Disclaimer
Last updated: 12 December 2018 v.1
1. INTERPRETATION
In these Terms, unless the context otherwise requires –
1.1. “Agreement” means this disclaimer statement;
1.2. “Client” refers to any person in search of the healthcare service in this Site;
1.3. “Platform” refers to the mobile applications operated by oneCare Plus;
1.4. “Service Provider” or “Carer” refers to the person providing healthcare service on behalf of the Client’s request through the Site.
1.5. “Service Receiver” refers to the person receiving the healthcare service from the Carer;
1.6. “Site” refers to the websites and mobile applications operated by oneCare Plus;
1.7. “Us”, “we”, or “our” refers to oneCare Plus;
1.8. “You”, “your” or “yourself” refers to you as the user of the Site;
2. WARRENTY
The Site is provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty that the Site: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
3. SERVICE SUPPORT
3.1. We shall provide general customer service and support to you in means of phone, Whatsapp and/or email between 9.00 a.m. and 6.00 p.m. each day excluding Saturdays, Sundays and public holidays (“Business Hours”).
3.2. Service and support offerings during Business Hours may vary from service to service, and subject to availability. We have no obligation to provide immediate service or support.
3.3. We are not obligated to provide (a) third-party branded service or support; or (b) customer service and support outside Business Hours.
4 LIMITATION ON LIABILITY
4.1. To the extent permitted by law, in no event will oneCare Plus, our officers, directors, employees, parents, subsidiaries, affiliates, or agents be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use the Site even if we have been advised of the possibility of such damages.
4.2. Access to, and use of, the Site are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
4.3. Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you.
4.4. To the extent oneCare Plus may not, as a matter of law, disclaim any liabilities or limit warranties, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
5. TERM AND TERMINATION
5.1. We may (a) suspend your rights to use the Site (including your account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any violation of this Agreement.
5.2. Upon termination of this Agreement, your account and right to access and use the Site will terminate immediately. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your account. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
6. GEOGRAPHICAL RESTRICTIONS
oneCare Plus makes no representation that all Carer, Clients, Service Receiver, job vacancies, services and/or material described on the Site, are appropriate or available for use in locations outside Hong Kong.
7. WAIVER
Except as otherwise expressly provided for in this Agreement, no forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party, nor shall any waiver of its rights operate as a waiver of any subsequent breach, and no right, power or remedy herein conferred upon or reserved for either party, is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
8. SEVERANCE
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provisions in question shall not be affected thereby.
9. GOVERNING LAW
9.1. This Agreement shall be governed by and construed in accordance with the relevant laws in Hong Kong Special Administrative Region.
9.2. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
9.3. The law of this arbitration clause shall be laws of Hong Kong Special Administrative Region. The seat of arbitration shall be Hong Kong.
9.4. The courts of Hong Kong Special Administrative Region will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.