Effective Date: 23rd September 2020

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These Terms and Conditions ("Terms and Conditions") form a legal agreement between held. (collectively referred to as "held.", "we", "us", or "our") and you, the individual ("you" and "your") concerning your access to and use of the services offered through the Website www.heldbaby.com. Use of the Website constitutes your acceptance of these Terms and Conditions and the Privacy Policy statement incorporated herewithin. By using the Website, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Website. Please print a copy of these Terms and Conditions for your records.

 

Modifications to these Terms and Conditions

held. may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, held. will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Website. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Website and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Website after such changes are posted you agree and consent to all such changes.

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Bookings and cancellation policy

Consultations are required to be prepaid. The booking page allows clients to select their time zone. Consultations missed due to time zone errors will not be refunded. A client may reschedule their consultation free of charge, with minimum 24 hours notice. Cancellations can be made with minimum 24 hours notice and will be refunded, minus a HKD$250 administration fee. Consultations cancelled within 24 hours of the appointment time are non-refundable. Bookings are not transferable.

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Remote clients
For in home consultations, clients living remotely in the New Territories and outlying islands will be charged a $300 surcharge, payable on booking.

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Inclement weather

In home face to face consultations will be cancelled if the Hong Kong Observatory raises: Red/Black Rainstorm warning or Typhoon No. 3, No. 8 or No. 10 Signal or if Pollution Level (Air Visual App-PM2.5/ 200+/Purple). In these circumstances, the held. team will contact the client to reschedule the consultation or offer a telehealth consultation instead. No refunds will be given. Rescheduling due to inclement weather or pollution is at the discretion of held.

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Our role

held. facilitates your access to expert baby advice via telehealth consultation and in-home consultation.

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Your representations and warranties

By booking an appointment on the Website, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with held., (iii) the information you have provided to held. in your booking registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Website, (v) you will not interfere with a third party's use and enjoyment of the Website, (vi) you will not interfere with or disrupt held. or its vendors' security measures, (vii) if any information you provide to held. becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify held., (viii) you acknowledge that access to the held. services provided are not "insured services" under any provincial health plans, (ix) you are accessing the Website for yourself or a child under the age of eighteen for whom you are the legal guardian.

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Termination

If you violate these Terms and Conditions, your ability to use the Website and/or will be terminated.  held. may, in its sole discretion, terminate your access to the Website, or any portion thereof, for any reason whatsoever without prior notice.

These actions are in addition to any other right or remedy held. may have available at law. Further, held. shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Website. Upon any termination of these Terms and Conditions you must immediately cease use of the Website. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

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Prohibited uses

In using the Website, you agree not to:

• Send or otherwise transmit to or through the Website any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

• Misrepresent your identity or affiliation in any way;

• Restrict or inhibit any person from using the Website, disclose personal information obtained from the Website or collect information about users of the Websites;

• Reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;

• Gain unauthorised access to the Websites, to other users' information, or to other computers or websites connected or linked to the Websites;

• Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

• Send or otherwise transmit to or through the Websites chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

• Violate any applicable laws or regulations in any way;

• Alter or modify any part of the content or services offered on or through the Website;

• Breach or otherwise circumvent our security or authentication measures; and

• Assist or permit any persons in engaging in any of the activities described above.

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Intellectual property rights and content

held. is the sole and exclusive owner of the Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. held. reserves all rights not expressly granted hereunder. You agree not to change, reproduce or delete any content, copyright or proprietary notice related to materials downloaded from the Website. You may provide input, comments or suggestions regarding the Website using our contact form. You acknowledge and agree that held. may use any feedback without any obligation to you and you hereby grant held. a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such feedback as held. may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

 

External links

The Website may contain links to third-party websites. Linked sites are not under the control of held. and we are not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that held. endorses, sponsors, or is affiliated with the linked site.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. held. disclaims any and all liability for any information, including but without limitation, any medical and health information set forth on linked sites.

 

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by held. Any views expressed by third parties on the Websites are solely the views of such third party and held. assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and limitation of liability. You agree to defend, indemnify and hold held., its directors and employees, harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Websites; and (c) provision of other disclosure to held. of any other information or data and the use of same by held. as contemplated hereunder. In no event shall held. be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages or any damages whatsoever resulting from any loss of use, profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising from or in any way connected with the websites.

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held. shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

 

Disclaimer

The Websites are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, held. disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. held. does not warrant that the Websites will be uninterrupted or error-free, that defects will be corrected or that the Websites or the server that makes it available are free of viruses or other harmful components.

held. makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website for a particular purpose.  held. assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

Children

The Websites are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Websites at any time or in any manner. By using the Websites, you affirm that you are over the age of 18. held. does not seek through the Websites to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.

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Choice of law and jurisdiction

These Terms and Conditions are governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The parties irrevocably submit to the exclusive jurisdiction of the courts of the Hong Kong in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

 

Personal information and privacy policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Websites and any other information that identifies who you are. Any personal information collected from you on the Website will only be used for the specific purpose(s) mentioned at the time of collection or for purpose(s) directly related to those specific purpose(s). If specific information is requested but not supplied by you, we may be unable to provide the requested service(s). Your personal information will remain confidential and held. will not disclose your personal data to any third party without your consent, except as is required by law. However, your personal data may be disclosed to any third parties (whether within or outside the Hong Kong Special Administrative Region) where such disclosure is necessary to satisfy the purpose(s) of which the data were collected. held. is committed to protect your privacy and will at all times observe the requirements of the Personal Data (Privacy) Ordinance (Cap.486, Laws of Hong Kong) (“Ordinance”) in the collection, use and maintenance of your personally identifiable information (“personal data”). You agree that held. has the right to monitor and review your use of the Websites from time to time, and to use "cookies", "log files" and your "browsing data".

 

Waiver

No delay or omission by held. to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by held. must be in writing and signed by an authorised representative of held.

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Entire agreement

These Terms and Conditions constitute the entire agreement between you and held. as it relates to the access to, and use of, the Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between held. and you.

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Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. held. may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

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Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations.

 

Contact / Notices

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, held. under the Terms and Conditions, please contact held. using the following contact details: 14/F., China Hong Kong Tower, 8 Hennessy Road Wan Chai Hong Kong or via the contact form.

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held. may provide notices or communications to you on the Websites and you agree that such notices shall constitute notice to you whether or not you actually access the notice.