Article 1 (Purpose)

This website ("Site") is owned by Hong Kong College of Cardiology ("Owner"). Reference to the Site is deemed to include derivatives thereof, including but not limited to websites and applications, whether accessed by mobile phone, tablet or other devices. Please read this Terms of Use ("Terms of Use" or "Terms") carefully as these Terms govern the use of the User Account and the use of the Site and Services (as hereinafter defined). Please note that you shall be deemed to have agreed to the Terms of Use, the Privacy Policy and other provisions prescribed by Owner once you start using this Site or by registering a User Account.

 

Article 2 (Definitions)

The meaning of the terms used in the Terms of Use shall be as defined as follows:
1. "Site" means the website that is managed and operated by Owner.
2. "Services" means any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices;
3. "User Account" means any account created by the Owner, through a registration process for the purpose of accessing or using certain Services on the Site.
4. "User Name" means a unique name for each User issued by Owner upon use of the Services in order to identify Users.
5. "Password" means a character string for identifying Users through a cross-check with the User Name upon use of the Site.
6. "User(s)" means any persons who use the Site, including any Users who is authenticated based on the User Name and the Password on their User Account.
7. "Site Content" means any and all human readable patent audio and/or visual element of the Site, created and/or owned by Owner.

 

 

Article 3 (Amendment to the Terms of Use)

1. Owner may amend the Terms of Use at any time when Owner deems necessary without notice, User shall check the Terms of Use regularly to ensure User understand the Terms of Use that apply at that time.
2. Unless separately prescribed by Owner, the amendment of the Terms of Use shall come into force at the time that the amended Terms of Use is displayed on the Site. In such case, the amended Terms of Use shall apply for the use of the Site.

 

 

Article 4 (License to Use the Site)

1. Owner grants the User a revocable, non-exclusive, non-transferable, limited rights and licenses to access and use the Site only as expressly permitted in the Terms of Use.
2. User shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms or by law.

 

 

Article 5 (Owner Campaign)

This Site may contain campaign that requires User to send in material or information about User. Each campaign has its own rules, which User must read and agree to before entering the campaign.

 

 

Article 6 (Handling of Personal Information)

The registered information of a User and information related to a User acquired by Owner shall be handled in accordance with the Privacy Policy separately prescribed by Owner. Please make sure to read the Privacy Policy before using the Site and/or Services. User shall be deemed to have agreed to the Privacy Policy once it starts using the Site or any of its Services.

 

 

Article 7 (Management of User Name and Password)

1. Users may not share their User Name and Password with a third party, or lease or disclose the same to a third party. 2. If a User breaches the provision of the preceding paragraph, Owner may delete the User Name and Password of the User at its own discretion, and Owner shall not be liable even if the User or a third party consequently suffers any damage. 3. Users are responsible for managing their User Name and Password.

 

  

Article 8 (Linked Sites)

1. Advertisements and sponsored links shall have no influence on Site content or presentation. Owner does not guarantee, endorse or sponsor, directly or indirectly, the quality or efficacy of any product or service described in the advertisements or other material which is commercial in nature.
2. Owner is not responsible for the content of any other website from which User have accessed the website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result of your use of any other website from which you hyperlink to or from the website.

 

 

Article 9 (Scope of Warranty)

1. OWNER PUBLISHES THE SITE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO ANY PERSON WHOSOEVER IN RESPECT OF ANY LOSS, DAMAGE, DEATH, PERSONAL INJURY OR OTHER CONSEQUENCES WHATSOEVER, HOWSOEVER CAUSED OR ARISING, SUFFERED BY ANY SUCH PERSON BY THEIR USE OF OR RELIANCE UPON, IN ANY WAY, THE INFORMATION CONTAINED IN THIS SITE.
2. The information or content on this Site is intended for medical professionals. Any information provided is not intended to serve as a substitute for clinical judgement and should not be relied upon solely for final treatment decisions.
3. User is advised that approved drug information differs from country to country and the information may not be applicable outside of the country or region it is indicated for. If User is not a medical professional, User should note that this Site does not provide professional medical advice and is not intended to replace personal consultation with a qualified physician.

 

 

Article 10 (Prohibited Matters)

The Site prohibits the following acts upon the use of the Site. If Owner confirms that a User is conducting any of the prohibited acts, Owner may, at its own discretion, take necessary and appropriate measures such as warning to the User, and deletion of the user registration. The authority to decide the measures to be taken shall solely belong to Owner, and Owner shall not accept any inquiries or complaints concerning Owner's decision.
1. Act that infringes or may infringe patent rights, utility model rights, design rights, trademark rights, copyright, trade secrets and other intellectual property rights of Owner or third parties.
2. Act that infringes or may infringe the property, privacy rights or portrait rights of Owner or third parties.
3. Act that is in violation of public order and morality or laws and regulations.
4. Criminal act or involvement in a criminal act.
5. Use of the Site by impersonating others or use of the Site for commercial business without Owner's permission.
6. Act that sends harmful computer programs or files containing viruses.
7. Other acts that Owner considers to be inappropriate based on rational grounds such as an act of obstructing or hindering the operation of the Site or the use of the Site by others.

 

 

Article 11 (Prohibition and Suspension of Use of Services)

1. If Owner considers that an event corresponding to any one of the following items has occurred, Owner may, at its sole discretion, prohibit or suspend the use of the Site or take other necessary measures without notification to the User concerned:
- actual or potential impairment or infringement of the reputation, credibility or privacy of Owner or third parties;
- actual or potential infringement of the copyright or other intellectual property rights of Owner or third parties;
- actual or potential loss of, damage to or leakage of the system or data of Owner or third parties;
- actual or potential unauthorized use of the User Name and the Password;
- an illegal act, an act of inciting or facilitating an illegal act, or an act that may result in an illegal act;
- an act of obstructing Owner from providing the Services, or an act that may result in obstructing Owner from providing the Services;
- an act of obstructing or hindering the use of the Site by a third party, or an act that may result in obstructing or hindering the use of the Site by a third party;
- breach of the Terms of Use by a User;
- where User had been prohibited from using the Services on grounds of prior breaches of the Terms of Use;
- other events based on which Owner considers necessary to prohibit or suspend the use of the Services or take other necessary measures.
2. If Owner takes measures against a User such as prohibiting or suspending the use of the Site, Owner shall not be obligated to disclose the reason thereof to the User.

 

 

Article 12 (Copyright, etc.)

1. Owner owns the copyright in the content published on the Site except where otherwise indicated by a third party's proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Site as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is otherwise prohibited and no part of this website may be reproduced in any language, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, without the prior written permission of Owner.
2. Copyright in the texts, images, videos, music, voices and programs configuring the Site and/or Services shall belong to Owner except those Content posted by User in Owner Community.
3. Users may not reprint, replicate, analyze, modify, translate, lease, sell, distribute or create derivative works in connection with the rights set out in the preceding paragraph without the approval of Owner or the author.

 

 

Article 13 (Disclaimer)

1. If a User infringes the rights of others (impair the reputation of others, infringe the privacy rights of others, disclose personal information of a third party without consent, violate the Copyright Ordinance, etc.), User must settle the claim for such infringement at its own responsibility and expense, and Owner shall not take any measures or be responsible in any way.
2. Owner shall not be responsible in any way for any direct or indirect damages suffered by Users or third parties arising from the loss or leakage of data by Users or the use of the Services for any purpose other than the intended purpose.
3. Owner shall not be liable in any way for any damages suffered by Users or third parties arising from the leakage, loss or falsification of information by a third party, unless it is caused by the Owner's wilful act or gross negligence.
4. Owner shall not be liable in any way for any damages suffered by Users or third parties arising from the delay, suspension, change, termination, registration, prohibition of use, or suspension of use of the Site and/or Services, unless it is caused by the Owner's wilful act or gross negligence.
5. Owner shall not be liable in any way for any indirect, incidental, punitive or derivative damages arising in relation to the Site and/or Services (including, but not limited to, the delay, non-performance or suspension of the Services).
6. WITHOUT PREJUDICE TO THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, OWNER’S TOTAL AND CUMULATIVE LIABILITY TO USER ARISING UNDER OR IN CONNECTION WITH THE OPERATION OF THE SITE AND/OR PROVISION OF SERVICES SHALL IN NO EVENT EXCEED HKD1,000. 

 

 

Article 14 (Termination of Services)

Owner may change the contents of all or a part of the Site or suspend the provision of the Site and/or Services without prior notice to Users whenever it deems necessary; provided, however, that, Owner shall promptly notify Users to such effect.

 

 

Article 15 (Compensation for Damage)

If a User breaches the Terms of Use, Owner may seek damages, seek an injunction, or any other claim against the User.

 

 

Article 16 (Governing Law and Agreed Jurisdiction)

This Terms of Use shall be governed by the laws of the Special Administrative Region of Hong Kong and the exclusive jurisdiction of the courts of the Special Administrative Region of Hong Kong.