Disclaimer

1.Application

This Disclaimer should be read together with the Terms of Use and applies to:

i.use of Website and/or the Service ;
ii.the information stored on or receivable through this Website or any other server which hosts the Website, as well as the information stored on or receivable through the mobile applications in relation to the access to the Service ("Information"); and
iii.Any goods or services offered to or obtained through the Website the said mobile applications by you.

To the fullest extent permitted by applicable laws, this Disclaimer limits the liability of Jacobson Medical (Hong Kong) Limited, its Affiliates, subsidiaries, employees, agents, contractors and any third party provider of the Information (collectively, "Jacobson") with respect to the said use, Information, goods or services.

All defined terms not otherwise defined in this Disclaimer shall have the same meaning as those defined in the Terms of Use.  

2.Copyright and other intellectual property rights

The Information may be protected by intellectual property laws and rights, including but not limited to legislation protecting copyrights.  If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User's responsibility to determine whether any such infringement ("IP Infringement") will occur.

3.General Disclaimer

You expressly agree that your use of our Website, Service, software and/or the Content and/or content obtained through your use of any of the foregoing are at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. To the fullest extent permitted by applicable laws, Jacobson expressly disclaims any responsibility, representation or warranty:

a.In relation to the ownership rights, quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, merchantability and non-infringement with respect to the Website or the Information;
b.that any goods or services accessed, offered or obtained through the Website or pursuant to the Information will meet your requirements;
c.that any access to the Website or the Information will not be interfered or will be uninterrupted; or that the Service or the software or the device or the server that makes our Service available are free of viruses or other harmful components, without security loophole or otherwise secure or any defects contained therein will be corrected; or that the materials provided through our Service are functional, accurate and reliable.
d.that the Information will not be objectionable or offensive to the User or any other person;
e.that the Information will not contain omission or misstatement or cause an error.

Jacobson does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute Jacobson’s views or opinions. Jacobson 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 the Website unless and only to the extent expressly stated in writing otherwise.

4.Third Parties Websites / Materials

The Website or the Information may contain materials from third parties and/or hyperlinks to third party websites. Your use of third parties’ websites and/or materials linked to our Website may be governed by additional or different terms and conditions. Those additional terms and conditions of such web pages and applications will apply to you in addition to the Terms and will prevail over the Terms if there is any inconsistency regarding your use of those web pages and/or applications.

We make no representation about, and we do not endorse and could not control the reliability or performance of any software, materials, applications, media platforms, devices or services of third parties (e.g. our information suppliers or advertisers or sponsors or promotional partners) that you may access through, or are linked to or embedded in our Website. You agree that any use of such software, materials, applications, media platforms, devices or services will be at your own risks. To the fullest extent permitted by applicable laws, you expressly relieve us from any and all liability arising from your use or access of any third party website or materials.

To the fullest extent permitted by applicable laws, Jacobson 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 the Website, including but not limited to a link through advertisement) which are not under Jacobson’s direct control. Jacobson reserves the right to require the removal of any link from another website to the Website which is installed without obtaining the prior written consent of Jacobson.

5.Limitation of Liability

To the fullest extent permitted by applicable law, we are not liable to you or any other third party (including users of our Service, whether authorized or not) for the following:
5.1 any damage to or loss of data and/or the consequences or effects on your Internet connection, its speed and/or bandwidth, arising from your use of our Website, Service, software and/or any Content;
5.2 any claim based on tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
a. any direct loss;
b. any consequential or indirect loss (including without limitation loss of revenue or profits); or
c. 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 the use of our Website.

5.3 any claim relating to any part of our Website, Service or software and/or Content supplied, provided, sold or made available by or through our Service (or any failure or delay to so supply, provide, sell or make available);
5.4 any disruption, suspension, delay, failure or discontinuation of our Website, Service or our Service capacity, software and/or Content or any part thereof which is attributable to (i) an event or circumstance beyond our reasonable control; (ii) our system maintenance, upgrading, testing and/or repairs, (iii) the reliability and stability of your Internet connection and its speed, its bandwidth, its system and services and (iv) any other third party’s software or services.

6.Confidentiality

Jacobson does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through our Website. Jacobson will use the same degree of care (but no less than a reasonable degree of care) as it would use to protect its own confidential information to prevent unauthorized use, disclosure, dissemination or publication of Information disclosed to Jacobson on a confidential basis which is confidential in nature.

7.Availability and Suitability of Services

Jacobson does not warrant that the content or materials contained in the Website or the Information are current or accurate or that any of the products or services displayed or featured (as invitation to treat only) on the Website are available. Jacobson may change the materials appearing on the Website at any time without notice.

8.User's Obligations

In consideration of Jacobson allowing the User access to the Information and/or the Website, the User agrees:

a. not to carry out or allow any IP Infringement;
b. not to use the Information or the User's access to the Website for any illegal, improper, obscene or defamatory purpose;
c. to take all steps to ensure the Information does not damage the User's information or systems;
d. to ensure that all information which you provide to the Website or to us, through the Website or mobile applications in relation to the access to the Service, is true and accurate to the best of your knowledge;
e. to all Jacobson 's disclaimers and limitations of liability set out in this Disclaimer; and
f. to Jacobson's Private Policy Statement current from time to time applying.

9.Indemnity

To the fullest extent permitted by applicable laws, you agree to hold Jacobson harmless and indemnify Jacobson against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of the Website in breach of the terms and conditions herein or negligence.

10.Territory

The materials on this Website are directed solely at persons accessing the Website from the Special Administrative Region of Hong Kong. We make no representation that any product or service referred to on this Website is available, or appropriate for use for any other location.

In the event of inconsistency or conflict between the English and Chinese versions of this Disclaimer, the English version shall prevail.