School of Chinese Medicine of Hong Kong Baptist University
Terms of Use – Online Consultation
Welcome to the online consultation service provided by the Clinical Division of the School of Chinese Medicine, Hong Kong Baptist University. We offer you real-time online consultation services, including diagnostic service, exchange of audio-visual information and medical prescriptions by Chinese medicine practitioners. We use online platforms including but not limited to WhatsApp to conduct online consultations for you.
The terms “we” and “us” and related words in these “Terms of Use” (hereinafter referred to as “These Terms”) refer to the School of Chinese Medicine (Clinical Division) of Hong Kong Baptist University, and the term “our” herein shall be construed accordingly. The term “you” in These Terms refers to any user of the online consultation service, and the term “your” herein shall be construed accordingly.
Please read These Terms carefully before using the online consultation service. If you do not agree with any of the contents hereof, you must not use this service and please also contact us to discuss feasible alternatives in which we can provide you with suitable services.

 

1. Agreement

1.1 Your use of the online consultation service is taken as your agreement and acceptance to be bound by These Terms. You confirm that you have read and understand the documents and statements regarding the handling of personal data privacy and agree to the contents of such documents and statements. The relevant contents thereof are hereby incorporated into These Terms by reference and constitute a part of These Terms.
1.2 We may modify These Terms from time to time, and you must read the latest version of These Terms before each use of the online consultation service to ensure that you understand the current terms of use. If you are unable to read These Terms through communication device, we can provide the latest version of These Terms via email upon your request. Your first use of the online consultation service after any revisions of These Terms will be legally bound by the revised terms.

 

2. Data Privacy

2.1 Any personal data provided by you to us in the course of using the online consultation service will be handled by us according to the “Privacy Policy Statement and Personal Information Collection Statement” as applicable to patients of the Chinese medicine clinics of Hong Kong Baptist University. We will keep your personal data provided during the online consultation, and the related information will be kept confidential. The “Privacy Policy Statement and Personal Information Collection Statement” can be accessed at the following website:
https://bupdpo.hkbu.edu.hk/policies-and-procedures/pps-pics/。
2.2 In order to provide you with the online consultation service, we may store your personal data in the clinical system used by us at the cloud server service provider, and such data may be temporarily transferred outside Hong Kong.

 

3. Your Responsibilities

3.1. You agree to use the online consultation service for personal medical purposes only and shall not engage or attempt to engage in any conduct that may constitute a criminal offence, create civil liability or violate any laws through online communications of any form. We reserve all the rights to terminate the provision of online consultation service to you at any time without prior notice. We also reserve the right to monitor your use of the online consultation service to assess from time to time whether you have complied with These Terms.
3.2. We only provide online consultation services to individuals in Hong Kong. If the patient is not in Hong Kong, please do not use the online consultation service.
3.3. You agree to comply with all applicable laws, regulations, ordinances and rules (collectively, “Applicable Laws”) in connection with the use of online consultation service.
3.4. You agree to provide us with accurate information at all times when using the online consultation service.
3.5. You agree and undertake:
(a) that the use of the online consultation service is your independent decision;
(b) to follow our recommendations for improving state of illness;
(c) to follow the instructions for any medicines prescribed or recommended;
(d) to properly keep any prescribed medicines provided to you and not to allow any other person to use those medicines;
(e) to truthfully and fully communicate with us about your medical records, any drug allergies and any adverse effects of recommended treatments;
(f) to notify us as soon as possible of updates of any of your information relating to the use of the online consultation service; and
(g) that you use the online consultation service for your own personal use only.
3.6. You agree to indemnify us and our associated personnel and employees (collectively, “Indemnitees”) and hold the Indemnitees harmless from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including all reasonable legal fees) incurred or suffered by the Indemnitees arising out of your breach of These Terms and/or your use of the online consultation service.

 

4. Service Revision

We reserve the right to impose or make temporary or permanent revisions or interruptions to the online consultation service or any part thereof at any time (with or without prior notice). You agree that we shall not be held responsible to you or any third party in respect of any revisions, suspensions or interruptions of the online consultation service or any part thereof.

 

5. Fees and Payment

5.1 You agree to pay all fees and charges according to the fee, charge and billing terms.
5.2 You authorize us to issue to you an invoice and payment notice for all due and payable fees and agree that no further notice or consent is required
5.3 We may modify the fees for the online consultation service at any time, and the new fee shall take effect one month thereafter.
5.4 You are responsible for verifying whether your insurance policy (if any) covers the online consultation service, and you may be responsible for paying any expenses not covered by the insurance company.

 

6. Service Targets and Process of Online Consultation Service

6.1 You understand that online consultation is not suitable for certain medical conditions, such as emergencies, or urgent or critical medical conditions. If you are unsure whether your medical problems can be addressed through the online consultation service, you must seek medical treatment from us in person at our clinic. If you need urgent advice or treatment, please contact emergency services immediately.
6.2 The online consultation service is only available for use by individuals (including follow-up patients) aged 18 or above, or seeking medical consultation with the accompaniment of family members, friends or legal guardians (collectively, “Patient Navigators”).
6.3 If we suspect that you have breached These Terms, such as recording by any form (including without limitation by video and/or audio form) the online consultation process without our prior written authorization, we may suspend the online consultation service.
6.4 During the online consultation process, if we believe that the use of online consultation is impracticable or inappropriate, another face-to-face consultation may need to be arranged to evaluate your conditions properly. The current online consultation will still be deemed as a completed online consultation, and you can decide whether to continue with the consultation.
6.5 If you are unable to clearly describe your conditions, you may be accompanied by your family members, friends or legal guardians to communicate with us about our explanations on the medical conditions, diagnosis results and/or prescription of medicines. Your family members, friends or legal guardians (collectively, “Patient Navigators”) must understand and agree that the prescribed medicines may impose additional risks due to a potential failure in fully understanding the medical conditions given the lack of your participation in the process in full or in part. If the prescribed medicines cause any discomfort to you, you and the Patient Navigators agree to bear all the consequences therefrom.

 

7. Consultation Arrangements and Appointments

7.1 We will make every effort to arrange the Chinese medicine practitioner chosen by you to provide you the online consultation, but we cannot guarantee that the Chinese medicine practitioner chosen by you will be available to provide consultation for you at your designated time.
7.2 Your preferred date and time for the online consultation are for our reference only. We will contact you to confirm the final date and time of the online consultation.
7.3 You may change the appointment time 48 hours before the time of the consultation appointment.
7.4 You agree that regardless of any reason, if you are late for 15 minutes or more, or if you are absent from or have abandoned the appointment, we may cancel the consultation appointment immediately, and all paid fees (if any) will not be refunded.

 

8. Disclaimer and Limitation of Liability

8.1 We will use our best endeavours to ensure that the information to be supplied during the provision of online consultation service is the then-current and accurate information. We do not and will not make warranties or representations of any kind, express or implied, with respect to any information. In particular, we do not and will not make any express or implied warranties or representations regarding its accuracy, adequacy, completeness, reliability, security, merchantability or fitness for a particular purpose, or as to whether any information and content provided through the internet is appropriate or can be used. You agree that you shall fully and solely bear all the risks associated with the use of the online consultation service and it is your responsibility to evaluate the accuracy, completeness and applicability for you in respect of any information, advice and other materials.
8.2 To the maximum extent permitted by Applicable Laws, we are not and shall not be liable in any way for any direct, indirect, incidental, special, punitive or consequential damages arising from your use or inability to use the online consultation service, including but not limited to damages for loss of profits or data or other intangible losses, even if we have been advised of the possibility of such damages.
8.3 Without limiting any provision of These Terms, our entire liability (except for any liability that cannot be excluded) for an online consultation that you are unsatisfied with or that we provided not in accordance with These Terms shall be limited to re-providing one additional service to you.

 

9. Termination of Service

We may terminate your use of the online consultation service in whole or in part with or without notice to you.

 

10. Technical Requirements

10.1 The online consultation service needs to be used by you and us through internet, data network and devices that can be connected to the internet (the “Communication Devices”). We shall not assume any liability as to whether your Communication Devices can be properly used for online consultation service. You are responsible for verifying and ensuring that during the use of online consultation service, your Communication Devices are capable of establishing full and stable connection to the internet and that the location where you choose to receive the online consultation service by Communication Devices fulfills the requirements for privacy protection.
10.2 If you use the online consultation service via a wireless network, please avoid using public Wi-Fi facilities and use a secure and protected wireless network.
10.3 If technical issues arise in or security threats are encountered by the Communication Devices, we may suspend the online consultation service to ensure that it can operate normally and is under protection. In such cases, you should immediately notify us to cancel the relevant appointment or the ongoing online consultation.

 

11. General Provisions

11.1 If any provision of These Terms is held by any court of competent jurisdiction to be illegal, invalid or unenforceable on any ground, such provision shall be deemed to be severed from These Terms and shall not affect the validity or enforceability of any remaining provisions.
11.2 Our failure to immediately enforce any provision of These Terms or exercise any right granted herein shall not be deemed as our waiver of such provision or right. Any waiver must be made by us in writing. Unless expressly waived by us in writing and stated specifically, our waiver of any breach of any provision of These Terms or of any rights granted by a provision hereof shall not be construed as our waiver of any continuing or subsequent breach of the relevant provision or our permanent waiver of any right under the relevant provision.
11.3 Any notice referred to in or in connection with These Terms shall be in writing and sent by post or email.

 

12. Governing Laws and Jurisdiction

12.1 The online consultation service is for use within the jurisdiction of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The use of online consultation service may be prohibited by laws of certain countries or jurisdictions, and we do not make any representation or assume any liability as to the appropriateness or lawfulness of providing online consultation service in such countries or jurisdictions.
12.2 These Terms and all matters relating to your use of the online consultation service shall be governed by and construed in accordance with the laws of Hong Kong. You agree and accept that any dispute arising under These Terms or the use of the online consultation service shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

 

13. Inconsistency

If there is any conflict or inconsistency between the Chinese and English versions of These Terms, the Chinese version of These Terms shall prevail.

 

14. Contact Us

If you have any questions about These Terms, please contact our customer service unit at 2721-2678.