Comedi Health Terms and Conditions
By using Comedi Health and/or using any services thereunder, you will be deemed a user under Comedi Health (“User”) and agree to be bound by all the terms and conditions of Comedi Health, including these Terms and Conditions and the “Comedi Health Privacy Statement”, which may be varied from time to time without prior notice.
Right To Modify
We reserve the right to make changes of any information on “Comedi Health” including the Terms of Use at any time for valid reasons including but not limited to improving existing functions or features, adding new functions or features to the Services, having reasonable adjustments to the services and ensuring the operability or the security. You are advised to check the Terms of Use of the latest version of “Comedi Health” every time you download, access and/or use “Comedi Health” or the online platform.
Comedi Health reserves the right to modify and revise all terms and conditions herein contained from time to time without prior notice.
1. About Comedi Health
1.1 Comedi Health is a platform operated by Comedi Health Technology Limited (“Comedi”, “We”, “Us”). We, operate, inter alia a mobile application/online platform which facilitates the provision of medical and healthcare services to eligible users physically located in Hong Kong by Hong Kong-registered medical practitioners, Hong Kong-registered/listed Chinese medicine practitioners and other healthcare professionals (Healthcare Services Providers). Neither Comedi nor Comedi Health is licensed or registered to provide medical or healthcare advice and services. Comedi and Comedi Health do not assume the role of any professional medical or healthcare body, do not practice medicine or healthcare services and do not provide any medical or healthcare opinions, advice, or consultations or prescribe medication or other medical, healthcare or clinical services.
1.2 User(s) uses Comedi Health and the services available thereunder solely at your own risk. Any information, advice, opinion, diagnosis, treatment, service, Medical Certificate and/or medication provided by a medical practitioner / Chinese medicine practitioner / healthcare professional are on behalf of the particular medical practitioner / Chinese medicine practitioner / healthcare professional, based solely on the medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s exercise of her professional judgment.
1.3 Comedi and Comedi Health do not recommend or endorse any particular medical practitioners / Chinese medicine practitioners / healthcare professionals; and are not responsible or liable, and do not endorse or support or recommend any information, advice, opinion, diagnosis, treatment, service, Medical Certificate and/or medication prescribed or given by those medical practitioners / Chinese medicine practitioners / healthcare professionals via Comedi Health, for any reason whatsoever.
1.4 Comedi and Comedi Health shall not in any way be responsible or liable should there be any use or misuse of any of your prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer your prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
1.5 Comedi Health is not suitable for symptoms requiring immediate medical assistance. Comedi Health does not provide emergency medical service; or provide care for any acute medical conditions. please call for an ambulance or going to the Accident & Emergency Department at your nearest hospital if emergency medical services are needed.
1.6 Comedi Health 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:
- Chest pain
- Severe bleeding
- Severe difficulty in breathing (shortness of breath)
- Sudden, severe pain anywhere in the body
- Moderate to severe burns
- Convulsions or seizures
- Change in mental status (such as unusual behaviour, confusion, difficulty waking from sleep)
- Head or spinal injuries
- Serious limb impairment or broken bone
1.7 If your conditions or symptoms persist or worsen, please seek additional medical advice.
2. User(s) Registration
2.1 To access the services, you must register as a user on the Comedi Health App. You will have to provide certain information, including but not limited to your name, email address and mobile number, and any necessary personal information. Each individual is entitled to have one Comedi Health account only.
2.2 While installing the Comedi Health, you will be asked to give your consent for Comedi Health’s access to certain features on your mobile device, to enable us to provide the comprehensive features of the services to you. If you do not give your consent, you will not be able to use the Comedi Health or some features of the services.
2.3 We may allow you to access the publicly available contents on “Comedi Health” or use some of the features without registered account. However, you must register on Comedi Health accordingly in order to use the functions of Comedi Health which including but not limited to scheduling an appointment with medical practitioner / Chinese medicine practitioner / healthcare professional or conduct a transaction on Comedi Health.
2.4 Registration with Comedi Health does not guarantee a user will be able to make an appointment to attend an online consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional on Comedi Health.
2.5 If a user is a minor, any registration of Comedi Health must be with the permission of the minor user’s parent / legal guardian, who will also be the minor’s emergency contact and be the one to be agreeing to the Comedi Health T&C on behalf of the minor. Also, if you are a minor (i.e. under 18 years of age) at the time of online consultation, you are required to be physically accompanied by an adult during the online consultation.
3. Security of your account
3.1 User must keep the username and password confidentially. You agree not to disclose Your password to any third party without our consent.
3.2 User must notify us immediately up on any breach of security or unauthorized use of Your account.
3.3 User is responsible for keeping your mobile device and your “Comedi Health” account safe and secure. To protect your account, please take all reasonable precautions to keep your mobile device and your security information safe and prevent any unauthorized use.
3.4 User are fully responsible for all the activities that happen on or through your account. Comedi will regard all use of your account of “Comedi Health” as being you, except where we have received and acknowledged your notification to us regarding your account that has been compromised.
4. Online Consultation Services
4.1 Comedi Health is a platform which facilitates the provision of medical and healthcare services to eligible users by Hong Kong-registered medical practitioners, Hong Kong registered/ listed Chinese medicine practitioners and/or other healthcare professionals.
4.2 The medical practitioner / Chinese medicine practitioner / healthcare professional may request a user to show the identification document (e.g. her Hong Kong Identity Card) used to book for the online consultation on Comedi Health via the online consultation in order for the medical practitioner / Chinese medicine practitioner / healthcare professional to verify the identity of the user. If the User fails to do so, the medical practitioner / Chinese medicine practitioner / healthcare professional may at his/her sole discretion reject the user for the online consultation.
4.3 After a consultation, based on medical practitioner or a Chinese medicine practitioner’s professional judgement, his/her renders it necessary and appropriate he/she may issue prescription note, medical certificates, and/or referral letters and/or prescribe medication or treatment to you. Any such medication and Medical Certificate, together with a Comedi Health receipt, will be delivered to your designated address.
4.4 Delivery Service for Medical Consultation Service will cover addresses in Hong Kong Island, Kowloon and the New Territories, except any of the following areas and locations:
(a) Central and Western: Mount Davis
(b) Eastern: Tai Tam Road (Chai Wan Section), Cape Collinson Road
(c) Southern: Tai Tam, Shek O, Hong Kong Parkview, Cape D’ Aguilar, Brick Hill
(d) Wan Chai: Jardines Lookout, Mount Butler Firing Range
(e) Kowloon City: Fei Ngo Shan, Kwun Yam Shan
(f) Sham Shui Po: Stonecutters Island, Caldecott Hill
(g) Kwun Tong: Kai Tak Cruise Terminal
(h) Kwai Tsing and Tsuen Wan: Sham Tseng, Wonderland Villas, Tai Mo Shan, Kwai Tsing Container Terminal 1-9, Tso Kung Tam Outdoor Recreation Centre, Muk Min Ha Tsuen, Ting Kau, Shing Mun Reservoir
(i) Tai Po: The Hong Kong Institute of Education, Sam Mun Tsai, Tai Mei Tuk, Tai Po Kau, Tai Po Wun Yiu Road, Kadoorie Farm and Botanic, Garden, Ng Tung Chai, Brides Pool, Tai Po Fung Yuen Road
(j) Northern: Kwan Tei, Sha Tau Kok, Kwu Tung, Lok Ma, Chau, Kau Lung Hang, Wo Hop Shek Cemetery, Ta Shek Wu, Hong Kong Golf Club, Tsiu Keng, Luk Keng, Wu Kau Tang, Sheung Shui Wa Shan, Ping Che, Ta Kwu Ling, Sandy Ridge, Pat Sin Leng, Lung Shan Temple
(k) Yuen Long: Tai Tong, Fairview Park, Palm Springs, Mong Tseng Wai, Nim Wan, Sheung / Ha Pak Nai, Pat Heung, Shek Kong, Mai Po, Nam Sang Wai, Tai Tong Lychee Valley, Tai Tong Country Park
(l) Tuen Mun: Siu Lam, Tai Lam, Tuen Mun River Trade Terminal, Lung Kwu Tan
(m) Sai Kung: Lady MacLehose Holiday Village, Wong Shek Pier, High Island Reservoir, Po Toi O, Tai Au Mun, Silverstrand, Ho Chung, Shap Sze Heung, Tseng Lan Shue, Yung Shue O, Tai Mong Tsai, Pak Tam Chung, Sai Sha, Tseng Tau
(n) Sha Tin: Kau To Shan, Kam Shan, Ma On Shan Tsuen, Po Fook Memorial Hall, Tao Fong Shan
(o) Tseung Kwan O: Junk Bay Chinese Permanent Cemetery
(p) Islands: Ngong Ping, Pui O,Tai O,Tong Fuk,Mui Wo,Tung Chung Road,Tai Long Wan Village, Asia Expo, Ma Wan, Hong Kong Disneyland, artificial island, Discovery Bay, Siu Ho Wan
(q) Others: Frontier Closed Area, Lo Wu, Man Kam To
4.5 Comedi/ Comedi Health will not arrange for delivery of any medication which is regarded as dangerous drug under the Dangerous Drugs Ordinance (Chapter 134 of the Laws of Hong Kong).
4.6 If a delivery agent arrives at your designated address at the agreed delivery time but somehow is unable to make the delivery for any reason whatsoever (other than due to the fault of the delivery agent), you will be liable to pay a surcharge for the delivery as may be required to Comedi Health or directly to our delivery partner (a 3rd Party Provider).
4.7 Operating hours of Comedi Health and the services thereunder (including, without limitation, Delivery Service) will be suspended under adverse weather conditions or other special circumstances, including, without limitation, typhoon signal No. 8 or above, black rainstorm warning, serious flooding or road blockage or closure due to bad weather.
4.8 Comedi/ Comedi Health hold no liability to you for any delay in delivering medication that you have prescribed or ordered caused by any circumstance beyond our reasonable control (including but not limited to, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts of Government, and imposition of restrictions on imports or exports).
5. Appointment Booking
5.1 When you make a booking request for a consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional, you are required to upload a clear image of your valid Hong Kong Identity Card, passport or birth certificate onto Comedi Health. If you do not do so, your booking request may be declined.
5.2 When you make a booking request for a consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional, you may be able to select for a general or specialist medical practitioner / a Chinese medicine practitioner or healthcare professional. When you make your selection of which medical practitioner / Chinese medicine practitioner / healthcare professional to book on Comedi Health, you understand and accept each of the followings:
(a) The consultation fees for each medical practitioner / Chinese medicine practitioner / healthcare professional may be different;
(b) The consultation fees for a medical practitioner/ Chinese medicine practitioner may include up to certain number of days of basic medication, if the medical practitioner/ Chinese medicine practitioner renders it necessary and appropriate based solely on his/her professional judgment, and you may be liable to pay medication fees for any extra or designated medication;
(c) Comedi/ Comedi Health do not in any way recommend or endorse any hospitals, clinics, healthcare providers, medical practitioners, Chinese medicine practitioners or other healthcare professionals, and any medical practitioner(s) / Chinese medicine practitioner(s) / healthcare professional(s) made available for your booking selection should not in any way be construed as recommendation or endorsement by Comedi Health of such medical practitioner(s) / Chinese medicine practitioner(s) / healthcare professional(s);
(d) Any information concerning any hospitals, clinics, healthcare providers, medical practitioners / Chinese medicine practitioners and/or healthcare professionals on the Comedi Health website and the Comedi Health App are directly provided by the relevant hospital, clinics, healthcare provider, medical practitioner Chinese medicine practitioner and/or healthcare professional, and we are not in any way responsible for the provision, accuracy or completeness of such information; and
(e) User is solely responsible for selecting which medical practitioner / Chinese medicine practitioner / healthcare professional you wish to book, including suitability in relation to any symptoms you may be experiencing.
5.3 To make a booking request to attend an online consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional on Comedi Health, you need to pay a consultation fee (including consultation fee and delivery fee), which the consultation fee will be fully deducted from the final amount payable for your use of Comedi Health service upon completion of a consultation.
5.4 If you do not show up at or are late to the scheduled start time of a consultation or if you do not pay all the payable charges within one (1) hour of receiving the notification on Comedi Health, the paid charge will be forfeited, and no medication or Medical Certificate will be prescribed, issued or delivered to you. If you request for another booking on Comedi Health, you will be required to pay a Comedi consultation fee again.
5.5 If you want to reschedule a confirmed appointment, you will have to cancel your scheduled appointment at least four (4) hours prior to the scheduled appointment time and request for a new booking on Comedi Health. If the cancellation is accepted, full refund of the consultation fee (if any) for the appointment will be made to the user. If you cancel your confirmed scheduled appointment less than four (4) hours before the scheduled appointment time, your consultation fee will be forfeited; and if you make a new booking on Comedi Health, you will be required to pay a Comedi consultation fee again.
5.6 If, when commencement of a consultation with you, the medical practitioner / Chinese medicine practitioner / healthcare professional is of the opinion (based solely on her professional judgment) that you are in fact not suitable for a consultation via the Comedi Health App for whatever reason and the total time spent by the medical practitioner / Chinese medicine practitioner / healthcare professional on the consultation is more than two (2) minutes (as counted by the Comedi Health system), the medical practitioner / Chinese medicine practitioner / healthcare professional shall be entitled to charge you as if it were a completed consultation.
5.7 Comedi/ Comedi Health cannot guarantee the medical practitioner / Chinese medicine practitioner / healthcare professional you have requested will be available for a consultation at your desired time.
6. Online Consultation and Delivery
6.1 Any online consultation is between you and the relevant medical practitioner / Chinese medicine practitioner / healthcare professional. It is without any involvement of or visibility to Comedi.
6.2 If the User is a minor at the time of the consultation, the minor User is required to be physically accompanied by an adult throughout the consultation.
6.3 Both sides (user (and anyone, including those who may be accompanying you during your consultation) and medical practitioner / Chinese medicine practitioner / healthcare professional) are not allowed to take any screen capture, photograph, sound-recording or video of any part of a consultation or any part of the interface of the Comedi Health App during a consultation, unless upon mutually agreed.
6.4 Comedi/ Comedi Health do not guarantee that a medical practitioner / Chinese medicine practitioner will prescribe any medications and/or issue any Medical Certificates to you after a consultation in any way. Any medication prescribed is not returnable, exchangeable or refundable. If the medical practitioner / Chinese medicine practitioner does not prescribe any medication, nor issue any Medical Certificate to you after a consultation, there will not be any refund of the consultation fee payable for the consultation, despite the lack of any prescribed medication and/or delivery of any medication or Medical Certificate.
6.5 If, after a consultation, the medical practitioner has prescribed medication and/or issued any Medical Certificates to you, Comedi Health will, upon your full payment of all Charges payable, contact you via the Comedi Health App. We may deem appropriate to arrange for delivery of the medication and/or Medical Certificate(s), together with the Comedi Health receipt, all in a Comedi Health delivery bag to your designated address.
6.6 To enable delivery of the Delivery Bag, we will send you a unique case number via the Comedi Health App, which case number must be shown delivery bag or told to the designated delivery agent when collecting the Delivery Bag at your designated address.
6.7 You should collect the Delivery Bag in person at the designated address. However, if you are not available to collect in person for any reason, please ensure that the person accepting the Delivery Bag is over 18 years of age and duly authorised by you, and is able to show or tell the case number to the designated delivery agent. By being able to show or tell your case number, the designated delivery agent shall deem the person collecting the Delivery Bag is over 18 years of age and duly authorised to collect the same for and on your behalf, without having to verify her identity.
6.8 Instructions on how to take or administer any prescribed medications will be stated on the packaging of the medications. We will not accept any responsibility or be liable in any way in relation to any use or misuse of any of the prescribed medications or Medical Certificates, or if anyone is permitted to use, take and/or administer the prescribed medications or Medical Certificates, whether with or without your consent or knowledge.
6.9 You understand that after the consultation, the diagnosis of medical practitioner may be available on the Comedi Health App and/or in the Delivery Bag.
7. Data Records
7.1 During registration with Comedi Health and your use of the services under Comedi Health, you are required to submit your personal information (such as your email address, mobile number and identity document).
7.2 You may also be able to submit other medical information (including, but not limited to, state of health, ailments, allergies, diseases or disabilities, medications, physical and mental characteristics, past medical and health records, photographs, family information, diagnoses and notes, details of past consultations) onto the Comedi Health App, for access by medical practitioner(s) / Chinese medicine practitioner(s) and/or healthcare professional(s). Any such communication of medical information is between you and the relevant medical practitioner, Chinese medicine practitioner or healthcare professional, and Comedi/ Comedi Health shall not be held responsible in any way in connection with any matters in relation to those Medical Content.
7.3 You agree that you will be solely responsible for your provided information. Any user information uploaded onto the Comedi Health App is at your own risks. Neither Comedi nor Comedi Health assume or share any medical practitioner’s / Chinese medicine practitioner’s / healthcare professional’s responsibility or liability with regard to any matter in relation to any user information uploaded or any correspondence with any medical practitioner / Chinese medicine practitioner / healthcare professional via the Comedi Health App. By uploading a document via the Comedi Health app, you expressly agree that the selected medical practitioner / Chinese medicine practitioner / healthcare professional may download, collect, use and retain the document.
7.4 Specifically, you agree, represent and warrant that you have the right to submit the user information and that when submitting user information (or communicating in any other way using the Comedi Health App), you must not submit, communicate or otherwise do anything that is sexually explicit, obscene, deliberately offensive, hateful or otherwise inflammatory, promotes violence, promotes or assists in any form of unlawful activity, discriminates against, is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, age, political beliefs or membership of “trade” organisations; is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; is calculated or is otherwise likely to deceive; is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy, misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive.
7.5 You must not infringe, or assist in the infringement of, the intellectual property rights (including, without limitation, copyright, patents, trademarks and database rights) of any other party; or is in breach of any legal duty owed to a third party including, without limitation, contractual duties and duties of confidence.
7.6 The “Consultation Record” function on the Comedi Health App is created to store and provide access for you to your information relating to your use of Comedi Health, Any such records are for your reference only.
7.7 After a consultation, your medical records should be kept at the medical practitioner’s, Chinese medicine practitioner’s or healthcare professional’s clinical management system. However, we do not in any way guarantee that your medical records will be kept or maintained as aforesaid and shall not be liable in relation thereto in any way.
7.8 It is all the medical practitioner’s, Chinese medicine practitioner’s or healthcare professional’s responsibility to oblige by applicable laws and regulatory requirements when writing up your diagnosis. Comedi/ Comedi Health shall not be held responsible in any way if any information provided in the diagnosis is misleading, outdated or inaccurate.
8. Payment
8.1 Within one (1) hour of receiving the payment notification on Comedi Health (after completion of your consultation with a medical practitioner / Chinese medicine practitioner / healthcare professional), you should pay all the remaining charges and fees (if any) for the use of services under Comedi Health, which may include, but not limited to, consultation fees, medication fees and other required fees.
8.2 You acknowledge and agree that the charges will be collected by us for and on behalf of our Third Party Providers.
8.3 If you do not pay remaining charges when due, you will no longer be entitled to delivery of any medication so prescribed to you by the medical practitioner / Chinese medicine practitioner, nor be entitled to any medication delivery service, after completion of the consultation; you will also not be entitled to any privileges, offers or premium (if any). We reserve the right to charge you or claim back any amount which you are not entitled to enjoy as a result of your non or late payment.
8.4 Except in the event of manifest error on our part or as otherwise expressly provided in the Comedi Health T&C, all payments made to us shall not be refunded to you in any event.
9. Comedi/ Comedi Health’s Rights
9.1 We are entitled to, at any time, with or without prior notice:
(a) change any terms and conditions of the Comedi Health T&C;
(b) change/ cancel/ terminate the scope, suspend or restrict all or any part of Comedi Health;
(c) limit, suspend, deny or cancel any User’s access to any part of Comedi Health; and/or
(d) cancel any User’s registration with Comedi Health.
9.2 Comedi/ Comedi Health reserves the right to immediately cancel any User’s registration with Comedi Health, suspend or terminate any User’s Comedi Health account, without prior notice if:
(a) user is in breach of any provisions of the Comedi Health T&C;
(b) we suspect any fraud, dishonest use, misuse or unauthorised activity through Comedi Health by you or by any person under your Comedi Health account, regardless of whether you consented to or had knowledge of such fraud, dishonest use, misuse or unauthorised activity;
(c) user or a third party uses Comedi Health for any improper purpose or for the purpose of sending any unsolicited advertising material or any material of an obscene or indecent nature;
(d) user or a third party uses Comedi Health for in any manner which is unauthorised, fraudulent, dishonest, unlawful or illegal, whether under any Applicable Law or otherwise;
(e) user or a third party uses Comedi Health for in a manner which constitutes an infringement by you of the rights of any person (including but not limited to intellectual property rights and rights of confidentiality) or a violation or infringement of any duty or obligation in contract, tort or otherwise, to any third party;
(f) If there are reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete;
(g) a registered User dies; and/or
9.3 If your registration with Comedi Health is cancelled and/or your Comedi Health account terminated, you no longer have access to the services thereunder. Any appointments will be cancelled, and any fees paid will not be refunded.
10. User’s obligations
10.1 You:
(a) are only authorised to use Comedi Health for your own personal and non-commercial use;
(b) commit you are the person registering and are not presenting yourself as someone else or acting as an agent for someone else;
(c) will only register once with Comedi Health;
(d) will not permit any third party to have access to Comedi Health or to use any services thereunder;
(e) must not, and/ or must not permit any other person, to sell, reproduce, copy, distribute, publish, modify any part of the Comedi Health App, the server or any services under Comedi Health, and/or prepare derivative works based on the Comedi Health App or the Server;
(f) will abide by all applicable laws, rules, and regulations in relation to Comedi Health (collectively, “Applicable Law”), and all Comedi Health T&C;
(g) agree to protect the privacy and security of all Users, medical practitioners, Chinese medicine practitioners, healthcare professionals, medical / other partners, these partners’ contractors, delivery agents and our employees and agents;
(h) provide true, accurate, current and complete information about yourself as required;
(i) will maintain and promptly update the user information you have submitted to Comedi Health and keep it true, accurate, current and complete;
(j) will promptly report any violation of any Comedi Health T&C or Applicable Law to us; and
(k) will safeguard your login details and password and ensure that they are not disclosed or provided to any other party or person.
10.2 You must not in any way intercept, interfere or tamper with any part of Comedi Health.
10.3 You must not use Comedi Health or allow Comedi Health to be used, directly or indirectly:
(a) for business or commercial purpose;
(b) to make or commit any action which may be unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance, immoral, tortious, unlawful, illegal, dishonest, a hoax act, or infringe any third party or intellectual property rights;
(c) to send unsolicited, offensive, defamatory, indecent, obscene, menacing, nuisance or hoax messages or content;
(d) to cause annoyance, inconvenience or needless anxiety to any party or person;
(e) to do any other actions which at our sole discretion determine as inappropriate;
(f) to collect information of Users of Comedi Health;
(g) to restrict or inhibit any other persons from using Comedi Health, including, without limitation, by means of hacking, breaking into, or attempting to hack or break into, or cause any harm to Comedi Health;
(h) to modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Comedi Health App;
(i) to use any device, process or in any way reproduce, disrupt or circumvent the navigational structure or presentation of Comedi Health;
(j) to download, copy, store, rip, distribute, share or re-direct any part of the Comedi Health in any way or through any media;
(k) to incorporate any software or other materials that contain including but not limited to virus, worm, time bomb, Trojan horse, or other harmful or disruptive component onto Comedi Health; and
(l) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Comedi Health.
10.4 If you wish to cancel your registration with Comedi Health or terminate your Comedi Health account, please fill in and return to us a designated termination form. You may obtain a termination form by emailing Customer Service at enquiry@comedi.com.hk. Upon receiving a duly completed termination form, your Comedi Health account will usually be terminated within seven (7) Working Days.
11. 3rd Party Providers
11.1 You acknowledge that part of the services of Comedi Health (including the Medical Consultation Service and the Delivery Service) are contributed, provided and/or maintained by 3rd Party Providers.
11.2 We shall not be responsible in any way for any advices, materials and/or services provided by any 3rd Party Providers;
11.3 We make no guarantee whatsoever as to the performance of the services for which each Third Party Provider is responsible;
11.4 We shall not have or accept any liability, obligation or responsibility whatsoever for any direct or indirect loss, costs or damage (including, but not limited to, consequential loss, loss of profits or damage) howsoever arising from or in respect of any use, inability to use or misuse of or reliance on advices, materials or services provided by any Third Party Providers, or any loss, costs or damage a User or any party or person may suffer or incur as a result or in connection with any advices, materials or services provided by any 3rd Party Providers; and
11.5 We shall not have or accept any liability, obligation or responsibility whatsoever for any loss, damage, destruction of property, personal injury or death of the user arising out of or relating to medical consultation service provided by a 3rd Party Provider to the User.
12. Personal Data
12.1 In registering with Comedi Health and accessing the services thereunder, you may be requested to provide us with certain Personal Data (as defined in the Personal Data (Privacy) Ordinance (Chapter 486 of the Laws of Hong Kong)). You have certain rights in the Personal Data you provide. Comedi Health will use its best efforts and care to safeguard your Personal Data.
13. Indemnities
13.1 You agree to indemnify Comedi, its service providers, contractors, sub-contractors, licensors and agents (including but not limited to the Third Party Providers) and their respective officers, directors and employees (collectively, the “Indemnified Parties”) against any action, liability, cost, claim, loss, damage, proceeding, and/or expense suffered or incurred by any of the Indemnified Parties arising from or which is related to:
(a) your registration with Comedi Health and/or your use of any services thereunder; and
(b) any breach or non-observance of any Comedi Health T&C by you, and/or other party(ies) or person(s) using the services under your Comedi Health account, whether with or without your authority or knowledge.
14. Limitation of Liability
14.1 Without limiting other provisions hereof, everything on Comedi Health and the services provided thereunder are provided to you on an “as is” and an “as available” basis, without warranty or condition of any kind, either expressed or implied, and all representations and warranties in connection with Comedi Health and the services thereunder are excluded to the fullest extent permissible under any Applicable Law.
14.2 To the fullest extent permitted by law, neither Comedi nor Comedi Health will accept any liability whatsoever for any direct, indirect, consequential, collateral, special, punitive or incidental loss, destruction or damage (including but not limited to corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss) resulting from your access to, reliance on, or use of, or inability to use any part of Comedi Health (including any Third Party Services), whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not Comedi or Comedi Health knows of or reasonably should have known of the possibility of such damage.
14.3 Comedi endeavours to provide a functional Comedi Health App and Comedi Health website, but does not in any way guarantee that the Comedi Health App, the Comedi Health website or the Server will be error free or continuous or that the Comedi Health App, the Comedi Health website or the Server is free of viruses or other harmful components.
14.4 Comedi does not in any way guarantee the quality of online consultation through the Comedi Health app as it depends on various factors such as the user’s hardware, internet connection status, etc.
14.5 Although Comedi will use reasonable endeavours to maintain the Comedi Health App, it does not undertake to provide support or maintenance services for the Comedi Health App.
14.6 If your use of the Comedi Health App results in the need for servicing or replacing any property, material, equipment or data, Comedi will not be in any way responsible for any costs or expenses in relation to any loss or damages.
15. Information on Comedi Health
15.1 The Information (including but not limited to news, articles, symptoms checkbox, AI Health Mirror) on Comedi Health is provided to you on an “AS IS” basis without any express or implied warranty of any kind and is provided for a general, indicative purpose only. In particular, Comedi/ Comedi Health does not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from computer virus in relation to such contents. Comedi/ Comedi Health will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the information delivered on Comedi Health or inability to use Comedi Health.
15.2 Comedi/ Comedi Health will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of the information.
15.3 Comedi Health may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, Comedi Health may provide or assist in providing links to external websites. The provision of any such materials or links to external websites shall not constitute any form of co-operation or affiliation with Comedi/ Comedi Health of any such third parties or external websites. Provision of, or assistance in providing, materials contributed by third parties on Comedi Health or links to external websites gives rise to no statement, representation or warranty, express or implied, that Comedi/ Comedi Health agrees or does not disagree with the contents of any such materials or external websites and Coemdi/ Comedi Healtht will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites delivered on or via Comedi/ Coemdi Health or inability to use any of them.
15.4 Comedi/ Comedi Health is not responsible for any loss or damage whatsoever arising out of or in connection with any information on Comedi Health. Comedi reserves the right to omit, suspend or edit all information compiled by Comedi on Comedi Health at any time in its sole discretion without giving any reason or prior notice. You are responsible for making your own assessment of all information contained on Comedi Health and shall verify such information by making reference, for example, to original publications and obtaining independent advice before acting upon it.
16. General
16.1 In case of disputes in connection with Comedi Health or the services thereunder, Comedi’s decision shall be final and conclusive.
16.2 Any discrepancy between the English version and any translated version of Comedi Health T&C, the English language version shall prevail.
16.3 The Comedi Health T&C shall be governed by the laws of Hong Kong. You irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
Contact Us: enquiry@comedi.com.hk