or other materials that could give rise to any civil or criminal liability under applicable laws.

7. Limited Liability and Warranty, and Disclaimer

The Website and the Content are provided "as is" excluding any representations or warranties of any kind, either express or implied, to the fullest extent permitted by applicable laws including but not limited to, the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third-party rights. We accept no responsibility or liability for any products, services, features or functions available on the Website.

We do not guarantee, warrant or assume any responsibility that:

(i) the Website will always be available for access;

(ii) all Information on the Website is accurate, adequate, current or may be used for any purpose other than for general reference;

(iii) the access to our Website will be uninterrupted or free of defect, error, omission or that the Website is free to virus, worms or “Trojan horses” and we shall not be made liable for any damage you may suffer as a result of such destructive outcome; and

(iv) all data or communications sent through the Website would be free from corruption, loss or interception.

Further, we do not warrant that the Website is compatible with your computer equipment and/or device. You shall be solely responsible for ensuring that you have the suitable device, internet connections or other ancillary support services for using and accessing the Website and any feature contained therein.

Save in respect of fraud and of personal injury or death to the extent it results from our gross negligence, in no event we shall be liable to you or any other person for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including any loss of business, revenue or profit and anticipation of the foregoing, arising out of any use, or inability to use, any aspect of the Website, even if we have been advised of the possibility of such damages.

8. Indemnity

You agree to defend, indemnify and hold us, our employees, agents, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these Terms and/or your use of the Website. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

9. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

10. Language

The original English version of these Terms may be translated into other languages. In the event of a dispute about the contents or interpretation of these Terms or inconsistency or discrepancy between the English version and other language versions, the English version shall prevail.

11. MISCELLANEOUS

No waiver of any breach under these Terms will amount to a waiver of any other breach. The headings in these Terms are for convenience only and do not affect interpretation. No one other than a party to this document, their successors and permitted assignees, shall have any rights under the Contract (Rights of Third Parties) Ordinance (Cap. 623 of the Hong Kong Laws) to enforce any term of this Term.

12. Governing Law and Dispute Resolution

The Terms shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the exclusive jurisdiction of the Hong Kong courts.

13. Questions or Comments

If you have any question or comments in relation to our Website, please feel free to contact us. Our contact details are as follow:

Mailing address: Unit 506, 5/F, Building 12W, Hong Kong Science Park, Sha Tin, N.T., Hong Kong

Email address: info@take2.health

Telephone number: +852 3613 0533

Facsimile Number: +852 3613 0534