Acceptance of Terms
By using or accessing this Website, you accept, without limitation or qualification, the Terms of Use ("TOU") hereunder. You may not access or use any information of this Website if you do not accept the TOU.
You will be subject to any guidelines or rules applicable to the Website and its contents that may be posted from time to time. All such guidelines or rules are hereby incorporated into the TOU.
You also acknowledge that you may need to enter and bound by additional or separate agreements with ASHK on individual research, activities, products or services in the future.
Prerequisites
The information appeared in the Website is for introductory purpose only. You should be aware that the information in this Website does not constitute any medical advice, consultation, treatment, diagnostics or guidance to you, or to your affiliates. You and your affiliates are required to consult qualified medical practitioner or your own health care provider on you own regarding your health status or medical needs.
Website Information
The Website serves as an introduction to ASHK and provides information on its products, services, research and educational activities (“ASHK Information”). You acknowledge that the information in this Website does not describe the full picture of ASHK, ASHK Information, or any medical information appeared in the Website. In addition, you acknowledge and agree that the information in this Website are provided "AS-IS" and are based on the current state of the art of research and technology in use by ASHK at the time of the access. As research progresses and scientific knowledge and technology evolve, the scientific community may show previous research to be incomplete or inaccurate. Therefore, the form and nature of the information in this Website may change from time to time without prior notice to you. ASHK may stop (permanently or temporarily) providing certain information, in whole or in part, to you or to users at ASHK's sole discretion, without prior notice to you. Internet access is required for using and accessing the Website, ASHK information, and perhaps certain ASHK products, services, research and educational activities. You will be solely responsible for any costs and fees incurred, including but not limited to the equipment and the internet service providers, in accessing the Website or ASHK information or ASHK products, services, research and educational activities as needed.
Risks and Considerations
The information of Website and the ASHK Information do not intend to provide you with any medical advice and not intend to be used for any diagnostic or treatment purpose. You should always seek advice from your medical practitioner or other health care provider with any questions that you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
Certain ASHK products, services, research and educational activities may involve diagnostic and treatment purpose. You must consult ASHK or the responsible person(s) in the related activities on the matters related to such purpose(s). You must not, without the permission of ASHK or its delegates or its collaborators, to alter, change or modify any ASHK products, services, research and educational activities.
ASHK does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, medical practitioners or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned in the Website. Such information is intended for informational purposes only. Reliance on any information provided by ASHK, ASHK’ employees or other parties appearing on the Website at the invitation of ASHK, or other visitors to the Website is solely at your own risk.
User Representations
By accessing the Website and ASHK, you agree to, acknowledge, and represent as follows:
You understand that information you learn from ASHK, ASHK Information, ASHK products, services, research and educational activities, is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information from medical practitioners or health care specialist. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that ASHK urges you to seek the advice of your medical practitioner or other health care providers if you have questions or concerns arising from the information in this Website or ASHK Information.
You also understand that from time to time ASHK will develop tools, equipment, products, services, research and educational activities that may be related for specific uses and purposes, including but not limited to medical fields. You must follow the relevant guidance provided by ASHK, including but not limited the instruction of use as provided. You should not use such tools, equipment, products, services, research and educational activities other than the purpose as specified by ASHK in the relevant guidance or as specified in the agreement between you and ASHK. In addition, such tools, equipment, products, services, research and educational activities may be bound by different laws, regulations, rules, limitations or restrictions as required by different countries, customs, individuals or groups (e.g. age and ethnics). You should always be aware of such laws, regulations, rules, limitations and restrictions prior to the use of the tools, equipment, products, services, research and education activities and must not at any time breach any of such laws, regulations, rules, limitations and restrictions.
Waiver of Property Rights
You understand that during the course of the access or use of the Website or ASHK Information, ASHK products, services, research and educational activities, including but not limited to providing any data or sample, having your information processed, accessing your information, you acquire no rights in any research or commercial products that may be developed by ASHK or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your information or any other information. You acknowledge that additional rights and restriction shall apply in individual agreements of products or services provided by ASHK.
User or Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Website, ASHK information, or ASHK products (including any prototypes), services, research and educational activities, you warrant to ASHK that you will not use the information, the prototypes, the products, the services, the information obtained from research and educational activities therein for any purpose that is unlawful, detrimental to ASHK or prohibited by the terms, conditions, or notices under this TOU or as specified by the guidance as provided by ASHK, for example, the instruction of use of the products. You may not use such information in any manner that could damage, disable, overburden, or impair ASHK or its products, services, research and educational activities, or interfere with any other party's use and enjoyment of the Website and ASHK and its products, services, research and educational activities. Furthermore you agree not to use the Website, ASHK Information, ASHK products, services, information from the research and educational activities to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with ASHK, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ASHK; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Website, ASHK Information, ASHK products, services, research and educational activities to attempt to identify other users or customers, or to contact other customers or for any forensic use; (7) download any file posted by another user of the ASHK that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of ASHK or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by ASHK and by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website or ASHK; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Website; (15) attempt to or actually override any security component of Website or its services; (16) interfere with or disrupt the Website or ASHK, or servers or networks connected to the Website or ASHK, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website or ASHK; (17) violate these Terms of Use, any code of conduct or other guidelines which may be applicable for any particular area of the ASHK or have been communicated to you by anyone affiliated with ASHK; or (18) intentionally or unintentionally violate any applicable law and regulations, including but not limited those in Hong Kong, or in any country which the user resides, or in any country which such data, information, products, services, research and educational activities will be transmitted to and be used.
You acknowledge and agree that you are solely responsible for (and that ASHK has no responsibility to you or to any third party for) any breach of your obligations under the TOU and for the consequences (including any loss or damage which ASHK may suffer) of any such breach. In case of breach of any one of these agreements, or where ASHK has reasonable ground to suspect that you have violated the terms of this TOU, ASHK has the right to refuse any or all the current or future access or use of Website or ASHK Information, or ASHK products, services, research and educational activities as provided by ASHK (or any portion thereof) and you will defend and indemnify ASHK and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your information that is not subject to any export ban or restriction in the country in which you reside, 2) that your data and information may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from Hong Kong or the country from which you access the Website or ASHK online. You acknowledge and agree that you may have to comply with further terms in separate agreements on individual ASHK products, services, research and educational activities.
As mentioned above in the TOU, you acknowledge that certain ASHK products, services, research and educational activities may subject to different laws, regulations, rules, limitations and restrictions. You are responsible to ensure that you are eligible to import, export, participate, use, or access of such products, services, research and educational activities, or any materials related thereof, in accordance to your local regulations.
Privacy Statement and Disclosure of Information
In order to use the Website and ASHK, you must first acknowledge and agree to the Privacy Statement. You may not use or involve in the use of the Website, ASHK Information, ASHK products, services, research and educational activities if you do not accept the Privacy Statement. If you do not agree with the Privacy Statement, you will stop accessing the Website and ASHK Information, and stop using the ASHK products, services, research and educational activities.
General Practices Regarding Use and Storage
You acknowledge that ASHK may establish general practices and limits concerning use of the Website, ASHK Information, ASHK products, services, research and educational activities. You acknowledge and agree that ASHK has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Website or ASHK products, services, research and educational activities; or for the loss of any information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that ASHK reserves the right to change these general practices and limits at its sole discretion.
Modifications to the Information of the Website, ASHK Information and ASHK Products, Services, Research and Educational Activities
ASHK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the provision of Website or ASHK Information, or ASHK products, services, research and educational activities (or any part thereof) with or without notice. ASHK shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, ASHK Information, ASHK products, services, research and educational activities.
The Website or ASHK products, services, research and educational activities that you access or use may from time to time automatically prompt you to download and install updates from ASHK. These updates are designed to improve, enhance, and further develop the ASHK products, services, research and educational activities, and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You agree to receive such updates (and permit ASHK to deliver these to you) as part of your use of the Website, ASHK Information or ASHK products, services, research and educational activities.
Hyperlinks and the ASHK Website
The Website, ASHK Information, or ASHK products, services, research or educational activities, as well as the third parties, may provide links to other sites and resources on the Internet. You acknowledge and agree that ASHK is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ASHK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked, or websites or resources.
ASHK Proprietary Rights
You acknowledge and agree that ASHK (or ASHK licensors, as applicable) own all legal right, title, and interest in and to the Website, ASHK, ASHK products, services, research and educational activities, including any intellectual property rights (including but not limited to patents) which subsist in ASHK, the Website, ASHK Information, or ASHK products, services, research and educational activities (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You will not, without written approval of ASHK, to use or perform any acts which would cause infringement of such proprietary rights.
You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Website, ASHK Information, ASHK products, services, research and educational activities. Unless otherwise agreed by ASHK in writing, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
You acknowledge and agree that further terms on proprietary rights may be subsisted, added, or modified in the future, whether through this Website or in separate agreements between you and ASHK on individual ASHK products, services, research and educational activities.
Disclaimer of Warranties
You expressly acknowledge and agree that: (1) your use of the information in the Website, the ASHK and ASHK products, services, research and educational activities are at your sole risk. The information of the Website, the ASHK information and ASHK products, services, research and educational activities are provided on an “AS-IS” and “AS AVAILABLE” basis. ASHK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WARRANTY OF MERCHANTABILITY FITNESS, FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) ASHK makes no warranty that (a) the information and the quality of the Website, the ASHK Information or ASHK products, services, research and educational activities will meet your requirements; (b) the provision of the Website, ASHK Information, ASHK products, services, research and educational activities will be uninterrupted, timely, unfailing secure, or error-free. (c) any errors in the Website, ASHK Information, ASHK products, services, research and educational activities will be corrected; (3) any materials obtained or downloaded from the Website, the ASHK Information, or ASHK products, services, research and educational activities shall be at your own risk. ASHK will not be responsible on any damage, disruption, interruption or loss of your computer system, of your devices, or of your data that results from the use of such materials; (4) any use or access of information of the Website. ASHK Information, or ASHK products, services, research and educational activities does not create any warranty not expressly stated in the TOU; (5) ASHK does not control or endorse any actions resulting from your participation in the use or access of the Website, ASHK Information, or ASHK products, services, research and educational activities. ASHK specifically disclaims any liability with regard to any actions resulting from your participation in the use or access to the Website, ASHK Information, or ASHK products, services, research and educational activities.
Limitation of Liability
You expressly acknowledge and agree that ASHK will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses. You will be solely responsible for any of such liability arising from, including but not limited to: (a) the course of the use or access, or inability to use or access, of the Website, ASHK Information, ASHK products, services, research and educational activities; (b) any action you take based on the information of the Website, ASHK Information, ASHK products, services, research and educational activities; (c) any cost of procurement of substitute goods and services resulting from the information of the Website, ASHK Information or ASHK products, services, research and educational activities; (d) any costs or liabilities resulting from your use or from your representation you make to third party using the information from the Website, ASHK Information, or ASHK products, services, research and educational activities.
Indemnity
You agree to defend and hold ASHK, asnd its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the information you submit, post to, or transmit through the Website and/or ASHK products, services, research and educational activities; your use of the Website, ASHK Information, and ASHK products, services, research and educational activities; your connection to the Website, ASHK products, services, research and educational activities; your violation of the TOU; your use or disclosure of any information obtained from your data and information (if any), whether by you or by the third party to whom you disclose or consent to disclose; or your violation of any rights of another.
Changes to the Terms of Use
ASHK may make changes to the TOU from time to time. When these changes are made, ASHK products, services, research and educational activities will make a new copy of the TOU available on its website.
You acknowledge and agree that if you access the Website, or if you use the ASHK Information or ASHK products, services, research and educational activities after the date on which the TOU have changed, ASHK will treat your use as acceptance of the updated TOU. If you do not want to agree to changes to the TOU, you will not access the Website, ASHK Information, or ASHK products, services, research and educational activities.