Healthscope Terms and Conditions
Last Updated: September 11, 2017
Welcome to Healthscope Limited
accessing the Healthscope application or the website found at
getcheckcheck.com whether through a mobile device, mobile application or
computer (collectively, the "Service") you agree to be bound by these
account. If you wish to create a Healthscope account and make use of
Terms govern your rights and obligations (whether as a guest or a
registered user) regarding the access and/or use of Healthscope'
website, mobile application or any Internet service (including any
associated software supplied by Healthscope) (collectively referred to
as "Platform") under Healthscope's control or ownership. These Terms
constitute a legally binding agreement between Healthscope Limited
(including all its subsidiaries, related and/or associated companies)
(these entities are collectively referred to as "Healthscope", "we",
"us" or "our"), the proprietor of all rights in and to the Platform
and/or Service, and you, the user of the Platform and/or Service.
1. Definitions and Interpretation
In these terms and conditions, the following definitions and rules of
interpretation apply unless otherwise defined or the context requires
"App" shall mean
Healthscope, the software provided by Healthscope Limited, supplied by
us and downloaded and installed by you on your mobile device through
which you may obtain the Services.
"Brands" shall mean a company/brand who has signed up to our services, can purchase a marketing package.
lists" shall mean a user who has signed up to our services, passed the
basic requirements set forth by Healthscope to prove his or her
ability to provide services to Healthscope’s clients and generate
content for Healthscope’s clients.
"Hong Kong" shall mean Hong Kong Special Administrative Region of the People's Republic of China.
Headings are for convenience only and do not affect interpretation. The
singular includes the plural and the masculine shall include the
feminine and neuter and vice versa.
1.3 A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of App
Subject to your compliance with these Terms, we grant you a limited
non-exclusive, non-transferable licence to download and install one copy
of the App on your mobile device and to run such copy of the App solely
for your own personal use.
Your use of Healthscope grants you no rights in relation to our
intellectual property rights (including, without limitation, copyright,
trade marks, logos, graphics, photographs, animations, videos and text
or rights in and to the App and applications) or the intellectual
property of our retail or advertising partners, other than the
non-transferable, personal right to use and receive the Services in
accordance with these Terms.
2.3 You must not
sublicense, sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the Services
or the App in any way;
- modify or make derivative works based upon the Services or App;
- create Internet "links" to the Services or "frame" or "mirror" any App on any other server or wireless or Internet-based device;
- reverse engineer or access the App in order to
an automated program or script, including, but not limited to, web
spiders, web crawlers, web robots, web ants, web indexers, bots, viruses
or worms, or any program which may make multiple server requests per
second, or unduly burdens or hinders the operation and/or performance of
the Services or Appremove any copyright, trademark or other proprietary notices from any portion of the Servicesattempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Services or App, or
- copy any ideas, features, functions or graphics of the Services or App, or
access to and use of the Services are conditioned on your acceptance of
and compliance with these Terms. By accessing or using the Services you
agree to be bound by these Terms.
is for Healthscopelists - -Micro-Influencers, storytellers,
opinion formers and tastemakers - not celebrities. You may not recognize
them but their followers do. It can be more powerful to have one
hundred Healthscopelists with a thousand followers, than one
Healthscopelist with a hundred-thousand followers - so be open.
invest a lot of time into creating post submissions for you. Responding
to each one quickly will prevent Healthscopelists from having a
negative experience with your brand.
the urge to micro-manage. Everything from bad grammar to shaky footage
makes up a unique dialect a Healthscopelist has crafted with their
audience over thousands of posts. If you change the language, you’ll
change the Healthscopelists anticipated response.
you wouldn't recommend the brand for free - don't recommend it for
money. Healthscope is for discovers who love sharing cool stuff, and
brands they are passionate about.
is a platform and different countries have different rules about
disclosure so be safe and be transparent. Add #spon #ambassador
#brandambassador, #ad or similar in your description tags so that your
followers can identify a sponsored post.
must stay on the top of your feed for minimum 5 hours and on your
platform for 21 days. Healthscope will automatically check your post
remains live and exactly as it was when approved by the Brand before
paying you commissions.
invite and approve Healthscopelists who’ve organically grown their
audience. If we find you’re misrepresenting the organic nature and size
of your audience we will delete your account.
you’re seen to be recommending competing brands in quick succession or
over-populating your feed with sponsored posts, you’ll lose credibility
with Brands and your followers. Stay cool, stay on brand and play nice.
At Healthscope we believe that consumers always come first with
sponsored posts. Therefore both Brands and Healthscopelists need to
ensure that no campaign or post is false or misleading.
Healthscope mandates that users comply with the Trade Descriptions
Ordinance, Chapter 362, Laws of Hong Kong and all applicable laws and
regulations, including but not limited to the Trade Descriptions
5. Term and Termination
Agreement will remain in full force and effect while you use the
Service and/or have a registered account with Healthscope. The Company
may terminate or suspend your account at any time without notice if the
Company believes that you have breached this Agreement, or for any other
reason, with or without cause, in its sole discretion. Upon such
termination or suspension, you will not be entitled to any refund of
unused fees for in app purchases. The Company is not required to
disclose, and may be prohibited by law from disclosing, the reason for
the termination or suspension of your account. After your account
is terminated for any reason, all terms of this Agreement survive such
termination, and continue in full force and effect, except for any terms
that by their nature expire or are fully satisfied.
6. Your Responsibility
You are responsible for your use of the Services, for any Content you
post to the Services, and for any consequences thereof. Most Content you
submit, post, or display through the Service will be able to be viewed
by other users and others that you may share it with. You should only
provide Content that you are comfortable sharing with others under these
6.2 You may use the
Services only if you can form a binding contract with Healthscope and
are not a person barred from receiving services under the laws of Hong
Kong or other applicable jurisdiction. You agree that you are at least
16 years old. If you are accepting these Terms and using the Services on
behalf of a company, organization, government, or other legal entity,
you represent and warrant that you are authorized to do so. You may use
the Services only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations.
The Services that Healthscope provides are always evolving and the form
and nature of the Services that Healthscope provides may change from
time to time without prior notice to you. In addition, Healthscope may
stop (permanently or temporarily) providing the Services (or any
features within the Services) to you or to users generally and may not
be able to provide you with prior notice. We also retain the right to
create limits on use and storage at our sole discretion at any time
without prior notice to you.
Participating Brands create and launch campaign invites ("Campaigns")
which are displayed in the Healthscope mobile application.
Healthscopelists who have downloaded the Healthscope mobile application
have the opportunity to receive compensation in exchange for creating
and/or distributing sponsored social content and/or performing an action
through their social network.
All Campaigns accepted by the Healthscopelists must comply with the
requirements set forth by the Brand (herein referred to as the
"Requirements") in the Campaign. Each Campaign listing should contain a
complete and final description of the requirements.
Unless the Campaign is for a Cause or Charity (in which case the
Healthscopelist can ‘donate’ a post) the Healthscopelist’s create
content in accordance with the Campaign requirements and Healthscope
will be providing the corresponding reward as depicted specifically at
8. Terms for Healthscopelists
person over the age of 15 years may register for an Account, but in
order to receive an invite, have submissions to Campaigns approved, and
earn compensation via the Healthscope Marketplace, Healthscopelists must
meet the following minimum standards:
- At least 500 real followers on the Healthscopelists’ Channels relevant to the channels required by the Brand; and
you do not meet the minimum standard in conditions set forth above, you
may not be able to participate in Campaigns or access the full
functionality of the Application.
register an Healthscopelist Account, Healthscopelist must download the
Application and sign in to the Application with their Facebook and/or
Instagram accounts in the manner required.
signing in with your Facebook and/or Instagram account, you are
granting Healthscope permission to publish Posts directly to your
a Post has been approved by a Brand, you are required to publish the
Post to your relevant Channel through the Healthscope platform in the
manner required within 24 hours of the Post being approved (unless the
date and time of the post has been specifically requested by the Brand
in which case you must publish the post at that time or within a maximum
of 15 mins either side of the specified time).
will not have an opportunity to edit a submission after a Brand has
approved the Post. You agree you are solely responsible for the
publication of Posts. Healthscope merely provides a service allowing
Brands to approve Posts before publication, but the publishing of Posts
remains your responsibility.
receiving any Payments, you will be asked to provide financial details
including your nominated bank account, Payoneer or PayPal account
an approved Post is published, you will be entitled to be paid the Post
comply, you will not be paid. Healthscope will pay the Post Fee via your
PayPal account (as supplied by you via the Application in the manner
required) on behalf of the Brand within 30 days from the end date of the
acknowledge and agree that the relevant Brand, not Healthscope, will be
solely liable for Payment of the applicable Post Fee for the approved
Post. Healthscope merely facilitates such Payment on behalf of the Brand
and, while Healthscope may remit payment to the Healthscopelist
directly to the account details provided by Healthscopelist, under no
circumstances does Healthscope accept liability for Payment of the Post
Fee. You agree that you will not pursue any actions, legal or otherwise,
against Healthscope for any non-payment, and that this provision
constitutes a bar to any such proceedings.
additional requirements imposed as part of a Campaign and advised to
the Healthscopelist at the time of submitting the Post for approval.
- Posts which do not comply with this condition may be removed from Healthscope at Healthscope’s absolute discretion.
must clearly disclose in sponsored Posts their relationship with the
Brand. Healthscope requires that you make such disclosures in such a way
so that it is clear to the ordinary consumer viewing your Channels that
there is a commercial relationship between you and the Brand. This may
be achieved through the use of hashtags such as #sponsored, #spon,
#advertisement or #ad or through other means suitable to your particular
circumstances, Community and Channels.
reserves the right, but is in no way obliged, to review and monitor the
disclosure practices of all Healthscopelists in relation to particular
Post or your Channels generally and to require greater levels of
disclosure (at Healthscope’s sole discretion) in particular Posts or
across your Channels generally or, if you do not agree to the required
levels of disclosure, to remove you from the Healthscope Platform.
warrant, in respect of each Post you upload to the Application, submit
to a Brand for approval, or publish to a Channel via the Healthscope
Platform, that: you are aged over 15 years, you own the Intellectual
Property Rights in the relevant Post and have the right to licence the
Post to Healthscope and the Brand in the manner set out in these Terms
of Use; the relevant Post does not violate the privacy rights, contract
rights or other rights (including Intellectual Property Rights) of any
person, corporation or entity; the relevant Post does not contain any
misrepresentation or suggestion that you or any entity has the approval
or sponsorship of any other entity which you or it does not have; any
and all opinions and views stated in the relevant Post are genuinely
held by you; and any and all statements in the relevant Post regarding
your use and experience of the Brand or the Brand’s products or services
are true and correct and fairly represent that use and experience and
you will promptly notify Healthscope if your opinion of the Brand
changes from that which you have expressed to date;
relevant Post does not contain any representations or material which
you know or suspect (or ought reasonably to have known or suspected) to
be false, misleading or deceptive; the relevant Post is original and
does not contain materials that have been previously broadcast,
streamed, published or otherwise communicated to the public by you in
any way and does not contain materials that have been used in previous
marketing materials or promotions for any third party; if you are a
member of any guild, union or industrial organization, you have not
entered into any other agreement, arrangement or understanding which
performing your obligations or granting the rights and benefits set
forth herein, or result in a conflict of interest; if the relevant Post
contains images or references to third parties or third party property,
that the third party (or third party property owner) has been informed
and agrees in writing that such images or references may be used by the
compensation to the third party (or third party property owner) for the
purpose of promoting the Brand; and the mere use of the Post and the
exercise of the Intellectual Property Rights in the relevant Post by the
Brand and Healthscope will not infringe any legal rights, copyright or
other Intellectual Property Rights of any person or entity nor give rise
to a liability to pay compensation.
acknowledge and agree that the Brand and Healthscope has the right at
any time to moderate any Post after publication to a Channel and that
you will immediately make any reasonable modification or amendment
requested by Healthscope or the relevant Brand to the Post, subject to
if you post an incorrect Post, the Brand or Healthscope may request that
you post the correct approved Post and that you will immediately comply
with such a request.
acknowledge and agree that the Brand and Healthscope has the right at
any time to request that you remove any approved Post from you Channels
and that you will comply with such a request immediately upon receipt of
notification, subject to Payment in full to you of the Post Fee in
and the relevant Healthscopelist and Brand acknowledge and agree that
any necessary public relations announcements regarding the removal or
modification of a Post, as the case may be, will be agreed by
Healthscope and the relevant Healthscopelist and Brand before
right, title and interest in all Intellectual Property Rights in Posts
will remain or be vested in the Healthscopelist. Nothing in these Terms
of Use will be taken to constitute a transfer, assignment or grant of
any ownership rights in the Posts to any other party, including
Healthscope or the Brand.
consideration of Payment of the Post Fee, the Healthscopelist agrees to
grant in respect of each and every Post: to Healthscope (and its
agents) the right to edit and reformat the Post into such formats or
versions for use by Healthscope in such media as Healthscope requires in
accordance with this clause; to Healthscope (and its agents): a
royalty-free, perpetual, worldwide, irrevocable, unconditional,
non-exclusive, transferable licence to use the Post for the purpose of
marketing and promoting Healthscope (and its products and services) in
any manner, without further notification to or consent of the
Healthscopelist or any further compensation payable to the
Healthscopelist; the right to use the Healthscopelist’s Identity and
performances in the Post and to communicate the Post to the public in
all languages, in all media including but not limited to: all online
paid media (including but not limited to digital banners); in all online
owned media (including but not limited to the website of Healthscope
and internal communications of Healthscope); in all social media
(including but not limited to the social media channels of Healthscope);
and in any earned media or public relations activity published by a
third party (including but not limited to print, digital and/or social
media); to the relevant Brand (and its agents): the right to share,
comment upon and re-post the relevant Post in the social media channel
upon which the Post was published, for a period of twenty-one (21) days
expiring at 11:59pm on the twenty-one day after the Post was first
published; and the right to use the Healthscopelist’s Identity and
performances in the Post and to communicate the post to the public in
accordance with conditions above and in any earned media or public
relations activity published by a third party (including but not limited
to print, digital and/or social media).
acknowledge and agree that the relevant Brand will not be required to
remove from its social media channels any Post or any comment, share or
re-post of a Post after the post has been shared.
a Healthscopelist, in respect of each Post, you consent to the relevant
Brand and its successors, licensees, and assigns, and anyone authorized
by them, changing, copying, adding to, taking from, adapting or
translating, in any manner or context or doing any other act in respect
of the Post notwithstanding that such conduct may infringe your moral
rights or performer’s rights (or similar laws in any territory or
jurisdiction) in the Post, and, to the extent possible, your grant a
waiver of all moral rights and performer’s rights in each Post. As an
Healthscopelist, you agree that you will not: for a period of five (5)
hours after a Post is published, post, share, re-tweet or re-gram any
other posts or content to that Channel where the effect of publishing
such additional posts or content would be to reduce the prominence of
the Post; remove the Post from your Channels for a period of 21 days
after the Post is published, expiring at 11:59pm on the thirtieth
calendar day after the Post is published (temporary posts must remain in
your Channels for a period of 24 hours); edit any approved Post after
parody, disparage or make fun of the Brand or its products of services
generally in any way; create any contextual or surrounding posts or
other material on a Channel that in any way detracts from, dilutes the
effect of, or undermines a Post or the Brand or its products or
services; and grant any further rights in a Post to a Brand without the
written permission of Healthscope and appropriate fees being negotiated
on a reasonable basis. Healthscope will charge a reasonable service fee
for negotiating any use extensions between you and a Brand.
acknowledge that the restrictions contained in the clause above are
reasonable in scope and duration having regard to the interests of the
reasonably necessary to protect the interests of the Brand and
a Healthscopelist , you will at all times perform your obligations and
provide Posts to Healthscope and the Brand as an independent contractor
and not in the capacity of an employee, partner or agent or in any other
capacity. You agree that neither Healthscope nor the Brand will be
obliged to pay to you or recover from you any amount as a result of you
being deemed to be an employee of either Healthscope or the Brand,
including in respect of annual leave, superannuation, withholding tax,
income tax, workers compensation contributions or any similar payments
agree that you must not at any time claim or assert that any portrayal,
representation, impersonation or depiction of you in the Posts
constitutes a violation of any of your rights, including any right of
privacy, publicity, false light or a right to bring proceedings for
defamation, whether such portrayal, representation, impersonation,
depiction or exploitation is by the Brand, Healthscope or any their
respective successors or licensees. You hereby release the Brand,
Healthscope and their respective agents, employees, successors and
licensees, from any and all claims by you or under your authority
arising out of or in connection with any portrayal, representation,
acknowledge that Healthscope has not made any warranties in respect of
the success of a Post or that a Post will be approved by a Brand or in
respect of your business or commercial performance or otherwise. You
agree that you (and your agents) will not negotiate terms or payment
from Brands outside the Healthscope Platform. Any attempt to circumvent
the Healthscope Marketplace will result in the removal of you from the
Healthscope Platform in Healthscope’s sole discretion.
acknowledge that Healthscope has the right to request for additional
information from you, including but not limited to your legal full name,
HKID, address etc, for the compliance of any legal, labor and taxation
ordinance set forth by the Hong Kong government. It is your
responsibility to provide such information upon request; and in the case
that Healthscope is not able to receive the appropriate information
upon request, you acknowledge Healthscope has fulfilled its fiduciary
and legal duty and it is your sole-responsibility to fulfil any legal
requirements set forth by the Hong Kong government.
9. Terms for Brands
To start a campaign, you must contact our Business Development staff and describe the details of the campaign.
may, at its sole discretion, implement a minimum spend for Brand
Accounts. You will be notified in writing of any such minimum spend and
the minimum spend will only apply to Campaigns launched after you have
been notified in writing.
agrees to grant in respect of all Content uploaded to the Healthscope
Platform as part of a Campaign: to Healthscope (and its agents), a
royalty-free, perpetual, worldwide, irrevocable, unconditional,
non-exclusive, transferable licence to use the Content for the purpose
of marketing and promoting Healthscope (and its products and services)
in any manner, without further notification to or consent of the Brand
or any compensation payable to the Brand; and to the relevant
Healthscopelist, a royalty-free, perpetual, worldwide, irrevocable,
unconditional, non-exclusive, transferable licence to post, share,
comment upon and re-post the relevant Content across their Channels as
agree to pay Healthscope all fees and charges made to your Brand
Account for agreed Post Fees and use of the Healthscope Platform, in
must pay all charges as advised by Healthscope in writing. Payment must
be made by cheque or bank transfer to Healthscope. Healthscope reserves
the right to charge an admin surcharge in case of any changes made to
the Campaign brief. If a surcharge is applicable you will be notified in
writing by email.
and Media Agencies may request that Healthscope issue an invoice for
fees and charges expected to be incurred by the Brand or Media Agency
during the course of a Campaign (“Invoice”), prior to the commencement
of the Campaign. Healthscope reserves the right to refuse any Invoice
request in its sole discretion.
no terms of payment are stated on an Invoice or otherwise agreed with
Healthscope in writing, the following standard payment terms apply: 30
days from end date of the campaign for approved Brands
Agencies using the Healthscope Platform acknowledge and agree
Healthscope is a cost of good and is non-commissionable. No agency
rebates will be given.
agree that you will not negotiate terms or payment to Healthscopelists
outside the Healthscope Platform. Any attempt to circumvent the
Healthscope Platform may result in the removal of the Brand from the
Healthscope Platform in Healthscope’s sole discretion.
must not attempt to instruct, coerce or manipulate Healthscopelist to
hide the commercial relationship between you and the Healthscopelist.
Such attempts may result in Brand being immediately removed from the
warrant that: you own the Intellectual Property Rights in Content you
upload to the Healthscope Platform and have the right to licence the
Content to Healthscope and Healthscopelists in the manner set out in
Healthscope and Healthscopelists in the manner set out in these Terms of
Use; and you will not encourage or facilitate any misrepresentation or
suggestion that the Brand or any entity has the approval or sponsorship
of any other entity which the Brand or entity does not have; and any
Content you upload to the Healthscope Platform does not contain any
representations or material which you know or suspect (or ought
reasonably to have known or suspected) to be false, misleading or
the event a Healthscopelist meets the requirements outlined in a
Campaign and you approve the Post, you will not deny Payment to
Healthscope for the Post. Healthscope will make payment of the Post Fee
to the Healthscopelist withinin 30 days after the end date of the
campaign, and our system has confirmed that the post met the exact
requirements specified when the post was purchased by the brand, unless
agrees that Healthscope is not responsible for any aspect of the
Brand’s Content to be reviewed, shared, sponsored or advertised by
Healthscopelists. Brand acknowledges and agrees that Healthscope is not
responsible or liable for the content of any Post.
acknowledges that Healthscopelists are independent third parties and
not directly controlled by Healthscope. As a consequence, any Posts will
inherently risk negative or unflattering comments about Brand’s
content, products or services. Brand specifically acknowledges and
agrees that Healthscope has no control over any Post that may be
published and that Brand is solely responsible (and assumes all
liability and risk) for determining whether such Post are acceptable and
appropriate to the Brand.
acknowledge that Healthscope has not made any warranties in respect of
the success of any Campaign in respect of your business or commercial
performance or otherwise of any Post, Campaign, Channel or other media,
marketing communications channel, marketing or advertising campaign,
promotion or advertisement.
10. Approvals Relating to Payment to the Healthscopelist
approval and payment to the Healthscopelist will occur if the post is
active 10 days after the end date of the campaign and remains unaltered
from the original approved submission. Healthscope will automatically
check for active posts and make payments to the Healthscopelist on
behalf of the Brand.
Healthscope fails to locate required the required elements, images,
tags, location description, required destination links, time of post and
disclosure, no payment will be made to the Healthscopelist.
information that you or other users provide to Healthscope is subject
information. You understand that through your use of the Services you
of this information, including the transfer, storage, processing and use
by Healthscope. As part of providing you the Services, we may need to
provide you with certain communications, such as service announcements,
notifications and administrative messages. These communications are
considered part of the Services and your account, which you may not be
able to opt-out from receiving.
12. Log-in and Passwords
You agree that you shall take all steps necessary to protect your login
details (username and password) for the Service and keep them secret.
We encourage you to use “strong” passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with
your account. You agree that you shall not give your login details to
anyone else or allow anyone else to use your login details or account.
If you fail to keep your login details secret, or if you share your
login details or account with someone else (whether intentionally or
unintentionally), you accept full responsibility for the consequences of
this (including any unauthorized purchases or sales) and agree to fully
compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a
result of an unauthorized person accessing your account and using our
Services and we accept no responsibility for any losses or harm
resulting from its unauthorized use, whether fraudulently or otherwise.
13. Content on the Services
Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person who originated such Content. We may not be
able to monitor or control every piece of Content posted via the
Services and, we cannot take responsibility for such Content. Any use or
reliance on any Content or materials posted via the Services or
obtained by you through the Services is at your own risk.
cannot and do not endorse, support, represent or guarantee the
completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed
via the Services. You understand that by using the Services, you may be
exposed to Content that might be offensive, harmful, inaccurate or
otherwise inappropriate, or in some cases, postings that have been
mislabeled or are otherwise deceptive. Under no circumstances will
Healthscope be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or
damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the
Services or broadcast elsewhere.
are responsible for your use of the Services, for any Content you
provide, and for any consequences thereof. Healthscope will not be
responsible or liable for any use of your Content in accordance with
these Terms. You represent and warrant that you have all the
intellectual and property rights, power and authority necessary to grant
the rights granted herein to any Content that you submit.
14. Your Rights
retain your rights to any Content you submit, post or display on or
through the Services. By submitting, posting or displaying Content on or
through the Services, you grant Healthscope a worldwide, non-exclusive,
royalty-free license to use, process, transmit, and distribute such
Content in association with the marketing and promotion of the
Healthscope Services. We will never license or sublicense your work
without your express permission.
15. Your License To Use the Services
gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software that is provided to you by
Healthscope as part of the Services. This license is for the sole
purpose of enabling you to use and enjoy the benefit of the Services as
provided by Healthscope, in the manner permitted by these Terms.
16. Disclaimer and Exclusion of Liability
You acknowledge that:
- In accessing the Services, you have relied on your own skill and
judgment in the use in determining its sufficiency for the use and
results which you intend.
- No promise, representation or warranty has been made by Healthscope
in respect of the profitability, benefits or any other consequence in
the use of the Site, or in respect of the suitability of the Site to the
operations, business or needs of.
- The Services are provided "as is," and Healthscope hereby expressly
disclaims any and all warranties of any kind or nature, whether express,
implied, or statutory. Healthscope does not warrant or represent that
the Site will be free from bugs or that the use of Site will be
uninterrupted or error free, and Healthscope does not make any other
representations regarding the use, or the results of use, of the Site in
terms of accuracy, reliability, or otherwise.
- Healthscope shall not be liable for any loss of use or goodwill,
interruption of business, loss or inaccuracy of business information or
data, lost profits, cost of procurement of substitute services, or any
indirect, special, incidental, exemplary, or consequential damages of
any kind regardless of the form of action, whether in contract, tort
(including negligence), strict product liability, or otherwise, even if
it has been advised of the possibility of such damages.
In no event shall Healthscope, its agents, successors, subsidiaries,
affiliates or assigns, and each of their respective officers, directors,
employees be liable to any User of the Site or any other person or
entity for any direct, indirect, special, incidental, punitive,
consequential or exemplary damages (including, but not limited to,
damages for loss of profits, loss of data, or loss of use) arising out
of the use or inability to use the Site or any information or images
contained thereon or stored or maintained by Healthscope , whether based
on warranty, contract, tort, or otherwise, even if Healthscope has been
advised of or should have known of the possibility of such damages or
16.6 - In no event
shall the total liability of Healthscope, its agents, successors,
subsidiaries, affiliates or assigns, and each of their respective
officers, directors, employees, for all damages, losses, and causes of
action resulting from User’s use of the Site, whether in contract, tort
(including, but not limited to negligence) or otherwise, exceed the
amount paid to Healthscope for the applicable license. Without limiting
the foregoing, in no event shall Healthscope, its divisions, agents,
successors, subsidiaries, affiliates or assigns, and each of their
respective officers, directors, employees, have any liability for any
damages or losses arising out of or otherwise incurred in connection
with the loss of any image or data or information contained in a User
Account or otherwise stored by or on behalf of Healthscope.
- The rights and obligations of each of the parties under this
paragraph (Disclaimer and Exclusion of Liability) will survive
17. Governing law and jurisdiction
Terms shall be governed by and construed in accordance with the laws of
Hong Kong. Both you and us agree to submit to the exclusive
jurisdiction of the courts of Hong Kong as regards any dispute or matter
arising under these Terms.